Overview
Our litigious society and ongoing changes in employment and labor law require that employers conduct themselves carefully and prudently when dealing in diverse issues such as employee policies and procedures, independent contractor relationships, remuneration packages and termination liabilities. The cost of poor planning or inattention to the risks of complex employment matters may spell disaster for any successful business. Alternatively, proper and prudent planning can assure that a business is tightly organized, well protected and strong, allowing it to focus on its growth and profitability.

Our Services
Johanson Berenson LLP provides practical, preventive counseling to its clients on virtually all aspects of labor and employment law. The Firm's attorneys have significant and substantial experience acting as advisors, negotiators, advocates and litigators, representing primarily employers in personnel, labor relations, employment discrimination, occupational safety, employee benefits and other employment-related matters.

Detailed legal knowledge is the key to both assured problem avoidance and efficient dispute resolution. We handle all aspects of both non-contentious and contentious matters in labor and employment law. We represent clients from all industries in employment and labor matters, including clients engaged in mortgage lending, banking, manufacturing, high technology, government contracting, food services, entertainment, health care, non-profit organizations, retail sales, contracting, construction, real estate, manufacturing and professional services to name a few.

Some of the more common legal matters we undertake for clients on a regular basis include:

• Designing, implementing and defending employment contracts, installer and sales representative relationships, staff handbooks and personnel policies.
• Providing preventive and litigation counseling as to termination of employment, disciplinary matters, conduct of internal investigations, restrictive covenants (including confidentiality and non-competition agreements), protection of intellectual property (patent, trade mark, service mark, copyright, trade dress, etc...) and customer and client base information.

• Advising in relation to the employment aspects of mergers and acquisitions, outsourcing, early retirement, exit incentive and severance pay programs and agreements.

• Conducting litigation and dispute resolution proceedings in federal and state courts and in all appropriate tribunals at the state and federal level, including representation before the EEOC and the U.S. Department of Labor.

• Prosecuting and defending injunctive proceedings and similar claims involving employees and competitors with respect to unfair competition, trade secret matters, fiduciary duty claims and breaches of restrictive covenants pertaining to non-solicitation, confidential information and non-competition.

• Preventing and defending discrimination / harassment, wrongful dismissal and other contractual claims; minimum wage and "whistleblowing" and qui tam actions.

• We advise employers with respect to compliance with various complex laws and regulations, including the Fair Labor Standards Act and similar state laws. Our attorneys regularly assist employers and retirement and welfare benefit plan sponsors in developing and drafting plans, and in complying with reporting, notice and disclosure requirements under such laws as the Employee Retirement Income Security Act, as amended ("ERISA"), and the Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA").