We advise clients based in Europe on consultations with unions and works councils, and—where clients are not unionized—on the processes required to elect representatives for the purposes of information and consultation in collective redundancies and business transfers in the European Union.

Labor and employment claims often are prolonged and may include discrimination, wrongful discharge, whistleblower claims and retaliation, along with claims of fraud, breach of fiduciary duty, breach of contract, and tortious interference arising out of business relationships and transactions, and we have the skills to handle cases with any level of complexity. Our record of achievement extends to all facets of employment litigation and dispute resolution in the US and European courts and administrative agencies, such as the US Equal Employment Opportunity Commission and the US Department of Labor. We also have experience representing companies in class actions brought by employees, and in post-trial and appellate litigation.

Even in the best-managed businesses, employment disputes inevitably arise, and can result in litigation. We encourage active client participation in determining goals, strategies and tactics and in evaluating risks and costs associated with the litigation process.

Within the US, we represent clients at trial and on appeal at both the state and federal court level in multiple jurisdictions, in claims that span all areas of employment law, including discrimination, harassment, retaliation, wrongful termination, privacy, wage and hour, ERISA allegations and matters arising from executive employment agreements, non-competition and confidentiality agreements, and severance agreements—as well as in Sarbanes-Oxley and Dodd-Frank and other whistleblower cases, nationwide class actions, post-trial litigation, complex settlements, and negotiations in multiple plaintiff cases. In recent years, we have litigated cases of first impression and under the wage and hour laws resulting in beneficial outcomes for our clients. We also regularly represent clients before administrative agencies, including the US Equal Employment Opportunity Commission; the US Department of Labor, Wage and Hour Division; the US Occupational Safety and Health Administration; the US Office of Federal Contract Compliance Programs; the National Labor Relations Board; state fair employment practice agencies; and state departments of labor.

Sarbanes-Oxley and Dodd-Frank broadened whistleblower protections to include other federal offenses and enhance remedies, and protect corporate whistleblowers bringing claims of fraud and SEC violations against their employers. Countering such claims effectively requires not only an excellent employment law team, but also skilled securities and corporate lawyers. The depth and collaboration of WilmerHale’s Labor and Employment, Corporate, and Securities Practices mean we can successfully counsel and defend clients on all aspects of the matter.

We counsel clients in all facets of traditional labor law, both in the United States and internationally. We have represented many clients in administrative proceedings before the National Labor Relations Board and in union elections.