Labor & Employment

Overview

Ranked as a 2017 national “Best Law Firm” in Labor Law/Management by U.S. News - Best Lawyers®, Dykema’s team of labor and employment lawyers applies in-depth knowledge of ever-changing legal issues to the representation of corporate and public employers in such diverse fields as retail, manufacturing, construction, transportation, banking and finance, health care, government and education.

Dykema provides strategic counsel on all employment-related issues, from civil rights and employee benefits to union negotiations, immigration and litigation. With our advice, clients can navigate and comply with complex laws and meet specific employment-related objectives. Dykema also maintains a labor and employment law blog (www.laboremployment-lawblog.com), in which attorneys highlight important legal developments with practical implications for companies in all industries.

Employment Litigation

When litigation of employment claims is necessary, Dykema’s attorneys draw upon a wealth of experience in defending these lawsuits in federal and state courts as well as before administrative agencies. That experience allows Dykema to tailor a defense to each client that is focused upon the needs of the business, as well as the exigencies of the litigation. The Firm recently ranked as a "Litigation Powerhouse" in Employment in the BTI Litigation Outlook 2018 report, based on direct client feedback from in-depth interviews with corporate counsel at the world’s largest companies. Read more.

Unions and Collective Bargaining

Chambers USA 2017 recognizes Dykema’s labor and employment strengths as “attention to detail, professionalism, a to-the-point but tactical attitude and approachable and attentive lawyers” (Client Quotes 2017) – essential attributes for successfully negotiating collective bargaining agreements, combating organizing campaigns in your workplace, representing employers in labor arbitrations, and addressing allegations of unfair labor practices. Read more.

Employment Counseling

Dykema attorneys understand that preventing employment disputes is preferable to litigating them, and work closely with clients to develop and implement policies and procedures tailored to the unique labor and employment challenges faced by your organization. Read more.

ERISA Litigation

Allegations of improper conduct under ERISA—whether based in complex claims for breach of fiduciary duty or taking the form of a simple denial of benefits claim—pose their own set of unique challenges. Dykema’s attorneys are experienced in the defense of ERISA litigation at both the trial and appellate level. Read more.

Immigration

Companies operating globally need the best talent available, and the ability to relocate employees to meet business needs.  We offer a complete portfolio of employment-based U.S. immigration-related services that includes temporary and permanent visa processing procedures, PERM labor certification applications, as well as family-based immigration sponsorship and naturalization assistance. Read more.

Non-Compete, Unfair Competition and Trade Secrets

Disputes over non-compete agreements often position employers against each other, particularly in the technology industry. We have handled litigation representing both employees’ former and new employers and are prepared to help our clients to seek and resist applications for temporary restraining orders and permanent injunctions, as well as to prosecute and defend claims of tortious interference with employment contracts and misappropriation of trade secrets. Read more.

Wage & Hour

Wage and hour issues can cost an employer more than money: problems in this area also tend to be disruptive to the workplace and invite government scrutiny. Our employment attorneys are well-versed in the wage and hour laws and help clients bring their payroll practices into compliance and keep them that way. Read more.

  • "'Dr. Phil' Case Shows Limits Of Employer Enforcement Power"
    Law360
    July 27, 2017
  • "Evaluating Effect Of Bad Atty Advice On Case-By-Case Basis"
    Law360
    July 17, 2017
  • "Are Independent Contractors on Life Support?"
    State Bar of Michigan Labor and Employment LawNotes
    Winter 2017
  • "Noncompete Agreements Under Michigan Law"
    Michigan Bar Journal
    December 2016
  • “Rejection of $84 Million Class Action Settlement Sends Uber Back to the Starting Line”
    Inside Counsel
    August 31, 2016
  • Laura Worsinger Quoted in SHRM Review of California Sick-Leave Laws
    July 12, 2016
  • "LA Paid Sick Leave Law: Another Bitter Pill To Swallow"
    Law360
    July 1, 2016
  • "Examining The EEOC's Broad Interpretation Of Title VII"
    Law360
    March 11, 2016
  • "Make that Thirteen Labors: FCPA requirements present Herculean labor for compliance officers"
    Metropolitan Corporate Counsel
    July 17, 2015
  • "Preparing for the new Cook County wage theft ordinance"
    Chicago Daily Law Bulletin
    March 30, 2015
  • "Implementing the New Illinois Pregnancy Fairness Laws"
    Chicago Daily Law Bulletin
    January 28, 2015
  • "NLRB Is Showing More Interest In Nonunion Employers"
    Law360
    January 16, 2015
  • "Court to examine accommodations for pregnant workers"
    Chicago Daily Law Bulletin
    November 2014
  • "Medical Practices Must Be Careful When Firing Incompetent Staff"
    Physicians News Digest
    November 19, 2014
  • “Civil Rights Discrimination Under the Affordable Care Act”
    Metropolitan Corporate Counsel
    November 2014
  • "Chinese EB-5 Visa Update"
    Inside Counsel
    November 2014
  • "NLRB Decision Shocks Franchise World: McDonald's, A 'Joint Employer' of Franchisee Employees"
    Metropolitan Corporate Counsel
    October 3, 2014
  • "Unpaid internships an unseen liability"
    Inside Counsel/Labor & Employment Digest
    September 22, 2014
  • "Effective Non-Compete Agreements Require Careful Crafting by Employers"
    Bloomberg BNA Daily Labor Report, 182 DLR-I-1
    September 19, 2014
  • "EEOC Fires Shot At Hobby Lobby Ruling"
    Dykema Labor & Employment Blog
    August 28, 2014
  • "Dealing With Employees Who Are Suing Your Company"
    Corporate Counsel
    August 19, 2014
  • "EEOC Issues New Enforcement Guidance On Pregnancy Discrimination And Related Issues, Despite Strong Dissenting Opinions By Two Commissioners"
    Dykema Labor & Employment Blog
    August 7, 2014
  • "Sixth Circuit Deals Fatal Blow to RICO Claims Based on Alleged Conspiracies To Deny Workers' Compensation Benefits, (a/k/a "Loss Or Diminution Of Worker's Compensation Benefits Does Not Spell RICO")"
    Dykema Labor & Employment Law Blog
    August 4, 2014
  • "Unpacking the EEOC’s increased scrutiny of severance agreements"
    InsideCounsel
    June 12, 2014
  • "Federal Government Continues Targeting Hiring Practices of U.S. Employers"
    Metropolitan Corporate Counsel
    June 2014
  • “To Conciliate or Not to Conciliate? The Company’s Defense to Early EEOC Suits”
    InsideCounsel
    May 29, 2014
  • “Is the EEOC’s Focus on Background Check Policies on Shaky Ground?”
    InsideCounsel
    May 14, 2014
  • “SCOTUS Extends Sarbanes-Oxley's Whistleblower Protection to Employees at Private Companies”
    InsideCounsel
    May 1, 2014
  • “The EEOC Offers Guidance on Religious Garb and Grooming in the Workplace”
    InsideCounsel
    April 17, 2014
  • “Can Disparaging Posts Prompt Employee Discipline?”
    Chicago Daily Law Bulletin
    March 26, 2014
  • "Zero Tolerance"
    Convene Magazine
    December 2013
  • “The ‘n’-Word: (N)Ever Contextually Appropriate, In The Workplace?”
    Dykema Labor & Employment Blog
    October 28, 2013
  • "Braced For Federal Government Shutdown: Agency Contingency Plans"
    Dykema Labor & Employment Blog
    October 2, 2013
  • "Conference Session Recap: Mass Torts Settlement" for "Jeopardy! Mass Torts Settlement Style" Panel, ABA, Section of Litigation, Alternative Dispute Resolution e-newsletter
    Vol. 17, No. 4 (Summer, 2013 edition)
  • "Michigan Supreme Court Disavows and Clarifies Whistleblower Motivation," Dykema Labor & Employment Blog
    June 20, 2013
  • "New FMLA Regulations Require Employer Attention"
    Dykema Labor & Employment Blog
    March 26, 2013
  • "EEOC Decision Regarding Transgender Employees May Mark A Turning Point"
    Dykema Labor & Employment Blog
    July 20, 2012
  • “Changing Times: How Employers Can Address New NLRB Rules that Increase the Chance of Unionization”
    Smart Business Detroit
    June 2012
  • "Employee Seating Requirements In California"
    ACC Lexology Website
    January 10, 2012
  • "Wage and Hour Issues in Home Health—The Impact of Proposed Changes in the Companionship Exemption"
    LTC-SIR Advisor, American Health Lawyers Association
    December 2011
  • "California Transparency in Supply Chains Act"
    ACC Lexology Website
    December 19, 2011
  • "Holiday Pay and Year-End Gifts/Bonuses—Frequently Asked Questions"
    November 2011
  • "New California Employment Laws"
    ACC Lexology Website
    October 19, 2011
  • "Leasing Employees—Be Aware of Joint Employer Obligations"
    October 2011
  • "Workforce Reductions—Avoiding Legal Pitfalls"
    September 2011
  • "Genetic Information Nondiscrimination Act—What Employers Need To Know"
    August 2011
  • "Caregiver Discrimination—Employer Best Practices"
    July 2011
  • "Feds Continue Audits of Immigration Violations: Owners, Managers Face Fines, Asset Seizure and Prison"
    June 2011
  • "The Importance of Job Descriptions"
    April 2011
  • "Strategies to Address Workplace Violence"
    March 2011
  • "Employee Terminations—Best Practices"
    February 2011
  • "Employment Law —What’s in Store for 2011"
    January 2011
  • "State and Federal Regulations Impacting California Employers in 2011"
    ACC Lexology Website
    January 12, 2011

Speaking Engagements

  • The Best Defense to Employment Law Claims: Good Investigations
    November 3, 2017
  • Prohibited Workplace Harassment and Current Employment Law Trends
    September 12 & 13, 2017
  • What You Don’t Know About Anti-Harassment That You Better Learn
    August 11, 2017
  • A Pound of Prevention
    June 7, 2017
  • Cyber Theft (and Regular Theft) of Employee and Company Data
    May 5, 2017
  • FLSA Update, Institute of Continuing Legal Education 42nd Annual Labor & Employment Law Institute, Northville, Michigan
    April 20, 2017
  • Perceived Disability and Fitness for Duty, Institute of Continuing Legal Education 42nd Annual Labor & Employment Law Institute, Northville, Michigan
    April 20, 2017
  • Employment Law Under the Trump Administration – Possibilities and Expectations
    April 19, 2017
  • Policy and Enforcement Changes Under the New Presidential Administration, Laredo Association for Human Resources Management
    April 12, 2017
  • Employment Law in California in the Era of Trump – What Will the Administration Do and Will it Matter for the Golden State?
    March 23, 2017
  • FLSA Hot Topics, ABA’s Federal Labor Standards Legislation Committee Midwinter Meeting
    February 23, 2017 and June 1, 2017 webinar
  • Employment Law Under the Trump Administration - What Does the Future Hold and Should We "Tweet" About It?
    February 3, 2017
  • The New DOL Overtime Exemption Regulations Are in Flux - Now What?, American Conference Institute’s 29th National Forum on Wage & Hour Claims and Class Actions, Miami, Florida
    January 26, 2017
  • The New DOL Overtime and White Collar Exemption Regulations: They’re Here, Now What?, American Conference Institute’s 29th National Forum on Wage & Hour Claims and Class Actions, Miami, Florida
    January 26, 2017
  • Radical Changes to the Legal Landscape are Causing HR Officials Angst, seminar, Greater Ann Arbor SHRM, Ann Arbor, Michigan
    November 15, 2016
  • Are You Ready for the New Overtime Regulations?
    October 13, 2016
  • New Rules: Overtime Exemptions and the New Salary Level, Washtenaw County Bar Assn., Ann Arbor/Ypsilanti Chamber of Commerce, and Ann Arbor SPARK
    October 10, 2016
  • New Rules, New Problems – What to Anticipate Under the FLSA’s New Regulations…and More, ASE’s 5th Annual Employment Law Workshop
    September 21, 2016
  • Harassment, Retaliation and the Pending November Elections
    September 15, 2016
  • An Employment Triple Threat: New OSHA Regulations, New Wage Hour Regulations, and Use of Independent Contractors, South Texas Manufacturers Association
    August 23, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—Detroit
    June 16, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—Troy
    June 13, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—San Antonio
    June 10, 2016
  • Will Your California Business Be Able to Survive the New Department of Labor Overtime Rules?
    June 9, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—Chicago
    June 9, 2016
  • Navigating the DOL’s Overtime Exemption Regulations—Dallas
    June 8, 2016
  • Avoiding Overtime Pay Liability: The Latest Enforcement and Regulatory News for the DOL and Common Compliance Landmines Every Employer Should Avoid, Michigan HR Day Conference, Lansing, Michigan
    April 13, 2016
  • Are you planning for the new overtime exemption rules? You should be.
    March 31, 2016
  • Labor and Employment Workshop
    February 5, 2016
  • Attendance, Leaves of Absence and Reasonable Accommodations, Dykema Cox Smith Employer Rights Workshop
    November 6, 2015
  • Women's Issues in the Workplace, Moderator, Pasadena, California
    September 2015
  • Texas Anti-SLAPP Law, Speaker, TADC 2015 Annual Meeting, New York, New York
    September 16 - 20, 2015
  • Texas Anti-SLAPP Law, Speaker and Course Director, State Bar of Texas Business Disputes Course, Dallas, Texas
    September 10-11, 2015
  • Terminations: Best Practices, Worst Mistakes, Creative Resolutions, Moderator, Pasadena Bar Association, Labor & Law Section
    August 2015
  • Workplace Investigations, Dykema Cox Smith Workshop, San Antonio, Texas
    August 7, 2015
  • Affordable Care Act Employer Reporting: Tools for Navigating IRS Forms 1094 and 1095, Dykema Cox Smith Continuing Legal Education, ACA Employer Reporting Requirements, San Antonio, Texas
    August 19 and 20, 2015
  • Avoiding Employee Lawsuits, California Fashion Association
    July 15, 2015
  • Hot Tips from Cool Mediators: Strategies, Solutions, Trends, and How Not to Blow It, Pasadena Bar Association, Labor & Employment Law Section
    June 2015
  • Shared Responsibility: Women and Men for Gender Equality, POWER: Opening Doors for Women Conference, Chicago, Illinois
    June 11, 2015
  • Common Mistakes Employers are Making in the Workplace Today, Dykema Cox Smith Employment and Employer Rights Workshop
    May 8, 2015
  • Building a Book of Business - A Step-by-Step Pitch Simulation, Corporate Counsel Women of Color One-Day Law Firm Associates Career Strategies Conference, New York, New York
    April 2015
  • Wage/Hour: Developing and Emerging Trends: PAGA, Class Actions, Settlement and Legislative Moderator, Pasadena Bar Association, Labor & Employment Law Section
    April 2015
  • California's New Paid Sick Leave Law Not an Easy Pill to Swallow, California Fashion Association
    February 2015
  • Microinequities and Potential Crash and Burn: Are You at Risk?, 2015 International Association of Defense Counsel (IADC) Midyear Meeting
    February 17, 2015
  • The Impact of Misclassification of Workers, 2015 International Association of Defense Counsel (IADC) Midyear Meeting
    February 16, 2015
  • Small Business Legal Academy, Wayne State University, Faculty Member, Human Resources
    February 14, 2015
  • EEOC Charge Conciliation: Navigating On-Site Investigations, EEOC Conferences, Settlement Negotiations, Strafford Webinar
    December 15, 2014
  • Building a Successful Employment Law Practice, Moderator-Panelist, Pasadena Bar Association, Labor & Employment Law Section
    November 2014
  • When an Employee Sues the Boss: Managing the Legal Risks of Retaliation Claims and Other Workplace Headaches, Commercial Law WebAdvisor Webinar
    October 30, 2014
  • The Art of the Ask, Panelist, 5th Annual POWER Detroit Conference, Detroit, Michigan
    October 23, 2014
  • Fun with ERISA Litigation: On ERISA’s 40th Birthday, Four Top Cases from 2014, and Four Lessons for Plan Sponsors, Dykema Labor & Employment Seminar
    October 2014
  • Navigating the Turbulent Waters of Workplace Compliance and Litigation
    October 16, 2014
  • Changes in Life Circumstances: Pregnancy, Caregiving Responsibilities and Aging Workforces, Dykema Employment Seminar
    October 16, 2014
  • Issues Involving Social Media in Employment Law Disputes, 2014 Hispanic National Bar Association Convention
    2014
  • Employment Eligibility Verification and Enforcement Update, Original Equipment Suppliers Association
    October 2013
  • EEOC's Strategic Enforcement Plan and Guidance on the Consideration of Arrest and Conviction Records, HR Group
    September 18, 2013
  • Some Avoidable Legal Hazards & Snares, Management Team
    August 8, 2013
  • Dykema Employment Litigation Insights, Michigan State Management Education Center
    June 4, 2013
  • Disaster Averted, Mass Tort Resolved—Settling Mass Tort Disaster Cases, ABA, Section of Litigation, ADR Committee CLE, Moderator
    April 26, 2013
  • HR 101 - The Nuts and Bolts Every HR Professional Must Know, Cox Smith Employment and Employer Rights Workshop, El Paso, Texas
    March 28, 2013
  • Right to Work–What Will It Mean to You, the Employer?, Michigan State Management Education Center
    January 8, 2013
  • Wage and Hour Enforcement—Behind the Curtain, Dykema Labor & Employment Seminar
    November 2012
  • Employee Retaliation Claims: Growing Litigation Threat, Strafford Publications Webinar
    August 21, 2012
  • Meet the Rainmakers: Business Development Tips for Solos & Aspiring Partners, The State Bar of Michigan Young Lawyers Section, 5th Annual Summit
    June 16, 2012
  • National Labor Relations Act Update
    April 19, 2012
  • Roadmap to Avoid Employment Related Lawsuits, Cox Smith Employment and Employer Rights Workshop
    March 1, 2012
  • Know the Enemy and Know Yourself –Five New Tactics in FLSA Disputes and Five Ways to Prepare, Dykema Labor & Employment Seminar
    November 2011
  • Exploring Legal Issues Affecting Employers and Offering Proven Solutions, Dykema Employment Seminar
    November 15, 2011
  • Supreme Court Update on Workplace Retaliation and Effective Retaliation Litigation Strategies for Employers, Dallas Bar Association Labor and Employment Section, Dallas, Texas
    July 18, 2011
  • ADA Amendments/GINA/Privacy - What you Need to Know and What You Should Know, Cox Smith Employment and Employer Rights Workshop
    May 6, 2011
  • A Ways to Go, Celebrating and Realizing the Dream of Freedom for All Americans, Youth Advocacy Coalition, Harmony Point CTC
    January 17, 2011
  • EEO in the Crossfire, Puerto Rico Association of Labor Relations Practitioners, San Juan Puerto Rico
    November 11, 2010
  • 2010 Employment Seminar
    November 10, 2010
  • Platinum in the Legal Profession: A Conference Highlighting African American Leadership in the Law, Panelist, The State Bar of Michigan Young Lawyers Section and the Platinum in the Legal Profession Committee
    October 22, 2010
  • Rainmaking in a Slow Economy & Despite the Crash, Burn & Microinequities, Thomas M. Cooley Law School
    July 1, 2010
  • College and Career Planning, Each One Teach One, presentation to middle and high school students regarding success mentality, collection selection, and resume
    May 22, 2010
  • Make It Rain in a Slow Economy & Despite the Crash, Burn & Microinequities, Women Lawyers Association of Michigan, Washtenaw Region
    January 29, 2010
  • From Visible Invisibility to Visibly Successful: Success Strategies for Law Firms and Women of Color in Law Firms, Women Lawyers Association of Michigan and Vanzetti Hamilton Bar Association "Bias Awareness Week" luncheon
    October 19, 2009
  • Rainmaking in a Slow Economy & Despite the Crash, Burn & Microinequities, Thomas M. Cooley Law School
    October 7, 2009
  • Top 10 Mistakes Employers Make Under the FMLA, North Texas Society for Human Resources Management, Denton, Texas
    October 28, 2008
  • Some Avoidable Litigation Perils & Pifalls, Management Team
    July 16, 2008
  • Spoilation, Hot Topics in Evidence, Michigan ICLE
    May 29, 2008
  • Your Legal Career, Career Day, West Hills Middle School
    April 24, 2008
  • Reductions in Force: Strategies to Minimize Litigation Risks in Downsizing, Dallas Bar Association North Dallas Clinic, Dallas, Texas
    March 14, 2008
  • Workplace Investigations, ABA Section of Labor and Employment Law Annual CLE Conference, Philadelphia, Pennsylvania
    October 8, 2007
  • Ethical Issues in the Representation of Multiple Parties, 24th Annual Georgetown University Law Center's Employment Law and Litigation Institute, Washington, D.C.
    April 6, 2006
  • Conducting Effective Investigations: A Practical Guide, 23rd Annual Georgetown University Law Center's Employment Law and Litigation Institute, Washington, D.C.
    April 22, 2005