Labor & Employment

Bailey Glasser’s labor and employment attorneys represent and provide proactive counsel to both employees and employers across the nation on an array of employment-related legal issues. To best advise the firm’s clients on how to navigate the myriad of federal and state statutes, administrative rules, and court rulings across the country that shape today’s ever-changing employment landscape, our attorneys diligently monitor and stay up to date on the latest trends and challenges facing both individuals and businesses in the workplace.  The ability of individuals and entities to not only operate, but thrive, in the marketplace is of paramount concern to our labor and employment team. Our attorneys are dedicated to ensuring that your goals are not only met but exceeded.

The broad range of experience of our labor and employment team, which consists of attorneys who specialize both in representing plaintiffs and defendants, allows us to maintain a balanced perspective and understanding of objectives and concerns of both sides in employment-related disputes. We offer counseling and compliance support to help our clients to proactively avoid problems before they arise – and if litigation or administrative action is necessary, either as plaintiff or defendant, Bailey Glasser’s exceptional litigation team is ready to step in to help.  Our labor and employment lawyers are also often called upon to provide on-site training to employees and managers regarding all aspects of the employment relationship, and we offer complimentary Executive Briefings that keep you apprised of issues impacting your company.

Employee Benefits: Bailey Glasser works proactively to assist our clients in complying with  changes in employee benefits laws. We work with companies of all sizes,  from start-ups to international corporations, handling a diversity of matters, including the following:

• Arbitration Clauses and Agreements
• Nondiscrimination Rules
• Disability and Family Leave
• Retirement
• Healthcare

Policies, Procedures, and Handbooks: We know a linchpin of any successful organization is ensuring clarity in communications; therefore, our team creates appropriate and user-friendly written materials that ensure effective communications with employees on all levels and comply with applicable law.

Employment Litigation:  Bailey Glasser’s litigation prowess is nationally known on both defense and plaintiff sides.  We understand our clients’ priorities – whether we want to handle matters privately, and if that fails, if litigation is warranted. We handle claims in courts across the nation at all levels and before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), state civil rights divisions, and other federal and state agencies.  We also assist individuals who need to protect their rights, reputations, income, and employment. 

Labor:  Bailey Glasser represents clients in labor arbitration hearings and negotiates collective bargaining agreements with various labor unions, including the Teamsters, United Steelworkers, and machinist and craft unions in the building trades. We routinely advise our clients about dealing with employee problems and issues in an ever-changing workplace environment, and draft employee handbooks and policies.

Employee Benefits:  Bailey Glasser handles class actions and high stakes individual actions involving employee pension benefits, including employee stock ownership plans (ESOPs), 401(k) plans and other defined contribution or individual account plans, traditional defined benefit pension plans, and trust litigation involving family and other private trusts. We litigate these actions throughout the United States under the federal employee benefits law known as the Employee Retirement Income Security Act (ERISA), as well as under state trust law. Our clients include employees, former employees, retirees, and trust beneficiaries, as well as businesses and other professionals victimized by fraud, investment mismanagement, hidden and undisclosed fees, and illegal benefit cutbacks. We have recovered hundreds of millions of dollars for our clients in litigation claiming breaches of fiduciary duty, prohibited transactions, and other violations of the law. Our fiduciary duty practice also includes claims in the growing area of ERISA welfare benefit plan litigation, such as claims challenging systematic denials of treatments under medical plans and policies that violate ERISA. Bailey Glasser’s wide-ranging experience also includes defending employers, trusts, and individuals in several landmark ERISA cases.

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Experience

Defense:

• Obtained entry of summary judgment in favor of Walt Disney Parks and Resorts U.S., Inc. in ADEA age discrimination failure-to-hire action brought by unsuccessful job applicant in the U.S. District Court for the Southern District of Florida. (Mirand v. Walt Disney Parks and Resorts U.S., Inc.)
• Defended large national restaurant chain in federal FLSA and Florida Minimum Wage Act tip pool class action brought by a proposed class of servers and bartenders, successfully defeated the named plaintiff’s motion for class and collective action certification and obtained dismissal of all other proposed class members as a result. (Balassiano v. Fogo de Chao Churrascaria LLC)
• Obtained $7.9M settlement in favor of large pharmaceutical company in contentious federal litigation brought against competitor company alleging misappropriation and theft of trade secrets through their poaching of a former employee. (Nephron Pharmaceuticals Corp. v. Hulsey et al.)
• Represented Walt Disney Parks and Resorts U.S., Inc. as outside employment litigation counsel in defense of several claims brought by its current and former employees alleging employment discrimination and other employment related disputes in both state and federal courts. 
• Represented publicly traded cloud-based communications software company in defense against alleged breach of contract claims brought by former employee
• Represented a multinational aerospace and defense technology company in defense against claims of alleged unpaid overtime wages
• Defended employer against two FLSA collective actions brought by proposed classes of insurance adjuster employees alleging independent contractor misclassification and unpaid overtime claims
• Represented one of Florida’s leading electrical contracting companies in defense against claims of alleged age and disability discrimination brought by former employee
• Represented large national hotel chain in its defense against several Charges of Discrimination brought by former employees with the EEOC
• Obtained summary judgment on behalf of a West Virginia hospital in a race discrimination lawsuit
• Obtained summary judgment on behalf of a West Virginia casino in a disability discrimination/failure to accommodate lawsuit
• Drafted employee handbooks and employment policies, and advised employers on handbook-related issues and best practices

Plaintiff:

• Obtained a near-seven-figure settlement on behalf of an employee who was sexually harassed by her supervisor
• Obtained favorable settlements for employees who were discriminated against by their employer because of their race and gender
• Negotiated a favorable severance package and release from noncompete for a West Virginia physician
• Obtained six-figure settlements on behalf of two former students who were sexually assaulted by a high school teacher
• Obtained a six-figure settlement on behalf of a former student who was sexually assaulted by a high school administrator
• Represented a currency trader in California in a wrongful termination and retaliation case against an international bank
• Represented a minority fire fighter in California in employment discrimination and retaliation claims against a public entity
• Represented a young California woman in the film industry who alleged sexual harassment against a production company

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