Labor, Employment and Benefits

Keeping abreast of the ever-changing laws regarding labor, employment and benefits can present challenges for any employer. Our team of attorneys shares the commitment to following changes to the laws, regulation updates, and trends that affect employers. This dedication allows our attorneys to efficiently identify, address and resolve our clients employment-related challenges.

Labor and Employment

Both private and public sector clients depend on our representation in a wide variety of employment law litigation matters in federal and state courts and administrative bodies, as well as in proceedings before the courts of the Navajo Nation. Such cases include employment discrimination claims under federal statutes like Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Labor Standards Act, as well as claims involving the New Mexico Human Rights Act, workers compensation laws, breaches of employment contract, and collateral torts such as retaliatory discharge.

Many clients come to Modrall Sperling to become or remain in compliance with state, federal, and tribal law. We assist our clients in dealing with employee issues as they arise, in the hope that disputes and litigation may be avoided if possible. Our lawyers have conducted extensive training for clients in anti-discrimination and harassment, and on compliance with wage and hour laws. We assist in preparing employee handbooks and in drafting employment policies that comply with federal, state, and tribal law. We also counsel our clients through administrative audits, investigations, and informal inquiries.

Benefits

We represent our clients by designing, implementing, and maintaining benefit plans and trusts; drafting necessary communications, documentation, and procedures; obtaining favorable determination letters; assisting with audits, ERISA compliance, and IRS compliance; advising on compliance with reporting, disclosure obligations, and claims handling; and counseling on executive compensation and employment contracts.

Our clients include a wide variety of taxpayers, both individual and large and small businesses, professional and corporate, third-party administrators, non-profit and for-profit entities, and governmental and tribal entities. We work in conjunction with a wide variety of professional contacts and associations, including actuarial services, accounting services, third-party administrators, trust departments, and investment advisers, to broaden the range of solutions we offer.

The firm also possesses extensive experience in ERISA litigation, having handled numerous cases involving both pension benefits and welfare benefits, including cases for disability and medical insurers, self-insured plans, and third-party administrators.