Employment

Our approach

BLM&H’s employment law practice group represents employers and individuals in a broad range of employment matters. We have advised large national and international corporations with thousands of employees as well as smaller employers in connection with their hiring and employment practices, compliance with major federal employment laws, including the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act and Title VII of the Civil Rights Act, as well as state employment laws. We have guided employers in conducting internal workplace conduct and whistleblower investigations as well as in responding to EEOC and other governmental investigations. Our lawyers regularly counsel employers on workplace practices, employee agreements, policies and handbooks, and audits for compliance. We have deep experience in developing and implementing executive and employee incentive compensation plans, including incentive stock option plans, non-qualified stock option plans and phantom equity plans. When disputes arise, we represent employers and individuals, vigorously asserting and defending our clients’ interests. We have regularly litigated and defended claims, including whistleblower, wrongful termination, restrictive covenant breaches, unfair competition and employment discrimination claims.

When our company faced the need to furlough almost all of its retail store and warehouse workforce at the outset of the COVID pandemic, BLM&H quickly mobilized, helping us craft and implement within days a plan to care for our workforce, communicate clearly with our employees and state and local government, and comply with regulatory requirements. BLM&H helped us protect the long-term viability of our company and our team of employees during an unprecedented crisis.

CEO of Major Alabama-based Retailer, and Software- and Managed-Services Companies

Highlights

  • BLM&H advised an Atlanta-based consumer diabetic care products distributor in the development and implementation of an employee incentive compensation/phantom equity plan that involved ongoing profit sharing and corporate sale proceeds sharing components.
  • BLM&H represented a Georgia-based industrial computer components manufacturer in connection with workforce regulatory compliance, including under the Family and Medical Leave Act and the Americans with Disabilities Act, and advised the company with respect to paid sick leave and expanded family and medical leave under the Families First Coronavirus Relief Act.
  • BLM&H successfully represented a female executive who had been the subject of both age and gender discrimination by her multinational employer.  After the firm filed a charge of discrimination with the Equal Employment Opportunity Commission, we were able to negotiate a favorable settlement which resulted in the client receiving a significantly more valuable  severance package than originally offered by the employer.
  • BLM&H defended a company accused of race and gender discrimination by a female employee and with the client’s assistance, the firm was able to prevent a lawsuit from being filed without the client making any settlement payments.  Instead, by use of clear, wise and proper counsel, the firm assisted the client in rebutting the allegations made by the employee.
  • BLM&H led the redocumentation and enhancement of company-wide employment agreements and restrictive covenant agreements for an Atlanta-based family of software and services companies that provide baggage and lost item tracing on a Software-as-a-Service (SaaS) platform and lost item management services for airlines and other travel and hospitality services companies.
  • As outside general counsel, BLM&H oversaw an audit of state and federal overtime pay rule compliance for an Atlanta-based retail and convenience store construction services company with employees throughout the United States.

ADA and FMLA Compliance
Benefit Plans
Employee Policies and Handbooks
Employment Agreements
Employment Litigation
Executive Compensation Arrangements
Hiring and Employment Practices Audits
Incentive Compensation Plans
Non-Competition and Other Restrictive Covenants
Reductions in Force
Severance Arrangements
Stock Option Plans
Wage and Hour Compliance
WARN Act Compliance