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Labor and Employment Law

Young Conaway's Labor and Employment Law Section is Delaware's largest. Its attorneys represent private and public sector employers in all facets of management-side employment and labor law. It is consistently ranked as the top employment law firm in Delaware by Chambers USA - America's Leading Lawyers for Business (2012).

Litigation

The attorneys in the section have extensive litigation experience and regularly represent clients in Delaware's state and federal trial and appellate courts, before the U.S. Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the U.S. and Delaware Departments of Labor, the Office of Federal Contract Compliance Programs (OFCCP), and other state and federal administrative tribunals. The section advises and defends its clients on a wide range of subjects including:

  • employment discrimination under Title VII, ADEA, ADA and FMLA,
  • wrongful discharge and workplace torts including invasion of privacy and defamation,
  • breach of employment contract,
  • unfair labor practices,
  • employee benefits and ERISA litigation,
  • handbooks, practices and procedures,
  • collective bargaining, unfair labor practices & grievance arbitration,
  • reductions in force and the WARN Act,
  • non-competes, unfair competition and trade secrets,
  • union avoidance advice and training,
  • FLSA wage and hour, individual and collective actions,
  • whistleblower litigation,
  • constitutional claims against public employers,
  • defense of workers' compensation claims, and 
  • public sector interest arbitration.

Counseling

The section provides its clients with day-to-day and long-term advice aimed at preventing problems before they occur. This proactive approach includes counseling regarding personnel policies and practices, implementation and enforcement of restrictive covenants, arbitration programs and employment law compliance audits. Attorneys in the section advise employers regarding legal considerations involving issues such as hiring, firing, promotions, and layoffs.

The section advises and counsels employers on workers' compensation matters including the complex interplay of employee claims for workers compensation with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Our attorneys also counsel employers and their workers' compensation carriers on creative options for full and final settlements and other aspects of cost-insulation on their workers compensation exposure.

The section also works with its clients on traditional labor matters including union avoidance and decertification, developing strike plans, strike control and resolution, collective bargaining, and arbitration. 

Training

As part of this proactive approach, the section's attorneys provide training tailored to meet a client's needs. The training for all levels of management encompasses such topics as preventing unlawful harassment, responding to threats of workplace violence, conducting lawful and effective interviews, discipline, coping with the ADA and FMLA, and how to effectively document personnel actions.

The attorneys in the section edit the Delaware Employment Law Letter, the only monthly newsletter exclusively for Delaware employers. They also provide a free resource to clients and colleagues via the Internet through the Delaware Employment Law Blog.