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Labor & Employment

Hancock Estabrook represents large and small employers throughout Central and Upstate New York. We provide prompt and effective advice to help employers comply with their legal obligations in a manner that allows them to accomplish their goals. We help our clients minimize their risk of legal exposure and position themselves to successfully defend labor and employment litigation that may arise.

Our labor and employment attorneys represent public and private employers in all aspects of employment law, defending their interests in federal and state courts and before the United States Equal Employment Opportunity Commission, New York State Division of Human Rights, New York State Public Employment Relations Board, National Labor Relations Board, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs, New York State Workers’ Compensation Board and federal and state Departments of Labor. 

Attorneys in the Labor & Employment Practice have handled numerous types of litigated and administrative matters for employers. These have included claims of discrimination, harassment and/or retaliation under various federal and state laws, including, but not limited to the:

  • Age Discrimination in Employment Act
  • Title VII of the Civil Rights Act
  • Family and Medical Leave Act
  • Americans with Disabilities Act
  • Fair Labor Standards Act
  • New York State Human Rights Law
  • New York State Civil Rights Law
  • New York State Labor Law
  • Worker Adjustment and Retraining Notification Act (WARN)

From time to time our attorneys have prosecuted civil actions on behalf of employers asserting common law claims and violations of various statutes, including:

  • Breach of Restrictive Covenants, including noncompetition and non-solicitation provisions
  • Unfair Competition
  • Trade Secret Theft
  • Breach of Employment Contract
  • Fraud
  • Breach of Confidentiality Agreements
  • Tortious Interference with Contractual Relations
  • Civil Racketeering
  • Conversion

Our labor and employment attorneys have defended numerous employers before administrative entities such as the:

  • United States Equal Employment Opportunity Commission
  • New York State Division of Human Rights
  • Occupation Safety and Health Administration
  • United States Department of Labor
  • New York State Workers’ Compensation Board
  • New York State Department of Labor
  • New York State Public Employment Relations Board

Members of the Labor & Employment Practice have assisted employers with audits brought by a vast array of governmental and quasi-governmental entities such as the:

  • Department of Homeland Security
  • Office of Federal Contract Compliance Programs
  • New York State Insurance Fund
  • New York State Department of Labor
  • United States Department of Labor

Our labor and employment attorneys represent employers before the National Labor Relations Board and the New York State Public Employment Relations Board in all aspects of labor relations matters handled by those agencies.

In addition, members of the Labor & Employment Practice handle all aspects of labor relations for organized employers including, but not limited to:

  • Collective Bargaining
  • Grievance Proceedings
  • Arbitration Proceedings
  • Unfair Labor Practice Charges
  • Union Avoidance Campaigns and Related Matters

Members of the Labor & Employment Practice have reviewed hundreds of labor and employment policies for employers including:

  • Reasonable Accommodation
  • Anti-Harassment
  • Electronic Communications
  • Family and Medical Leave Act Policies
  •  At-Will Employment
  • Wage and Hour Issues
  • Time and Attendance 

Hancock Estabrook’s labor and employment attorneys provide comprehensive in-house training programs for employers in the areas of:

  • Harassment Prevention
  • Interviewing and Hiring
  • Family and Medical Leave Act
  • Affordable Care Act
  • The Reasonable Accommodation Process
  • Religious Accommodations
  • Privacy Issues
  • Record Keeping & Retention
  • Wage and Hour Issues
  • Discipline and Discharge
  • Supervising Individuals with Disabilities
  • Conducting Internal Investigations 

The attorneys of the Labor & Employment Practice are frequently called upon to draft, interpret or enforce numerous types of contractual documents including, but not limited to:

  • Employment Contracts
  • Restrictive Covenants, including noncompetition and non-solicitation provisions
  • Confidentiality Agreements
  • Arbitration and other Alternative Dispute Agreements
  • Termination/Separation Agreements

Our attorneys are available to consult with employers, assist in developing a work plan and analyze employer-specific compliance issues relating to federal Patient Protection and Affordable Care Act/Health Care and Education Reconciliation Act (ACA). We can offer the benefit of our extensive employment and labor law experience, advising and representing employers of all sizes in both day-to-day employment matters and compliance issues. Whether you are a larger employer, a family owned business or an emerging start-up with increasing growth potential, we can help you assess your risks under the ACA. In a unionized setting, we can assist in developing a strategy to meet collective bargaining obligations. Please visit our Affordable Care Act Initiative Team page to learn more about how Hancock Estabrook can assist clients in this area.

Please visit our labor & employment posters page to view or download a variety of useful posters.