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Employment / FLSA

Boies, Schiller & Flexner LLP manages all forms of employment-related litigation, including cases involving ERISA fiduciary duties, executive termination, employment discrimination, non-qualified executive compensation plans, employee fraud, restrictive covenant agreements, and unpaid compensation.

We often serve as lead trial counsel in important and successful employment and ERISA related actions, including claims for injunctive relief, breach of contract cases, and arbitrations.  We are actively involved in defending a wide variety of ERISA fiduciary duty claims on behalf of plan service providers and other fiduciaries, including claims arising from plan investment losses. In many cases, we have been able to negotiate complex but practical settlements that avoid unnecessary litigation costs while mending business relationships between parties.  

Examples of recent litigation include: American Airlines, Inc. v. Imhof (S.D.N.Y); Borg-Warner Protective Services Corp. v. Guardsmark, Inc. (6thCir.); Guardsmark, Inc. v. Borg-Warner Protective Services (N.D. Ohio); Credit Suisse First Boston v. Moelis (AAA); Kirk v. OHM Corp. (D.D.C.); Kenner v. iVillage (S.D.N.Y.); Carter v. iVillage (S.D.N.Y.); Hindman v. iVillage (S.D.N.Y.); and Hyde v. Guardsmark, Inc. (Fla.).

In addition to litigation, the Firm is often engaged to perform discreet investigations and provide employer guidance regarding employee misconduct and fraud.  We advise employers and board of directors regarding terminations with and without cause, forfeited benefits and disciplinary actions.

The Firm also represents employees in collective action cases brought under the Fair Labor Standards Act ("FLSA"). We successfully represent employees nationwide against some of the country's major financial, service and retail entities, litigation that has resulted in the recovery of millions of dollars of unpaid overtime compensation. The Firm also represents employees in state court class actions for unpaid or illegally withheld compensation.

Firm attorneys regularly counsel clients on developing optimum policies for avoiding employment-related issues as well as determining the best strategic course in threatened litigation