Labor, Employment Law
& Counseling

Hoguet Newman Regal & Kenney’s management-focused labor, employment law, and counseling practice is unique in that its labor and employment attorneys have private firm, government, and in-house experience in addition to their significant expertise in trial litigation, arbitration, administrative agency, negotiation, and client counseling.

Imaginative and tenacious adversaries, we stand ready to further clients’ interests, whether they are startups or large multinationals, public sector or private, international or domestic. Hoguet Newman Regal & Kenney represents management clients in such employment litigation as discrimination, harassment, retaliation, or illegal pay practices; prosecuting or defending claims arising from restrictive covenants; and other employment-related agreements.

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Best practices guidance to avoid litigation

Hoguet Newman Regal & Kenney’s litigation focus and employment law expertise means we have the knowledge and foresight to guide clients in developing effective business conduct policies and procedures compliant with labor and employment laws to preempt potential employment litigation exposure. Longstanding clients regularly seek our counsel on employment-related issues, including not only separations, hiring, and discipline, but leaves of absence and employee relations matters. Clients also have access to a range of Hoguet Newman Regal & Kenney on-site client training programs, including harassment, discrimination, and workforce audits.

As labor and employment counsel, Hoguet Newman Regal & Kenney is single-minded in its drive to:
  • help manage regulatory compliance issues, downsizing, or adverse employment actions to avoid potential missteps to minimize or eliminate the possibility of future litigation, and
  • achieve positive outcomes for clients in litigations or in settlement negotiations.
Our attorneys regularly draft, review, negotiate, and advise employers on:
  • collective bargaining agreements;
  • employee handbooks; and
  • various employee policies and practices, including social media policies and drug testing rules.
  • separation agreements;
  • employment agreements;
  • commission and bonus pay plans;
  • confidentiality agreements and restrictive covenants;

Advice & Counsel

Hoguet Newman Regal & Kenney guides clients facing a nearly impenetrable and ever-growing maze of competing and conflicting regulations to the best possible outcome. They rely on us to identify and evaluate appropriate strategies and scenarios to ensure they navigate difficult situations successfully. These may be for matters involving disability leave, overtime eligibility, social media use and policies pertaining to in-house email systems and Facebook, managing problematic employees or providing guidance on when and how to take adverse employment action.

We also advise executives and entrepreneurs on matters ranging from organizing partnerships, often with restrictive covenants, to the preparation and review of employment agreements and separation agreements.

All rely on Hoguet Newman Regal & Kenney’s counsel to help:
  • Achieve objectives; and
  • Comply with applicable law and regulations on such varied matters as:
    • the Fair Labor Standards Act (FLSA) and state wage and hour law, the latter of which are expected; and
    • compliance with such anti-discrimination and retaliation laws as:
      • Affirmative action;
      • Terminations of employment and downsizing;
      • Workplace diversity;
      • Employee investigations; and
      • Hiring procedures.
      • Title VII, the Americans with Disabilities Act and reasonable accommodations;
      • Age Discrimination in Employment Act;
      • Federal, state and city human rights laws;
      • Occupational Safety and Health Act;
      • Whistleblowers;
      • Leaves of absence (Family and Medical Leave Act);

Employment Law and Trade Secret Litigation

Hoguet Newman Regal & Kenney’s Employment Law Litigation Practice has a single goal: To deliver outcomes that serve the needs of our clients.

In this, we have a substantial record of success and experience, litigating and trying matters spanning a wide range of employment-related matters at the federal, state and administrative level, including wage and hour, discrimination, harassment, retaliation, breach of contract, and restrictive covenant and trade secret cases. Nimble, creative, and client-centric, Hoguet Newman Regal & Kenney attorneys are uniquely capable of addressing issues and exposures as matters evolve and claims of the various parties develop.

Clients benefit from Hoguet Newman Regal & Kenney’s careful and ongoing cost-benefit analysis of strategies, settlement opportunities, and the creative use of alternative dispute resolution mechanisms. The firm also fields a unique sub-specialty in trade secret and restrictive covenant assessment, drafting and litigation. We also publish a well-respected Restrictive Covenant blog (blog.hnrklaw.com). Our experience in restrictive covenant matters is far-reaching, as is our ability to get into a courtroom quickly and efficiently to protect our corporate clients’ business relationships or trade secrets.

Hoguet Newman Regal & Kenney brought the first case under the newly enacted federal Defend Trade Secrets Act in the New York federal courts and obtained the first seizure order in the United States pursuant to that statute. We have advised judges and attorneys on restrictive covenant and trade secrets law, spoken on numerous educational panels, and successfully obtained numerous injunctions or tried cases to verdict.

Appearing regularly before state and federal courts in New York and across the country, and before tribunals such as the American Arbitration Association, the Financial Industry Regulatory Authority, and state and city governmental agencies, Hoguet Newman Regal & Kenney represents clients in cases involving:

  • a wide range of compensation disputes;
  • defamation;
  • fraud;
  • intentional infliction of emotional distress; and
  • common law tort claims, such as unfair competition, arising in the employment context. 
  • terminations of employment;
  • federal and state wage and hour claims;
  • workplace discrimination and harassment;
  • claims of retaliation for filing an internal or external complaint;
  • breach of contract;
  • whistleblower violations;

 

Work Place Investigation

Clients facing allegations of employee or managerial misconduct, ranging from harassment to financial improprieties, rely on Hoguet Newman Regal & Kenney’s employment and white collar defense attorneys’ significant experience in workplace investigations. Our partners in this practice have decades of investigative experience regarding employee misconduct, theft of trade secrets, wage and hour, and discrimination matters. In regard to white collar defense, our attorneys have significant experience as senior federal prosecutors and private practitioners in conducting workplace investigations that range in topic from breach of the Foreign Corrupt Practices Act to mass tort negligence that may result in civil or criminal liability. Firm-wide, Hoguet Newman Regal & Kenney attorneys attorney works to uncover and contextualize relevant facts with applicable law, and to counsel management clients on available courses of action.

Fair Labor Standards Act & Wage And Hour Litigation

Skilled in the defense of clients embroiled in Fair Labor Standards Act (FLSA) and state wage and hour litigation, Hoguet Newman Regal & Kenney also is a valued counselor to employers seeking appropriate strategies to address ongoing changes to the FLSA and state wage laws.

Hoguet Newman Regal & Kenney audits client workforces across industries and geographies to ensure proper employee classification, wage and overtime payments, that there is equal pay for equal work and with regard to independent contractor status. Our members help clients preemptively identify and resolve potential FLSA exposures, reclassify employees as necessary, address new minimum salary thresholds for overtime requirement exemption, and advise on appropriate uses of incentive pay, nondiscretionary bonuses and commissions to satisfy up to ten percent of the minimum salary under the new federal regulations.

FLSA compliance work includes counseling clients on labor relations aspects of compensation changes, including pragmatic timekeeping practices; and management training to ensure compliant and positive employee communications.

Traditional Labor Law

As the National Labor Relations Board expands its reach into the oversight of matters beyond the conventional union workplace, and non-union entities face heightened scrutiny, Hoguet Newman Regal & Kenney increasingly is called upon to advise clients in all aspects of collective bargaining, contract administration, and labor relations, and workplace rule design to ensure compliance with the National Labor Relations Act. To achieve goals critical to them, Hoguet Newman Regal & Kenney partners with clients to negotiate workable collective bargaining agreements that fit within their parameters and maximize labor harmony, management flexibility, and productivity.

Where negotiation is not an option, our attorneys deliver expert counsel with regard to strike planning, impasse bargaining, lockouts, corporate campaigns and injunctive relief under sections 8(g) and 10(j) of the National Labor Relations Act. Hoguet Newman Regal & Kenney has a proven track record with regard to sustaining grievances in arbitration and the knowledge and experience to provide informed counsel to management regarding the sustainability of employee discipline.

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