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Labor & Employment

Employers must comply with local, state, and federal employment laws that are constantly changing, and in certain circumstances, employers must defend against government investigations and lawsuits. The partners who lead the labor and employment section of the Firm bring the necessary experience to strategically represent employers with these issues. The partners are Board Certified in Employment and Labor Law by the Texas Board of Legal Specialization and  have more than 45 years of cumulative experience representing employers in contentious lawsuits, high stakes government and internal investigations, challenging human resources issues, and compliance matters.

Our philosophy is to strategically advance the interests of our clients by offering a forward-thinking and outside of the box approach. We are also committed to understanding our clients’ specific business, industry, and legal concerns. We keep constant focus on the immediate and long-term needs of our clients, and our game plan always includes producing innovative, cost-effective solutions for our clients.

The Firm represents a wide-array of clients, including publicly traded companies, private businesses, private equity groups, cities, municipalities, and counties, educational institutions, and government entities.

Federal and State Government Investigations

Government scrutiny on businesses has increased in recent years, and a complex regulatory environment leaves many businesses at risk of triggering a government investigation. We have substantial experience representing clients in all types of employment related government investigations, including the following agencies:

  • Equal Employment Opportunity Commission (EEOC)
  • U.S. Department of Labor (DOL)
  • National Labor Relations Board (NLRB)
  • Occupational Safety and Health Administration (OSHA)
  • U.S. Immigration and Customs Enforcement (ICE)
  • U.S. Department of Justice Civil Rights Division – Immigrant and Employee Rights Section (IER)
  • Texas Workforce Commission (TWC)
  • Texas Ethics Commission (TEC)
  • State Equivalent Compliance Agencies Throughout the Nation

Investigations can be triggered by whistleblowing or by a failure to actively comply with regulatory requirements. Various government agencies also conduct periodic random audits to ensure that all laws are being adhered to.

When an investigation is triggered, government agencies can impose burdensome discovery demands, quick turnarounds, and extensive documentation to show compliance with legal requirements. It is also common for key company staff to be interviewed by investigators and for investigators to conduct an in-depth review of business practices.

Preparing for the investigatory process is essential for your business. Your company needs a lawyer guiding you on the best approach to respond to requests from government officials. At Monty & Ramirez, our experienced lawyers have represented businesses throughout a variety of government investigations.

Our Firm takes a proactive approach to addressing all aspects of a government investigation, from preparing witnesses, mitigating possible damages, and to empowering your company to understand the limits of governmental authority. Your company has legal rights during an investigation, and it is essential that you have an attorney with experience guiding you on how the law protects your business.

Employment and Business-Related Litigation

Avoiding lawsuits is a primary goal of any employer, but lawsuits are often an inevitable consequence of doing business.  When lawsuits arise, your company needs to employ a strategic approach to resolving disputes that limits your risk, mitigates damages, and maximizes the chances of a favorable outcome.  Monty & Ramirez has a successful track record of representing employers in a variety of business and employment matters in both state and federal court and arbitration.

Our Law Firm’s experience has extended to representing clients on matters related to:

  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • Fair Labor Standards Act (FLSA) Collective Actions
    • Employee Overtime Wage Claims
    • Employee Minimum Wage Claims
    • Tip Pool Violations
    • Misclassification of Employees
  • Title VII
    • Race, Color, National Origin, Religious, and Sex Discrimination
    • Sexual Harassment
    • Workplace Discrimination and Hostile Work Environment
    • Retaliation
  • Title IX Sexual Harassment
  • Family and Medical Leave Act (FMLA)
    • FMLA Interference
    • FMLA Denial
  • Government Entity Employment Litigation
  • University and Community College Employment Litigation
  • Section 1981 and 1983 Matters
  • Whistle Blower Actions
  • Worker’s Compensation Retaliation
  • Non-Compete/Non-Solicitation Matters
  • Breach of Contract Claims
  • Appeals (Texas Court of Appeals, Texas Supreme Court, Fifth Circuit Court of Appeals, and other jurisdictions)
  • Investigation, Ethics, Compliance & Whistleblower Matters
  • Employee Slip and Workplace Safety Lawsuits (Non-subscribers)
  • Police F-5 Administrative Hearings
  • State and Federal Administrative Hearings
  • Employment Practices Liability Insurance Approved Counsel
  • Mediation and Arbitration
  • Any Type of Employment Litigation

While every case is different, our past success demonstrates the effectiveness of our litigation strategy in assisting clients in achieving desired outcomes in litigation. In lawsuits, every decision can affect the outcome of the case.  Having smart, effective legal guidance at every stage, from the framing of the facts and issues to the application of legal theories, can make a fundamental difference in whether you prevail in a case. Our approach to litigation involves working closely with clients to anticipate and understand their needs and to employ innovative strategies to effectively manage each case.   Clients turn to our firm to help them with a variety of litigation matters, and our attorneys are always sensitive to the impact of litigation on company budgets.

Litigation doesn’t always have to be resolved in a courtroom, and our experienced attorneys extend to alternative dispute resolution options when appropriate.  Our attorneys will provide your company with an objective evaluation of your case to allow your business to make smart legal choices throughout the litigation process that maximize your chances of a positive resolution for your business.

Our Firm also works closely with your employment practices liability insurance (EPLI) companies.

Outside General Counsel and Human Resources Support

Monty & Ramirez regularly helps support both in-house legal teams and human resources departments with their legal needs. Our Firm works closely with general counsels of employers and their legal in-house team and HR teams to support their day-to-day to long term goals. Our Firm also provides general counsel services to those clients who do not have an in-house legal team. 

The Firm’s attorneys work with your in-house and HR department in all aspects of personnel planning while providing comprehensive legal advice. The following is a sample of issues the Firm provides clients:

  • Internal Employee Investigations and Compliance Matters
  • Whistleblower Investigations
  • Policy, Handbook, and Code of Conduct Review and Preparation
  • Drafting and Enforcing Employment Agreements
  • Confidentiality and Non-Compete Agreements
  • Employment Law Advice with federal, state, and local laws
  • Employee and Manager Training
  • Employee Grievance Matters
  • Employee Leave, FMLA and ADA Reasonable Accommodations
  • Evaluations, Promotions, Restructuring and Transfers
  • Reductions-in-force, Terminations, Layoffs, and Furloughs
  • Developing Business Response to Pandemics (COVID-19) and other Natural Disasters
  • Affordable Care Act Compliance
  • Unemployment Claims
  • Public Employee Grievance and Hearing matters
  • Best Practice Employee and Diversity in the Workplace Training
  • OSHA and Workplace Safety Compliance
  • Developing Response to Defamatory Attacks on Businesses
  • Protecting Business Trademarks and Intangible Assets
  • Due Diligence of Employment Compliance for Acquisitions

These are just some of the many services our Firm provides to employers across the nation. As employment law attorneys, our goal is to ensure you have the maximum in legal protection and that you take steps to insulate yourself from employee claims, government investigations, and lawsuits.

Form I-9 and Immigration Compliance

Monty & Ramirez has represented  clients  involved  in  the  largest government raids in U.S. history at different stages of Immigration and Customs Enforcement (ICE) investigations. Our attorneys represent clients faced with Notices of Inspections (i.e., I-9 audits) and ICE raids. The Firm has been most effective in reducing the company’s liability when we get involved early, but we also equally provide value once retained in these matters. The Firm recognizes and understands how to stay compliant with immigration matters,  and  with  the Firm’s help, we can assist a client incorporate policies and procedures in line with ICE’s best hiring practices to minimize risk and avoid liability.

Our Firm routinely provides training to our clients regarding immigration compliance throughout the hiring and employment process. Our immigration compliance activities include:

  • Representation of employers during ICE notice of inspections (NOI) and raids
  • Form I-9 and immigration compliance auditing
  • Immigration and Form I-9 compliance training
  • Implementation of immigration best practices and policies
  • Implementation of E-Verify and Form I-9 oversight
  • Due diligence in acquisition of employers with large workforces
  • Contesting Notice of Intent to Fine from ICE
  • Due Diligence of Form I-9s and Workforces for Acquisitions

Labor and Union Matters

Monty & Ramirez provides proactive advice to protect employers and address union-related issues. Our attorneys represent clients in industries that traditionally have a strong union presence. The Firm also represents clients before the National Labor Relations Board (NLRB). Whether you identify a union presence, employees seeking to conduct a union election, or an employee files a charge with the NLRB, our team has the necessary experience to represent and help your company navigate these issues.

Contact Monty & Ramirez Today

Your company needs a law firm it can trust, and Monty & Ramirez has a successful track record.  The Firm has board certified attorneys in labor & employment who are qualified to handle your matter. Contact the Firm today to speak with an experienced attorney to discuss how our Firm can help your business.

Monty & Ramirez Employees Lead Labor And Employment Law Attorneys

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