Nilan Johnson Lewis represents employers of all sizes, from small companies to Fortune 500 corporations. We appreciate the importance of understanding not merely the substantive law, but the business needs of our clients. We know there are times when what is the standard legal answer touches on sensitive business relationships or conflicts with business objectives. Our goal is to solve problems, not create them.

We offer the depth necessary to obtain the results our clients expect while providing the appropriate level of expertise to ensure that our clients receive efficient and cost-effective representation.

Litigation and Trial Services

We provide aggressive litigation and trial services. Examples of our expertise in this area include:

• successful numerous jury and court trials in federal and state court involving discrimination claims based on race, gender, religion, national origin, disability, age, pregnancy and sexual orientation
• successful defense of class actions initiated by the Equal Employment Opportunity Commission in four states, including summary judgment victories in class claims initiated by the EEOC
• successful defense against wage and hour lawsuits, including summary judgment on class actions initiated by the United States Department of Labor and class claims by private litigants
• successful defense against claims by the Minnesota Department of Labor and Industry and similar agencies alleging wrongful classification of employees as independent contractors
• successful trial and appellate defense of whistleblower, reprisal and retaliation claims
• successful litigation of common law claims including defamation, breach of contract and implied contract, tortious interference, breach of implied covenant of good faith, and other business torts
• successful prosecution and defense of injunctive relief cases based on restrictive covenants concerning competition, solicitation, trade secrets and confidentiality
• successful appellate representation, including a decision invalidating a United States Department of Labor regulation that restricted employer action under the FMLA
• a multitude of summary judgment decisions involving claims of race, gender, and age discrimination, sexual harassment, and violations of the ADA, FMLA, and Equal Pay Act
• successful representation of employers in various labor and employment arbitrations, including AAA, BMS and JAMS arbitrations.

Counseling and Advice

Our employment attorneys assist clients as advisors and educators in a variety of ways, including:

• development and implementation of nationwide hiring programs for Fortune 500 companies, including drug and alcohol testing, reference checks, and criminal background checks
• evaluation and revision of nationwide pre-employment psychological and personality tests for Fortune 500 companies
• comprehensive arbitration programs and policies and arbitration agreements
• evaluation and revision of compensation programs to comply with the FLSA, Sarbanes-Oxley, and other applicable statutes and regulations
• development and implementation of reductions in force and related severance programs
• drafting and implementation of employee handbooks, reasonable accommodation programs, and
• disciplinary/termination checklists
• harassment and workplace violence prevention, investigation and response training
• drug and alcohol testing training
• military leave and USERRA issues
• facility-wide and company-wide human resources “audits” and risk assessment
• FMLA and disability leave policies and related issues and documents.
• daily counseling and advice on terminations, discipline and myriad other employment related questions and issues
• development and implementation of social media policies, consideration of social media issues and management of social media investigations
• neutral investigations (for employers and for other law firms), including sensitive issues, senior management, public relations, internal communication management, and allegations of whistleblowing/retaliation, discrimination, harassment, violation of company’s code of conduct, theft, etc.
• training on performance management and evaluation

Labor Management Representation

Unlike many law firms who have rejected the labor relations field, we regularly assist employers with:

• structuring labor relations policies and practices, including “double-breasted” corporate structures, as well as successorship, joint employer, and alter ego determinations in the context of corporate formation or acquisition
• defense of unfair labor practice charges
• training in union avoidance techniques
• implementation and application of drug testing policies
• grievance handling advice on attendance, discipline and discharge, overtime and arbitrability issues
• defense of grievance and interest arbitrations
• handling of common situs picketing matters, including reserved gates and area standards, and consumer and organizational picketing
• subcontracting decisions
• interaction of ADA, FMLA, and labor contract provisions
• audits of union organizing activities and related union prevention measures