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A company's reputation depends in large measure on the satisfaction and commitment of its employees. Our Employment Counseling & Litigation Practice Group helps businesses identify and manage their compliance and employment risks. We serve as legal partners and advisors to companies ranging from startups to global brands, including Fortune 500 companies, privately held corporations, life sciences and pharmaceutical companies, and private equity firms.
The group is known for our substantive knowledge and in-depth understanding of the business interests, market opportunities, and operational considerations that go into client employment decisions. By counseling on preventive strategies–such as reasonable accommodation, proper documentation, and progressive discipline–and providing training programs that reinforce company policies, we position our clients to avoid litigation. By helping our clients address their most sensitive employment challenges, we effectively enhance and maintain their hard-earned reputations and protect their brands.
When disputes are unavoidable, we aggressively defend clients against employee claims of discrimination, harassment, retaliation, wrongful discharge, and other workplace claims related to wage and hour, family and medical leave, and employee privacy violations, as well as employee benefits. We have an outstanding success record in representing clients against employees and competitors in matters involving restrictive covenant breaches, misuse of confidential information and trade secrets, employee dishonesty and disloyalty, and contract disputes.
Chambers USA has consistently recognized our "distinguished" employment practice and team of "solid, intelligent, and responsive" practitioners for successfully handling a "broad range of contentious matters including discrimination and wage and hour disputes, and employee discipline and termination matters."
Regularly counsel on and resolve difficult employment disputes for clients in matters alleging workplace harassment, discrimination, and wrongful termination.
Regularly counsels New York-based startups and other corporate clients on employment law compliance.
Represented a pharmaceutical company in a major reorganization that involved two plant closures and nine reductions in force. Provided advice and prepared documentation relating to plant closures, federal and state WARN Act issues, reduction-in-force issues, severance payments, benefits continuation, releases of claims, and compliance with wage and hour laws in 50 states. Worked closely with the client's legal, human resources, and payroll departments and its outside insurance and outplacement service providers to ensure the orderly handling of more than 600 employee separations and/or relocations.
Conducted a sensitive internal investigation of discrimination allegations made against a high-level human resources executive at a Fortune 200 company. Conducted the investigation at the request of the general counsel and reported findings directly to the client's chief executive officer.
Advised a leveraged buyout firm on the employment and employee benefits aspects of the $2.4 billion carve-out of the world's largest producer of hard capsules and an innovator in drug delivery systems. Provided legal counsel on employment law issues, negotiated employee contracts, advised on and drafted benefits programs, and assisted with setting up payroll in more than a dozen countries.
Achieved summary judgment in favor of an internationally recognized cosmetics company in connection with a former employee's claims of disability discrimination.
Obtained a directed verdict at the close of the plaintiff's evidence at a jury trial on behalf of a small pharmaceutical company involving allegations of reverse race discrimination and a hostile work environment.
Successfully defended a client and its portfolio company in an AAA arbitration against claims by the company's former CEO that the board of the portfolio company did not have "cause" to terminate his employment, as defined by his employment agreement, and that he was therefore entitled to certain compensation and benefits amounting to several million dollars upon termination.
Defended a client against a putative wage and hour class action/collective action arising out of work supposedly performed by the named plaintiff and nearly 100 other putative class members at an annual weeklong rock and roll music festival.
Represented a biotechnology company and four individual defendants in connection with claims of discrimination, harassment, failure to accommodate, and retaliation under the New Jersey Law Against Discrimination and the workers' compensation statute, as well as claims of intentional and negligent infliction of emotional distress.
Represented a biotechnology company and two individual defendants in defense of claims of a hostile work environment and discrimination on the basis of gender, sexual orientation, race, and skin color; quid pro quo sexual harassment; and retaliation.
Represented a company that manufactures, sells, and rents equipment for construction projects against allegations by five current and former unionized employees that they are or were subjected to a hostile work environment and discrimination on the basis of their respective national origins.
Represent a private investment firm against claims of a hostile work environment and discrimination on the basis of pregnancy.
Defended a private investment firm against claims of harassment and discrimination on the basis of race.
Successfully defended ADP against claims of race and sex discrimination in Essex County, New Jersey, in which damages in excess of $10 million were sought in a three-week jury trial.
Drafted position statements on behalf of a metropolitan New York technical college in cases before the Equal Employment Opportunity Commission and New York State Division of Human Rights alleging discrimination and retaliation under Title VII and the New York State Human Rights Law.
Successfully defended a New York City sightseeing tour bus company against employee's claims of discrimination in the U.S. Court of Appeals for the Second Circuit.
Obtained a defense jury verdict for a prominent real estate investment trust in a disability discrimination and retaliation trial.
Represented the New Jersey Defense Association as amicus in the case of Maw v. Advanced Clinical, in which the New Jersey Supreme Court agreed that terminating an employee who refuses to sign a noncompete agreement does not constitute a violation of the New Jersey Conscientious Employee Protection Act, reversing the New Jersey Appellate Division's decision and creating new law in this area.
In Human Resource Executive, Julie Levinson Werner predicts pushback to the Federal Trade Commission’s (FTC) proposal to ban noncompetes, noting that for over a century this issue has been a matter of state law. “HR professionals and employers need to keep an eye on what’s going on, but legal action is virtually guaranteed,” she says.
Werner compares the situation to OSHA’s COVID vaccine mandate, which was overturned by the U.S. Supreme Court, “If OSHA, in the middle of a pandemic, doesn’t have the legal authority to impose a rule to protect public health, you have to question the degree to which the FTC would have the legal authority to say that noncompetes should be banned,” she says.
Werner also speaks to BioWorld about how the proposed rule may affect the pharmaceutical and life sciences industries. “With noncompetes off the table, biopharma and med-tech R&D could be at stake, because there would be nothing stopping a scientist from leaving the company and recreating something comparable while that information is still fresh.” She adds: “The inability to use a noncompete agreement for certain employees could impact proprietary sales strategies and business plans. It also could limit a biopharma or med-tech company’s ability to raise capital and affect future transactions…it could [also] dampen investment.”
Julie Levinson Werner speaks to The Wall Street Journal about the FTC’s proposed ban of non-compete clauses in employment contracts. Werner notes that this change will require employers to get more creative about retaining talent; she asks: “Do you get better results with honey or vinegar? If you want to motivate people and have them happy to stay, you have to look at compensation, the overall environment, how you treat them.” (subscription required to access article)
In Law.com, Julie Levinson Werner addresses the workplace-related issues arising from the spread of the infectious monkeypox disease, noting that clients should familiarize themselves with the situation so that “they’re familiar and understanding of what they need to do to address the situation” if an employee becomes infected. Because a high percentage of people who become infected are gay or bisexual men, Werner has concerns about possible bias. “It could result in discrimination if people are making assumptions that may not be supported. You always have to worry about people making stereotypes or assumptions,” Werner says.
Julie Levinson Werner talks to HR Magazine about how employers handle return to the workplace requirements in light of the recent surge in Omicron, noting that "Most employers have done a remarkable job in adjusting their expectations about where and how work gets done.” Werner adds that requiring booster shots “seems to be a trend and likely where we are headed for an employee to be deemed fully vaccinated.”
In HR Magazine, Julie Levinson Werner discusses the recent hearing before the U.S. Supreme Court on whether the Occupational Safety and Health Administration (OSHA) may require employers with 100+ employees to impose certain COVID-related precautions, and whether the Centers for Medicare & Medicaid Services (CMS) exceeded its authority by requiring vaccinations for health care workers. Werner says, “Companies have given a lot of thought to what they can do to make responsible decisions that work for their employee populations, and they should continue to do so… Regardless of how the Supreme Court rules, employers should evaluate their current pandemic-related safety rules and decide whether they are working or need to be adjusted.”
In Law360 Employment Authority, Julie Levinson Werner talks about the new law going into effect in January 2023 that requires New York City businesses to perform a bias audit before they implement automated hiring tools. Werner advises organizations as well as recruiters and staffing agencies to "get a handle on what tools [they] are using as part of their recruiting practice to even see whether the law is implicated. That includes having a talk with any product vendors to make sure those vendors know about the law and what they are doing in response to the new rules.” She notes that the definition of an "independent audit,” plus the question of who is responsible for performing one, is still an open question. “The law currently gives the impression that the employer has this responsibility [and] that doesn't seem practical to me,” Werner says, adding that it would be helpful if the city clarified whether the employer or the vendor or manufacturer of the automated tools holds ultimate responsibility for the audit.
In Law.com, Julie Levinson Werner, partner in the firm’s Employment Counseling & Litigation group, discusses how curbing employment noncompete agreements affects worker mobility and economic growth. Werner says, “If you look at New York City, if you look at Austin, Texas, if you look at Miami, there’s a vibrant startup community in all three of these locations, and they all have clearly established laws protecting the enforcement of noncompetes in the appropriate circumstances. And it has not hindered development in those areas.”
Julie Levinson Werner is interviewed on BBC World News about how remote and hybrid work models are impacting employers in the United States. Werner explains that in the U.S., employers do have the right to require their employees to return to work post-pandemic. She also notes that, in situations where employees may be working remotely from different states with different laws, “companies will need to be mindful about things like non-competes, parental leave, and paid sick leave.”
Julie Levinson Werner addresses the legal challenges of a hybrid workplace in an interview with BRINK. She covers such issues as mandatory vaccines, reasonable accommodation for employees with disabilities working from home, and an upcoming U.S. Supreme Court case regarding employment taxes in Massachusetts and New Hampshire. Generally, she observes that remote work is “opening up companies to a lot more talent than perhaps they realized.”
Julie Levinson Werner comments in The Washington Post on recruiting and hiring practices at tech companies that allegedly involve guessing the race and gender of applicants as a way of avoiding civil rights violations while meeting diversity goals. She notes that “because both state and federal law prohibit making hiring decisions because of a protected characteristic, companies avoid asking to try to mitigate their risk of a lawsuit.”
Julie Levinson Werner’s article, “Workplace Diversity—Getting It Right With Goals, Not Quotas,” is referenced in Bloomberg Tax’s Weekend Insights. The article includes her observation that “adopting quotas of a fixed percentage of individuals in certain roles by a certain date based upon race, gender, or other characteristics is legally risky,” and it outlines helpful steps for employers to improve their diversity, equity, and inclusion efforts while preventing discrimination.
Mary M. Collins, President and CEO of the Media Financial Management Association, discusses the article, “Redesigning the Workplace,” by Amy Komoroski Wiwi and Lauren M. Hollender (published in May/June 2020 issue of The Financial Manager), in her column for TVNewsCheck. Collins reiterates the authors’ counsel on employment issues arising from working from home during the pandemic, including the classification of independent contractors and possible audits, remote privacy concerns and training, and Federal Fair Labor Standards Act (FLSA) requirements. She also discusses their points about joint-employer liability, which can vary by jurisdiction, for companies using staff through agencies.
In Inc., Julie Levinson Werner discusses how businesses should plan to reopen and stay open post-COVID-19. She recommends training staff on new cleaning and health protocols such as temperature-taking, in addition to rethinking where workers sit in relation to each other. She warns, “Companies that don't outline these new protocols clearly could face official complaints and reputational damage.”
Julie Levinson Werner is quoted in New Jersey Business discussing best practices to prevent workplace violence. Werner advises that companies take preventive measures to ensure they are not being negligent. Werner states, “Be proactive. … If you don’t do a background check, you don’t necessarily know who you’re hiring.” She further notes that “we have a duty to have a safe workplace. Background checks are a good thing.”
Lowenstein’s representation of NexPhase Capital in its investment in Popcornopolis was reported in Business Wire, the Valdosta Daily Times, Bloomberg Law – Big Law Business, The Tullahoma Tennessee News, Mergers & Acquisitions, and the Global Legal Chronicle. The Lowenstein team included Christopher C. Henry, Michael Walutes, Matt Savare, Vanessa A. Ignacio, Julie Levinson Werner, James C. Shehan, Eric Jesse, Sabrina Cua, Bryan Sterba, Megan Monson, and Lauren M. Troeller. View Lowenstein's news announcement about this transaction.
Julie Levinson Werner comments in a WHYY article discussing a case pending before the New Jersey Supreme Court that addresses whether an employee with cancer may bring a disability discrimination claim against his employer for terminating him after he tested positive for medical marijuana. Earlier this year, a New Jersey appeals court found that the employee set forth a claim against the company for disability discrimination. In commenting about medical marijuana use by employees, Werner states, “If they’re impaired during the day while they’re working, certainly that’s of concern. [But] I think really companies are focused on whether or not employees can do their jobs.”
Lowenstein’s 2019 promotion of seven lawyers to partner and six to counsel (including three women in each category) is noted in Bloomberg Law – Big Law Business. These promotions are also highlighted in LawFuel, The Deal, and the Commerce and Industry Association of New Jersey’s (CIANJ) Business Beat newsletter, with Lesley P. Adamo, Dmitry Andreev, Marc S. Kurzweil, James B. O’Grady, Eileen Overbaugh, Peter Slocum, and Julie Levinson Werner highlighted as newly elected partners and Brandon Fierro, Joseph G. Jones, Robert Lynn, Brianne Perlman, Nedda N. Salehi, and Leah Satlin listed as promoted to counsel. Gary M. Wingens is quoted regarding the critical role these lawyers will play in the firm’s continued success. Law360 notes our partner elevations in an article highlighting firms' Q1 promotions. (subscription required to access certain content) View Lowenstein’s news announcement about these promotions.
David M. Wissert and Amy Komoroski Wiwi‘s recent article in The Financial Manager, highlighting the steps employers can take to both prevent and address sexual harassment in the workplace as a result of the #MeToo Movement, was featured in TVNewsCheck. These steps include: examining the company culture, ensuring company policies are strong and widely communicated to all employees, providing training, conducting investigations when necessary, acting and communicating quickly, and considering an investment in employment practices liability (EPL) insurance policies to mitigate risk.
TVNewsCheck notes David M. Wissert’s leading a panel discussion with Amy Komoroski Wiwi on the impact of the #MeToo movement and other employee law issues at MFM’s Media Outlook 2019. The panel will provide attendees with the information and tools needed to implement policies and training programs that can lead to a positive culture in which all employees can contribute and thrive. View Lowenstein’s posting about this event.
The Media Financial Management Association’s (MFM) Multichannel News announces David M. Wissert’s leading a panel discussion with Amy Komoroski Wiwi on the impact of the #MeToo movement and other employee law issues at MFM’s Media Outlook 2019. The panel will provide attendees with the information and tools needed to implement policies and training programs that can lead to a positive culture in which all employees can contribute and thrive. View Lowenstein’s posting about this event.
WSJ Pro Venture Capital quotes Julie Levinson Werner on how the National Venture Capital Association’s (NVCA) issuing revised model human resources policies to combat sexual harassment in the VC industry is part of a broader trend across sectors to address and prevent harassment. As a member of the NVCA HR Policy Subcommittee, Werner assisted in drafting and reviewing the model policies. (subscription required to access article)
In Enterprise Magazine, Julie Levinson Werner comments on the legal risks and benefits of employee work-life balance for employers.
In Xconomy, Julie Levinson Werner comments that part of the culture of sexism and misogyny existing in the technology scene may be due to startups' natural growing pains.
