Employment Law and Practices

Recognized and Endorsed by Many Carriers as Panel Counsel to Defend Professional Liability Claims

Peckar & Abramson’s national Employment Law and Practices Group is devoted exclusively to defending employment practice liability claims and directors and officers in errors and omissions claims.

Our clients respect the diligent, effective and strident defense of their interests that we regularly provide — and the Results we deliver — when Employment Practices or D&O claims arise.

Experience

In recognition of the depth of our Employment Law and Practices Group in insurance defense, numerous carriers have endorsed Peckar & Abramson as their select panel counsel to defend professional liability claims.  Our clients often insist to their insurance providers that P&A is preselected to serve as their defense counsel.

Panoramic View

Because we work closely with underwriters, adjusters, carrier representatives, risk managers, consultants, brokers and insureds, we are able to deliver effective claims management and risk control services to address claims quickly and cost effectively.  Our experience with this diverse clientele allows us to see every dispute with a 360-degree perspective.

We focus on the early evaluation of claims, and aggressively obtain mitigation information in order to swiftly and effectively assess liability. This allows us to develop strategies to make Alternative Dispute Resolution (ADR) procedures more effective and drive down the cost of traditional litigation.

Carrier Representation

Insurance carriers also call upon the skill of our Employment Law and Practices Group for mediation, arbitration and litigation in order to monitor outside counsel on a national level. We help ensure that claims are being pursued efficiently and cost-effectively. We also keep carriers apprised as to the status of claims and ensure that legal billing and reporting guidelines are being met.

Practice Audits

Our Employment Law and Practices Group draws upon its significant experience in offering both insureds and non-insureds comprehensive employment practice audits focusing on ways to minimize the risk of employment-related lawsuits; reduce employment-related costs; and improve productivity, efficiency, morale and retention. These legal compliance and litigation avoidance practices include strategic, preventative compliance advice to in-house counsel, human resources professionals and senior management.

Restrictive Covenants

Restrictive covenants, non-compete and non-solicitation agreements, and the pursuit and protection of confidential information are vital to any business.  Litigation concerning misappropriation of trade secrets and proprietary information makes up a large percentage of the lawsuits being filed in both state and federal courts.

Legal Compliance and Audits

Peckar & Abramson provides legal compliance and counseling services to clients on such employment issues as:

  • State, federal and local EEO laws
  • Class action and multi-employer wage and hour laws
  • Employee Retirement Insurance Act (ERISA)
  • State and federal posting requirements for anti-discriminatory harassment, minimum wages, child labor laws, unemployment and workers compensation notification
  • DOH, OIG, DOJ, OFCCP, OSHA and DOL
  • Statutory workplace training and investigation
  • Employee drug testing and pre- and post-employment screenings
  • Immigration and naturalization

Best Practices

Peckar & Abramson’s Employment Law and Practices Group understands the value of protectable interests. We offer clients a unique business best practices program that includes:

  • Preparing and reviewing restrictive covenant agreements
  • Preparing and reviewing employment contracts
  • Counsel and advice for the protection of proprietary information
  • Advice and counsel on electronically stored information

  • Retaining forensic examiners and specialists entrusted to safeguard confidential and proprietary information
  • Obtaining injunctions and other court ordered relief and remedies available under state, federal or common law
  • Preparing pre-dispute arbitration agreements

Advice & Counseling

Peckar & Abramson’s Employment Law and Practices Group provides valuable advice and counseling to clients on a wide variety of workplace matters with the goal of avoiding litigation and finding workable solutions to complex employment problems. We work to minimize your costs without compromising the quality of our representation.

When a dispute cannot be resolved between the parties, or when ADR is unsuccessful, our litigation attorneys are experienced trial counsel and routinely appear at the national level before administrative agencies, and in state and federal court as well as appellate courts.

Alternative Dispute Resolution in Employment

In response to increasing employment litigation, companies, courts, fair employment practice agencies and insurance carriers are increasingly turning to Alternative Dispute Resolution (ADR) as an alternative to litigation.

ADR, when implemented appropriately, is an effective tool for both management and employees. ADR, similar to litigation, requires a careful understanding of the facts in order for counsel to evaluate all of the legal issues, make recommendations and develop comprehensive strategies to reach an amicable resolution.

Peckar & Abramson’s Employment Law and Practices Group has significant national experience in dispute resolution to resolve cases efficiently and cost effectively, without compromising the interests of the company.

Structured ADR, whether it is mediation, arbitration or a hybrid of the two — and whether court ordered, contractual or through a third party neutral — requires experienced attorneys who know how to properly evaluate a case before litigation costs take over and make early resolution prospects less likely. At Peckar & Abramson, we strive to achieve a workable solution to your employment needs, which allows you to then focus on your business.

Management Litigation

Our Employment Law and Practices Group has successfully defended class action and other multi-plaintiff suits involving breach of contract, wrongful termination, sexual harassment, retaliation, failure to accommodate, whistleblowing, tortuous interference, age and other protected classifications under different statutes or common law principles.

Class Action and Multi-Employer Wage and Hour Litigation

Peckar & Abramson’s well-respected national wage and hour defense practice defends wage and hour class action lawsuits and investigations by the United States Department of Labor and other agencies. We also train companies in all facets of compliance audits, payroll practices and procedures as well as proper classification of employees.

Labor Management Relations

Peckar & Abramson’s Labor Law Group provides labor counseling to employers and assists management through aggressive response efforts to avoid labor disputes and promote effective employee-employer relations.

Whatever your industry, Peckar & Abramson is dedicated to meeting the legal needs of management by delivering results and excellent customer service. At Peckar & Abramson, personal attention to clients is prompt, responsive and efficient.

Representative Industries

We represent public, private and closely held companies and partnerships, for profit and nonprofit organizations, and franchisees, from the Fortune 100 to smaller and mid-size companies in diverse industries, including:

  • Healthcare (skilled nursing, independent and assisted living, CCRC’s, home health agencies and rehabilitation services)
  • Construction
  • Financial services
  • Property management
  • Insurance
  • Technology
  • Transportation
  • Building services
  • Hotel and Hospitality
  • Retail
  • Manufacturing
  • Pharmaceutical
  • Power and energy

We offer a variety of services including:

  • Day-to-day management counseling and advice
  • Management training seminars and workshops that keep management informed about changes in the complex landscape of employment law
  • Workplace investigation (sexual harassment, discrimination and retaliation
  • Hiring practices
  • Personnel policies and employment policies

  • Employment agreements and separation packages
  • Compensation and benefits
  • Layoffs, terminations and disciplinary actions
  • Leaves of absence and reasonable accommodations and compliance
  • Reductions in force
  • Implementation of best management practices and internal investigations

Peckar & Abramson has earned a national reputation as a leading employment law firm and partners with its clients to keep them informed about trends that may affect their business. As you contemplate your current and future needs, we hope that you will select Peckar & Abramson: the law firm that delivers tomorrow’s solutions today.

PROFESSIONALS

Related Practice Areas

Insights

  • The Texas Storm – Guidance for Contractors

    The Texas snow and ice storm of February 2021 will long be remembered.  It has affected everyone across the State, and its impacts continue to be felt a week later.  This Alert provides the construction industry with guidance and recommendations for navigating commercial risk resulting from the storm. The potential impacts to your projects may […]

  • Gary M. Stein Quoted in South Florida Business Journal Article Discussing Elon Musk’s Proposed Tunnel

    Gary M. Stein, co-managing partner of Peckar & Abramson’s Miami office, was quoted in the South Florida Business Journal‘s article, “$30M in six months? Elon Musk’s Miami tunnel idea ‘a logistical challenge,’ experts say,” published on February 15, 2021. The article discusses Elon Musk’s proposed tunnel for electric vehicles in Miami beneath Brickell Avenue and […]

  • Stephen Katz Discusses PPP Loan Audits in Construction Executive Article: “Business Survival in the Age of COVID-19”

    Stephen P. Katz, Chair of Peckar & Abramson’s Corporate Law Practice, was quoted in Construction Executive‘s article, “Business Survival in the Age of COVID-19,” published on February 2, 2021. Stephen discusses the potential for PPP loan audits and provides a detailed list of all the types of documentation and information companies should consider assembling to […]

  • The Basics of Subcontractor Defaults – Key Considerations

    This article was written for the ConsensusDocs newsletter and first appeared here. The success of general contractors in completing a construction project is often dependent upon the performance of their subcontractors.  General contractors have frequently said exactly this. Traditionally, the key subcontractors on a project are the electrical, plumbing, HVAC and structural steel subs.  Due […]

  • Thomas J. Curran Quoted in Financial Times Article: “White Collar Lawyers Predict Boom Times Under Biden”

    Thomas J. Curran, co-chair of Peckar & Abramson’s White Collar and Regulatory Enforcement Practice, was quoted in the Financial Times’ article, “White Collar Lawyers Predict Boom Times Under Biden,” published on February 6, 2021. The article discusses how corporate criminal prosecutions are expected to rise after falling dramatically during former President Donald Trump’s presidency.   […]

  • AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021

    SUMMARY Effective January 1, 2021, a new California law requires employers to notify employees about  possible or known exposure to COVID-19 at the workplace. The law requires actual notification to employees within one day. In addition, the law requires notifications to local public health authorities of a COVID-19 outbreak. The law also gives Cal/OSHA a […]

  • Shaking Hands With Uncle Sam: What to Know When Working With the Government

    Lori Ann Lange, partner and co-chair of Peckar & Abramson’s Government Contracting & Infrastructure practice, has written “Shaking Hands With Uncle Sam: What to Know When Working With the Government,” an article for Best Lawyers. She discusses how “the key to success for any contractor is to educate itself about how to operate within the […]

  • Jerry P. Brodsky Appointed to The Dispute Resolution Board Foundation’s Interim Board of Directors for Region 4 Latin America

    Florida Board Certified construction law attorney Jerry P. Brodsky, a partner with national construction law firm Peckar & Abramson P.C. and Director of the firm’s Latin American Practice, has been appointed to The Dispute Resolution Board Foundation’s (DRBF) Region 4 Interim Board of Directors for Latin America. According to the DRBF, the non-profit organization is […]

  • Law360: Peckar & Abramson Forms International Construction Alliance

    Law360‘s recent article, “Peckar & Abramson Forms International Construction Alliance” discuses Peckar & Abramson’s recent announcement that the firm has created the international construction law alliance, Leading Construction Lawyers (LCL) along with the preeminent construction law practices at the French law firm Altana, the German law firm Breyer Rechtsanwälte, and the consulting and dispute resolution firm PS Consulting, […]

  • Peckar & Abramson, Altana, Breyer Rechtsanwälte, and PS Consulting, announce the creation of Leading Construction Lawyers: The International Alliance of Construction Law Professionals

    Under the banner Leading Construction Lawyers (LCL), an international construction law alliance has been formed by the preeminent construction law practices at the United States law firm Peckar & Abramson, PC, French law firm Altana, the German law firm Breyer Rechtsanwälte, and the consulting and dispute resolution firm PS Consulting, based in Paris. The newly […]

  • Seven Peckar & Abramson Attorneys Named 2020 Top Lawyers by Bergen Magazine

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that seven attorneys have been named Bergen County’s Top Lawyers for 2020 by Bergen Magazine. According to the publication, attorneys named to this list have received the highest vote totals within their specialty area based on peer-reviews from hundreds of practicing and active […]

  • Peckar & Abramson, PC Welcomes Christopher M. Bletsch to the Firm’s Partnership; Announces Additional Promotions to Senior Counsel and Senior Associate Ranks

    Peckar & Abramson, PC (P&A) is pleased to announce that Christopher M. Bletsch of the firm’s New York office has been promoted to Partner. P&A also announces the promotion of the following attorneys to Senior Counsel and Senior Associate: Senior Counsel Angela A. L. Connor (Houston) Freddy X. Muñoz (Miami) Patrick Murray (New Jersey) Melissa […]

  • A Need to Know: New Cybersecurity Requirements for Defense Contractors

    Lori Ann Lange, partner and co-chair of Peckar & Abramson’s Government Contracting & Infrastructure practice, has written “A Need to Know: New Cybersecurity Requirements for Defense Contractors,” an article for Construction Executive. The article discusses the new cybersecurity requirements that construction contractors working on DoD projects must adhere to. Read the full article here.

  • Peckar & Abramson Partner Paul Monte Selected to Top 100 New York Metro Super Lawyers List

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that Paul Monte was named to the 2020 Super Lawyers list of Top 100 New York Metro attorneys, making Paul only one of two construction attorneys on the prestigious list. He was also named to the list last year. “It’s a pleasure […]

  • Virtual Mediation – How Do I Make It Work For Me?

    This article was written for the ConsensusDocs newsletter and first appeared here. Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. […]

  • The Adoption of a COVID-19 Vaccination Policy in the Workplace

    It was not long after the first pharmaceutical company announced a successful Phase 3 trial of a COVID-19 vaccine that questions began to be asked by employers about whether, and under what circumstances, an employer could mandate that employees receive a COVID-19 vaccine as a condition of employment. While it is presently legal for an […]

  • Natural Disasters’ Impact on Construction in the United States

    Robert S, Peckar, a founding partner of Peckar & Abramson, and Crystal T. Dang, an associate in the firm’s Houston office, have written “Natural Disasters’ Impact on Construction in the United States,” an article for Construction Executive. The article provides guidelines in anticipation of disasters, for reviewing the impact of a disaster as it is […]

  • Documenting Contract Changes in Construction

    JD Holzheauser, a senior associate in Peckar & Abramson’s Houston office, has written “Documenting Contract Changes in Construction” an article for Construction Executive. The article provides advice on actions a contractor can take during construction that will help them recover time or money when a contract’s schedule or scope of work needs to be changed. […]

  • Nine Peckar & Abramson Attorneys Named 2020 Thought Leaders in Who’s Who Legal

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that nine attorneys have been named 2020 WWL Thought Leaders – Construction by Who’s Who Legal. These attorneys are recognized for having obtained the largest number of nominations from peers, corporate counsel and other market sources in WWL’s most recent research cycle, with many having […]

  • Reporting Incidents of Work-Related COVID-19 Fatalities and Hospitalizations

    On September 30, 2020, the Occupational Safety and Health Administration (OSHA) issued new regulatory guidance to clarify employer reporting requirements of COVID-19 related work incidents that lead to either an employee fatality or hospitalization. The reporting requirement for fatalities from a work-related COVID-19 infection is triggered when an employee dies within 30 days of being […]