Labor and Employment
Labor and Employment | GeneralOur Labor and Employment practice provides comprehensive counsel to employers on workplace legal issues, from daily compliance questions to complex litigation, helping clients build lawful and productive workplaces.
Overview
Comprehensive Workplace Legal Solutions
The workplace presents complex legal challenges for employers navigating evolving regulations, employee relations, and litigation risk. MC Law's Labor and Employment practice provides the full range of employment law services, from daily counseling to bet-the-company litigation.
Preventive Counseling
The best employment disputes are those that never happen. We advise employers on compliance with federal, state, and local employment laws, helping clients develop policies, practices, and training that reduce legal risk while supporting business objectives.
Policies and Procedures Sound policies provide foundation for lawful employment practices. We draft and review employee handbooks, policies, and procedures addressing all aspects of the employment relationship. We ensure policies comply with applicable law while serving operational needs. Workplace Investigations Complaints require prompt, thorough investigation. We conduct independent workplace investigations into discrimination, harassment, retaliation, and other complaints. We help employers develop investigation protocols and train internal investigators. Employment Litigation When disputes cannot be prevented, we provide aggressive, effective defense. We handle single-plaintiff and class action litigation involving discrimination, harassment, retaliation, wrongful termination, wage and hour claims, and other employment disputes. We have trial experience in courts nationwide. Trade Secrets and Restrictive Covenants Protecting confidential information and customer relationships requires careful drafting and strategic enforcement. We draft enforceable restrictive covenants and pursue protection when employees depart to competitors. Labor Relations We advise employers on union matters including organizing campaigns, collective bargaining, grievance arbitration, and unfair labor practice charges. We help employers maintain positive employee relations and respond effectively to union activity.Our Services
employment_litigation
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
harassment
Federal registration and validity opinions
wage_and_hour_law
Federal registration and validity opinions
restrictive_covenants_confidentiality_ip
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Employment law obligations depend on your location, industry, number of employees, and whether workers are employees or independent contractors. Federal laws like FLSA, Title VII, ADA, and FMLA set minimum standards, while state and local laws often impose additional requirements.
Key strategies include maintaining compliant policies and handbooks, providing regular manager training, conducting consistent documentation practices, performing thorough investigations of complaints, and obtaining legal review before termination decisions.
Classification depends on the degree of control, economic dependence, and other factors under applicable federal and state tests. Misclassification exposes employers to liability for unpaid taxes, benefits, overtime, and penalties.
Engage counsel before making significant employment decisions, when facing agency complaints or litigation, during policy development, for executive hiring or separation, during workforce reductions, and when new legal requirements take effect.
Essential policies include at-will employment statements, anti-discrimination and harassment policies, leave policies, wage and hour practices, disciplinary procedures, and technology use guidelines. Handbooks should be regularly reviewed to ensure legal compliance.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
