McDermott Will & Schulte, a global law firm

Every employment decision shapes how your workforce performs – impacting your culture, reputation, and revenue. Our employment lawyers help your business move forward by managing risk across the employee life cycle – from hiring and onboarding to performance management, retention, and separation.

We go beyond reactive advice by partnering with you to anticipate risk. By taking the time to understand your business and your industry, we stay attuned to emerging workplace trends. Our employment lawyers help you address issues early, reducing the likelihood of disputes or regulatory scrutiny that can be costly and disruptive to your operations.

We partner with you to develop workplace policies that limit legal exposure and strengthen culture, help you comply with ever-evolving laws and regulations around the world, and negotiate contracts designed to protect your interests and align incentives across your organization.

To support global workforces, our employment lawyers work together seamlessly from offices worldwide, providing coordinated, cross-border guidance. We advise on issues across the full spectrum of employment law – from day-to-day advice and policy development to C-suite and board advisory, as well as bet-the-company litigation.

When high-stakes disputes arise, we assemble teams with the specific experience required to litigate the claims at issue – including highly specialized and complex matters. This approach has contributed to our strong track record in labor and employment litigation.

Our employment practice supports your organization at every stage of growth. We provide guidance that is grounded in how your business operates, partnering with you to mitigate workforce risk so you can drive your business forward.

They grasp the subtleties of a case quickly and are incredibly strategic with their advice and strategy.
– Client Testimonial in Chambers USA

Employers face high-stakes risks and exposure as class action litigation escalates. To avoid and mitigate financial and business consequences, you need counsel who can ensure compliance with federal and state laws, swiftly defend your interests, and protect your future.

McDermott Will & Schulte's employment lawyers help leading public and private companies worldwide comply with US employee classification laws, including the Fair Labor Standards Act (FLSA) and relevant state laws. When potential misclassification triggers government investigations or lawsuits, our employment lawyers – many of whom are former high-ranking US federal prosecutors and government officials – leverage decades of experience to help you limit your legal liability and minimize reputational damage.

In addition to defending against misclassification lawsuits, our seasoned trial and appellate lawyers can defend you in a wide range of complex employment class action lawsuits filed by government agencies, employees, and labor unions, involving claims under various US federal and state laws.

Employee Classification

Our employment team helps you ensure that your employees are classified appropriately under the FLSA and relevant state laws. With experience advising clients across all industries, we apply sector-specific knowledge to proactively guide you on policy development, compliance, and defense strategies.

Our lawyers have extensive knowledge of the classification of exempt and nonexempt employees, employees versus independent contractors, and business-to-business (B2B) contracts that may raise joint employer issues. We will work with you to properly characterize these business relationships in the context of agreements, policies, and practices.

On behalf of clients in employee classification matters, our team:

• Develops policies to comply with federal and state laws concerning classification, overtime, non-discretionary bonus regular rate recalculations, meal and rest periods, off-the-clock work, recordkeeping, and payroll deductions, among other issues
• Conducts regular policy reviews to ensure compliance and assess potential violations
• Rolls out new policies and delivers customized trainings to improve manager and employee compliance
• Advises on complex issues relating to the classification of gig workers and other independent contractors, including applying the ABC test, established by the California Supreme Court (our lawyer was directly involved in the case that led to the ABC test)
• Advises companies in the entertainment and sports industry contracting with loan-outs, leveraging the right labor, tax, and corporate laws to build the strongest agreements
• Defends against government investigations and compliance audits to minimize liability
• Defends against high-stakes wage-and-hour litigation, leveraging our experience handling hundreds of such cases successfully for our clients

Employment Class Action

Our employment class action lawyers have successfully defended clients against large-scale, multijurisdictional class action lawsuits involving thousands of employees. We represent clients across state and federal courts, appellate courts, and before the US Supreme Court in actions involving claims under several US federal and state laws, including:

• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Civil Rights Act – Title VII and Section 1981
• Equal Pay Act (EPA)
• Fair Credit Reporting Act (FCRA)
• Fair Labor Standards Act (FLSA)
• Private Attorneys General Act (PAGA)
• Worker Adjustment and Retraining Notification Act (WARN)

To protect your reputation, our employment class action litigation team takes a proactive approach to crisis management and media relations, including directly addressing plaintiffs’ lawyers who leverage the media in attempts to extract unreasonable damages. Additionally, to minimize liability from potential disputes, we help you implement arbitration programs that prevent individuals from bringing class or collective claims.

Our employment team also has significant experience defending against pattern and practice lawsuits brought by the Equal Employment Opportunity Commission (EEOC), state and federal department of labor actions, and attorney general enforcement actions. Whether in arbitration, early-stage meditation, or litigation, we know how and where to apply pressure to obtain the best result for you.

We offer distinct advantages in employment class actions including:

• First-chair trial lawyers who have won favorable verdicts in cases involving sophisticated employment issues
• An impressive track record of success in employment disputes, including the complete elimination of class action claims
• Deep familiarity with leading plaintiffs’ lawyers and their pressure points, allowing us to develop effective defense and resolution strategies
• A top-tier appellate practice that we leverage to craft legal arguments likely to withstand the test of an appeal
• Lawyers with extensive networks within the class action community, enabling us to spot emerging trends that can lead to the next big wave of class action litigation

Union elections and National Labor Relations Board (NLRB) investigations are spiking and are at historic levels. Labor unions are deploying new tactics to challenge business plans and brand reputations for unionized and non-unionized companies across industries.

Our next-gen, diverse labor team advises and represents clients across the United States and Europe. We serve as trusted counsel in high-stakes matters, including union elections; collective bargaining; NLRB investigations, trials and appeals; labor arbitrations; and legislative drafting. We regularly advise investors and corporations on strategic labor issues in transactions, integrations and reorganizations.

We provide cross-disciplinary advising and work seamlessly with our leading partners in employee benefits, antitrust, tax, corporate and healthcare practices, among others. Our team’s approach to labor representation is strategic, business-focused and swift.

Transactions can strengthen your business by helping you access capital, pursue growth opportunities, and enter new markets – but they also carry risks that can have lasting consequences. Our corporate and transactional lawyers structure transactions that drive growth while managing legal, regulatory, and commercial exposure.

Our lawyers collaborate across offices worldwide to provide coordinated counsel on domestic and cross-border transactions. Our corporate law practice guides you through commercial agreements, mergers and acquisitions, financings, restructurings, and governance matters designed to support your business strategy.

We also advise on sophisticated capital formation and investment structures, including capital raises, PIPE transactions, SPAC-related matters, and other strategic financing arrangements that provide flexible access to capital in evolving markets.

Beyond execution, our corporate and transactional lawyers address the challenges that shape long-term deal success, including:

• Post-merger integration and reorganizations
• Cross-border governance and operating structures
• Commercial contracts and change-of-control issues
• Intellectual property and asset organization
• Tax, treasury, and operational continuity planning
• Workforce and benefits integration
• Legacy liabilities and dispute exposure

Managing a large volume of transactions can quickly become resource intensive. Our technology-enabled transactional legal services team combines sophisticated AI review tools with experienced transactional lawyers to streamline due diligence, contract negotiation, and contract management – helping you scale quality and consistency across a high volume of matters.

From capital formation to post-closing integration, we help you navigate transactions strategically while managing the legal and operational issues that impact business performance. Our lawyers structure and execute deals that mitigate risk and support long-term growth.

A well-defined but flexible M&A strategy is critical for staying competitive in the global marketplace – and complex transactions require experienced mergers and acquisitions lawyers who understand your goals. Our corporate M&A team combines deep market knowledge with precise deal execution skills to help you achieve your strategic objectives.

Many deals have a cross-border dimension, and with more than 150 M&A lawyers across 20 global offices, we have the resources and footprint to represent your transactional needs worldwide. Our industry knowledge in key markets, including energy, food and beverage, technology, chemicals, life sciences, and healthcare, ensures that your deals drive measurable business growth and market expansion.

We provide comprehensive, skilled guidance in regulatory, antitrust, tax, labor and employment, intellectual property, and financing matters – along with litigation, when the need arises. Our M&A practice also focuses on IT outsourcing, merger integration, and ensuring seamless transitions that protect your operational continuity and financial value.

We advise on negotiated and unsolicited acquisitions, such as competitive auctions, tax-driven transactions, and cross-border deals. From our experience representing clients from publicly listed companies to private equity and family offices, we can anticipate different deal perspectives. Our approach ensures that you deploy the right strategy for any given situation, securing favorable terms and driving long-term profitability for your organization.

As a leading provider of M&A legal services, we have developed client-focused tools designed to streamline the transaction process and reduce your overall costs. We bring a practical approach to every matter, delivering efficient solutions that enhance your bottom line.

Compensation and benefits programs help you attract and retain top talent – but they are subject to significant regulatory risk and shareholder scrutiny. Our employee benefits lawyers partner with you to design, implement, and administer compensation and benefits programs that protect your interests across the employee lifecycle – from hiring to separation.

We support your business by structuring and managing programs that drive performance, control costs, and enable long-term growth. We advise you on all aspects of employee benefits and executive compensation, from plan design, administration, and compliance to workforce transitions, complex transactions, audits, investigations, and litigation.

As you manage your global workforce and expand into new markets, we advise you on international employee benefits, executive compensation, and cross-border employment matters. Our lawyers help you navigate complex regulatory frameworks across the US and Europe, including:

• Employee Retirement Income Security Act (ERISA)
• Internal Revenue Code (IRC)
• Affordable Care Act (ACA)
• Worker Adjustment and Retraining Notification (WARN) Act
• US securities and disclosure requirements
• Other applicable US federal, state, and local laws
• European labor laws, including works council and consultation requirements

When matters come under regulatory scrutiny or give rise to disputes, we represent you in labor and employment litigation, as well as in arbitrations and mediations before federal and state trial and appellate courts, US administrative agencies, and international counterparts in Europe and Asia.

In the event of an audit or regulatory inquiry, our lawyers advocate for you before the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the National Labor Relations Board on employment, compensation, and benefits matters.

Your compensation and benefits programs play a critical role in the growth and performance of your business. We partner with you to develop and manage employee benefits and executive compensation programs that protect your talent investment, reduce risk, and support your business goals.