Major transactions and business restructurings often trigger complex business and legal workforce challenges. Our workforce change team advises employers on the full spectrum of employment, labor, immigration, benefits, and related issues confronting businesses involved in mergers, acquisitions, start-ups, closings, reorganizations, workforce reductions, and other corporate deals. With a focus on the business objectives that drive these deals, we guide employers and other stakeholders through related laws, regulations, benefit plans, contracts, and agreements to provide effective workforce solutions.
Our multidisciplinary team has been involved with thousands of deals, spinoffs, start-ups, joint ventures, and relocations; reduction-in-force, outsourcing, offshoring, and contingent staffing plans; and other types of restructurings. This background informs the guidance we offer our clients. Based across our 30 offices* in North America, Europe, Asia, and the Middle East, the lawyers on our workforce change team have experience with labor, employment, employee benefits, executive compensation, immigration, and tax law.
We assist employers with every aspect of workforce change. Before deals are completed, we conduct employment and benefits due diligence and offer strategic advice regarding deal structuring. We also prepare transaction documents and labor services agreements.
Our team guides clients through retiree insurance benefit plans and programs and retirement plans and pension benefits. We advise on group insurance and Consolidated Omnibus Budget Reconciliation Act (COBRA) obligations, as well as executive compensation and stock options. We also counsel on workers’ compensation and disability benefit plans.
We conduct worker turnover, absenteeism, and productivity assessments to help clients make strategic decisions about their workforces. We also counsel clients on severance pay plans and separation benefits.
To keep stakeholders informed, our team provides guidance on employee, union, and media communications. We also provide executive and supervisor training.
We advise on reduction-in-force procedures. We conduct performance appraisals and selection criteria and offer adverse impact and statistical analyses.
We draft executive employment agreements and exit incentive and voluntary separation arrangements. Our team also prepares confidentiality and trade secret agreements.
When companies need to expand their workforces, we counsel on employment applications and hiring, including immigration, H-1B visas, and I-9 documentation.
When transactions involve companies with union workforces, we advise on labor negotiations and union contracts, as well as grievances, arbitrations, and NLRB proceedings.
Companies planning plant closings and mass layoffs may have obligations under the Worker Adjustment and Retraining Notification Act (WARN). We work with clients to ensure that they remain in compliance.
*Our Beijing office operates as a representative office of Morgan, Lewis & Bockius LLP. In Shanghai, we operate as a branch of Morgan Lewis Consulting (Beijing) Company Limited, and an application to establish a representative office of the firm is pending before the Ministry of Justice. In Hong Kong, Morgan Lewis has filed an application to become a registered foreign law firm and is seeking approval with The Law Society of Hong Kong to associate with Luk & Partners.