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K&L Gates Labor and Employment Practice The worldwide financial markets are in turmoil. Consumer and investor fears have contaminated companies in many sectors, reducing demand, revenue, and profits. These troubled times require that all companies have a clear understanding of how the economy may affect their workforce. While some companies are downsizing operations, others are capitalizing on opportunities through acquisition or expanding into new geographic or industry sectors with less economic volatility. Businesses of every size and scope are examining their employee and contractor ranks to ensure a good fit with their operational strategy. Whether entering new markets, growing through acquisition or merger, or downsizing the enterprise, major national and international companies need skilled labor and employment advisors to ensure the smoothest possible path to growth or reduction. With more than 120 experienced practitioners on three continents, K&L Gates Labor and Employment attorneys are eminently qualified to address your organization’s basic and complex needs during times of economic stress. In economic downturns, our attorneys assist with reductions in force (“RIFs”) and layoffs to ensure appropriate compliance with U.S. and international labor laws. For companies able to capitalize on opportunities during times of distress, we help ensure that disparate workforces are integrated smoothly. We advise clients on enterprise-wide labor and employment strategies and we help clients build and execute best practices to minimize exposure to litigation. However, when litigation does arise, our depth of experience and geographic reach enable us to represent our clients’ interests effectively and efficiently. K&L Gates Labor and Employment attorneys, along with the firm’s Employee Benefits, Executive Compensation and Corporate groups, provide a range of services to clients impacted by the economic crisis, including in the following areas: RIFs including pre-RIF workforce analysis and review of proposed RIFs to minimize employer liability under plant closing, wage and hour, employment discrimination and various other federal and state laws. Cost-saving alternative work arrangements, such as telecommuting, flextime and job sharing, and their companion legal issues including data security, wage and hour, and benefits. Voluntary retirement programs—the pros and cons and the mechanics of implementing processes. Layoff-related litigation, including intentional and disparate impact discrimination, ADA accommodation actions, ERISA and class actions. Labor issues, including layoffs under collective bargaining agreements. 409A deferred compensation and its impact on executive terminations, staff reductions and severance pay. Cost-efficient strategies for retirement and health benefits. Immigration implications of terminations and layoffs for H1-B and other work visa holders.

K&L Gates Labor and Employment Practice · capitalizing on opportunities through acquisition or expanding into new geographic or industry sectors with less economic volatility. Businesses

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Page 1: K&L Gates Labor and Employment Practice · capitalizing on opportunities through acquisition or expanding into new geographic or industry sectors with less economic volatility. Businesses

K&L Gates Labor and Employment PracticeThe worldwide fi nancial markets are in turmoil. Consumer and investor fears have

contaminated companies in many sectors, reducing demand, revenue, and profi ts. These

troubled times require that all companies have a clear understanding of how the economy

may affect their workforce. While some companies are downsizing operations, others are

capitalizing on opportunities through acquisition or expanding into new geographic or

industry sectors with less economic volatility.

Businesses of every size and scope are examining their employee and contractor ranks to ensure a good fi t with their operational strategy. Whether entering new markets, growing through acquisition or merger, or downsizing the enterprise, major national and international companies need skilled labor and employment advisors to ensure the smoothest possible path to growth or reduction. With more than 120 experienced practitioners on three continents, K&L Gates Labor and Employment attorneys are eminently qualifi ed to address your organization’s basic and complex needs during times of economic stress.

In economic downturns, our attorneys assist with reductions in force (“RIFs”) and layoffs to ensure appropriate compliance with U.S. and international labor laws. For companies able to capitalize on opportunities during times of distress, we help ensure that disparate workforces are integrated smoothly.

We advise clients on enterprise-wide labor and employment strategies and we help clients build and execute best practices to minimize exposure to litigation. However, when litigation does arise, our depth of experience and geographic reach enable us to represent our clients’ interests effectively and effi ciently.

K&L Gates Labor and Employment attorneys, along with the fi rm’s Employee Benefi ts, Executive Compensation and Corporate groups, provide a range of services to clients impacted by the economic crisis, including in the following areas:

• RIFs including pre-RIF workforce analysis and review of proposed RIFs to minimize employer liability under plant closing, wage and hour, employment discrimination and various other federal and state laws.

• Cost-saving alternative work arrangements, such as telecommuting, fl extime and job sharing, and their companion legal issues including data security, wage and hour, and benefi ts.

• Voluntary retirement programs—the pros and cons and the mechanics of implementing processes.

• Layoff-related litigation, including intentional and disparate impact discrimination, ADA accommodation actions, ERISA and class actions.

• Labor issues, including layoffs under collective bargaining agreements.

• 409A deferred compensation and its impact on executive terminations, staff reductions and severance pay.

• Cost-effi cient strategies for retirement and health benefi ts.

• Immigration implications of terminations and layoffs for H1-B and other work visa holders.

Page 2: K&L Gates Labor and Employment Practice · capitalizing on opportunities through acquisition or expanding into new geographic or industry sectors with less economic volatility. Businesses

K&L Gates comprises approximately 1,700 lawyers in 29 offi ces located in North America, Europe and Asia, and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, visit www.klgates.com. K&L Gates comprises multiple affi liated partnerships: a limited liability partnership with the full name K&L Gates LLP qualifi ed in Delaware and maintaining offi ces throughout the U.S., in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Offi ce), and in Shanghai (K&L Gates LLP Shanghai Representative Offi ce); a limited liability partnership (also named K&L Gates LLP) incorporated in England and maintaining our London and Paris offi ces; a Taiwan general partnership (K&L Gates) which practices from our Taipei offi ce; and a Hong Kong general partnership (K&L Gates, Solicitors) which practices from our Hong Kong offi ce. K&L Gates maintains appropriate registrations in the jurisdictions in which its offi ces are located. A list of the partners in each entity is available for inspection at any K&L Gates offi ce.

This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without fi rst consulting a lawyer.

©2009 K&L Gates LLP. All Rights Reserved.

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For more information please contact the following:

United StatesRosemary [email protected]+1.973.848.4022

Patrick M. [email protected]+1.206.370.6795

Mark D. [email protected]+1.617.261.3147

EuropeNoel [email protected]+44.20.7360.8187

Manfred [email protected]+49.30.220.029.300

AsiaYujing [email protected]+86.10.8518.8528