O’Melveny’s Labor and Employment team helps clients confront the full range of issues they encounter as employers—whether it’s non-compete and negative covenant litigation, wage and hour class actions, discrimination and wrongful discharge claims, or traditional labor and union issues. We work by building effective, collaborative relationships with our clients, grounded in an in-depth understanding of their business and industry, and the risks and opportunities they face on a daily basis.
We are a leading advocate for employers in litigation brought by single plaintiffs, multiple parties, and massive purported class actions. Our clients have succeeded in obtaining dismissals of all or substantial portions of class actions at the early stages of litigation—prevailing on demurrers, motions to dismiss, and summary judgments, as well as defeating motions for class certification. By working closely with our colleagues in other practice areas—including class actions, white-collar defense, restructuring, employee benefits, and intellectual property—we respond quickly and efficiently to large-scale workforce crises, including cases dealing with unlawful competition, trade secret misappropriation, covenants not to compete, and employee raiding.
We also provide clients with ongoing advice in connection with union-avoidance, elections, decertification proceedings, strikes, injunctions, and other traditional labor matters. In addition to day-to-day counseling in these areas, we represent employers in the defense and prosecution of unfair labor practice charges and other issues that arise before and against the National Labor Relations Board.
Businesses across a range of industries also turn to O’Melveny for trusted, tailored advice regarding personnel decisions, employment contracts, personnel policies and procedures, and disciplinary actions and terminations.
- Bankruptcy-related labor work
- Class action and multi-plaintiff litigation
- Collective bargaining
- Discrimination and sexual harassment
- Due diligence for corporate transactions
- Employment counseling
- ERISA litigation
- Executive compensation and employee benefits
- Independent contractors and contingent workforce
- Internal investigations and audits
- Management and supervisory training
- MSHA proceedings
- Non-solicitation, non-compete, and other negative covenant agreements
- OSHA proceedings
- Personnel policies and procedures
- Railway Labor Act (RLA)
- Reductions in force and downsizing (WARN)
- Safety and health
- Trade secrets
- Union avoidance campaigns
- Wage and hour
- Whistleblower litigation
- Workplace privacy