Allegations of discrimination, harassment, and assault in the workplace are on the rise, fueled in part by health and safety issues related to the COVID-19 pandemic, and the Black Lives Matter and #MeToo movements. Meanwhile, employers continue to face challenges involving pay equity, financial misconduct, corporate compliance, trade secret theft, data breaches, and other business-critical issues.

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Overview

Allegations of discrimination, harassment, and assault in the workplace are on the rise, fueled in part by health and safety issues related to the COVID-19 pandemic, and the Black Lives Matter and #MeToo movements. Meanwhile, employers continue to face challenges involving pay equity, financial misconduct, corporate compliance, trade secret theft, data breaches, and other business-critical issues.

From routine investigations and preventative audits to large-scale, multi-jurisdictional matters involving sensitive allegations at the highest levels of management, the Perkins Coie Labor & Employment team provides immediate and experienced guidance to take swift action and minimize business disruption. Whether the client is a startup or a Fortune 50 corporation with complex reporting requirements, we understand and address the challenges employers face throughout the business life cycle.

Investigations

We lead discreet, highly efficient investigations that establish solid legal defenses, preserve attorney-client privilege, and properly resolve workplace misconduct issues to safeguard employee morale and productivity. Our solutions are tailored and strategic, with investigations and analyses that are designed to hold up during litigation or withstand a future government audit.

Depending on the circumstances, our Labor & Employment team may handle an internal investigation from start to finish, or we may provide strategic counsel on an effort that is conducted entirely by the client. When the situation requires, we also engage and oversee third-party investigators who report back to the client.

Our multidisciplinary approach involves assembling the right team of attorneys and other resources to examine critical issues—from white collar defense to corporate governance to insurance coverage—from all sides. When needed, we engage our data scientists to deploy predictive coding to process large volumes of email, text messages, and documents, bringing e-discovery to a speedy and efficient conclusion.

We are equipped to handle matters that require extra layers of investigation and reporting, including those involving government entities, publicly traded companies, businesses in highly regulated industries, including defense and other government contractors, internet-based entities, and healthcare companies. Our experience also includes leading high-profile investigations on behalf of academic institutions and handling some of the most challenging Title IX claims. Should potential criminal exposure arise, we coordinate with law enforcement and involve experienced colleagues, including former prosecutors and other government attorneys, to structure investigations that minimize liability.

Audits

Sometimes the best defense is a great offense. We apply that philosophy to comprehensive workplace audits designed to take stock of strengths and address risks before they become liabilities or negatively affect morale and the company’s reputation.

By collaborating with in-house lawyers and HR professionals, we assess clients’ policies and procedures and identify potential liabilities around hot-button issues such as pay equity, hiring and termination processes, noncompete agreements, data privacy and security, workplace harassment and employee classifications, as well as compliance with Equal Employment Opportunity (EEO), Employee Retirement Income Security Act (ERISA), Federal Labor Standards Act (FLSA) and other state and federal employment regulations.

We treat our client relationships as partnerships, developing deep knowledge of each client’s unique circumstances and focusing on the key aspects that are likely to be flagged in litigation or a government audit. Through our use of statistical analysis and other sophisticated technology tools, we deliver audits that clients can use with confidence with employees, in the board room and with shareholders.

From routine investigations and preventative audits to large-scale, multi-jurisdictional matters involving sensitive allegations at the highest levels of management, the Perkins Coie Labor & Employment team provides immediate and experienced guidance to take swift action and minimize business disruption. Whether the client is a startup or a Fortune 50 corporation with complex reporting requirements, we understand and address the challenges employers face throughout the business life cycle.

Investigations

We lead discreet, highly efficient investigations that establish solid legal defenses, preserve attorney-client privilege, and properly resolve workplace misconduct issues to safeguard employee morale and productivity. Our solutions are tailored and strategic, with investigations and analyses that are designed to hold up during litigation or withstand a future government audit.

Depending on the circumstances, our Labor & Employment team may handle an internal investigation from start to finish, or we may provide strategic counsel on an effort that is conducted entirely by the client. When the situation requires, we also engage and oversee third-party investigators who report back to the client.

Our multidisciplinary approach involves assembling the right team of attorneys and other resources to examine critical issues—from white collar defense to corporate governance to insurance coverage—from all sides. When needed, we engage our data scientists to deploy predictive coding to process large volumes of email, text messages, and documents, bringing e-discovery to a speedy and efficient conclusion.

We are equipped to handle matters that require extra layers of investigation and reporting, including those involving government entities, publicly traded companies, businesses in highly regulated industries, including defense and other government contractors, internet-based entities, and healthcare companies. Our experience also includes leading high-profile investigations on behalf of academic institutions and handling some of the most challenging Title IX claims. Should potential criminal exposure arise, we coordinate with law enforcement and involve experienced colleagues, including former prosecutors and other government attorneys, to structure investigations that minimize liability.

Audits

Sometimes the best defense is a great offense. We apply that philosophy to comprehensive workplace audits designed to take stock of strengths and address risks before they become liabilities or negatively affect morale and the company’s reputation.

By collaborating with in-house lawyers and HR professionals, we assess clients’ policies and procedures and identify potential liabilities around hot-button issues such as pay equity, hiring and termination processes, noncompete agreements, data privacy and security, workplace harassment and employee classifications, as well as compliance with Equal Employment Opportunity (EEO), Employee Retirement Income Security Act (ERISA), Federal Labor Standards Act (FLSA) and other state and federal employment regulations.

We treat our client relationships as partnerships, developing deep knowledge of each client’s unique circumstances and focusing on the key aspects that are likely to be flagged in litigation or a government audit. Through our use of statistical analysis and other sophisticated technology tools, we deliver audits that clients can use with confidence with employees, in the board room and with shareholders.

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