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Schwartz Hannum PC provides employers with a full range of representation in employment litigation before state and federal government agencies, courts and arbitration panels, involving claims of discrimination and retaliation, other statutory claims (e.g., under the Fair Labor Standards Act, Family and Medical Leave Act, Occupational Safety and Health Act, Older Workers Benefit Protection Act, the Sarbanes-Oxley Act and Worker Adjustment and Retraining Notification Act), as well as state law claims for breach of contract, tort claims of all varieties, breach of restrictive covenants and misappropriation of trade secrets.

Complex Litigation (Class Actions)
The Firm's experienced litigation attorneys have substantial experience in managing and defending class and collective actions, in myriad state and federal courts. These class and collective actions cover the full spectrum of employment claims, from claims of discrimination, to wage and hour violations, and other federal and state statutory claims, including (for example) alleged violations of the federal Fair Credit Reporting Act. The Firm has handled and successfully resolved numerous class actions and complex litigation matters.

We recognize the extreme pressures that are brought to bear on any organization that is targeted for a class action, and we employ our Firm Philosophy to assist clients resolve these cases in a manner that best suits the client's goals. This will typically include an appropriate up-front investigation of the facts and assessment of legal claims, careful case administration throughout, and strategic use of technology. We work closely with clients to develop the best expert witnesses, if needed, and attempt to tailor the discovery process to the client's goals. We have extensive trial and appellate experience, as well, and, when necessary, we also bring to bear our significant experience with public relations and crisis management.

The Firm also assists employers with techniques to avoid complex employment litigation such as counseling, mock audits, training and development and revision of employers' policies and practices. Our analysis of each client's risks of employment class actions includes a thorough review and analysis of human resources data, payroll data, and hiring, promotion and termination data, as well as a complete human resources compliance audit. We also provide extensive training and evaluations, to support these efforts and recommended best practices.

Employment Discrimination and Other Employment Litigation
The Firm represents employers in the full range of employment litigation, before state and federal government courts and agencies across the country.

The Firm' attorneys are experienced in a wide spectrum of employment litigation involving claims of discrimination and retaliation under federal and state law, and other statutory claims (e.g., under the Fair Labor Standards Act, Family and Medical Leave Act, Occupational Safety and Health Act, Older Workers Benefit Protection Act, the Sarbanes-Oxley Act and Worker Adjustment and Retraining Notification Act), as well as state law contract claims and tort claims of all varieties.

ERISA Litigation
The Firm handles a variety of litigation involving claims arising under the Employee Retirement Income Security Act (“ERISA”), including claims for benefits and for discriminatory termination of employment in violation of ERISA.

General Litigation

The Firm counsels and represents businesses in general litigation matters, including actions for breach of contract, violations of M.G.L. c. 93A (unfair or deceptive business practices), and collection matters.

Mediation and Arbitration
The Firm frequently represents employers in proceedings before mediators and arbitrators, and has successfully resolved a full range of employment-related claims, including claims of discrimination and retaliation, and other statutory and common law employment claims.

Non-Competition Litigation
The Firm represents employers in all types of non-competition litigation, in state and federal court. The Firm has successfully obtained and prevented injunctive relief on behalf of employers in a variety of industries (including banking, manufacturing, restaurant, retail, and temporary staffing) in cases involving claims for breach of contract, breach of restrictive covenants, and misappropriation of trade secrets, among other claims.

Public Accommodations 
The Firm represents employers in all types of public accommodations litigation, in state and federal court, and in government investigations. The Firm has successfully represented employers in a variety of industries in cases involving claims of discrimination and failure to meet minimum accessibility requirements for public accommodations and commercial facilities, among other claims.

Unemployment Compensation Appeals
The Firm represents employers with respect to unemployment compensation matters, including appeal hearings. The Firm is also experienced in representing employers in disputes with the Division of Unemployment Assistance with respect to excessive contribution rates and recovery analysis.

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