Labor and Employment
Nolla, Palou & Casellas, LLC counsels clients on every type of labor and employment law issue facing employers today. From defending employers in the growing wave of employment litigation, to counseling companies on the design, drafting, implementation and application of human resources policies, to offering on-premises seminars and training.
We are a firm with unparalleled experience in counseling, litigation and training in all areas of management labor and employment law, such as discrimination, civil rights, harassment of all types, including sex, disability, race and emotional harassment, wrongful terminations, wage and hour, labor-management relations, retaliation, occupational safety and health, workers' compensation and all types of leaves of absence authorized in Puerto Rico. We handle the full range of management labor and employment law issues with the required depth and the highest level of experience and efficiency.
We have assisted enterprises setting up operations, and in transfers of control through sale or purchase of stocks or assets, as well as reductions-in-force and plant closings.
Employment Law Litigation. We defend individual, multi-plaintiff, multi-defendant and class action discrimination cases, as well as class actions for purported wages & hours violations under the Fair Labor Standards Act (FLSA) and Puerto Rico’ legislation. We have an in-depth and constantly evolving knowledge of the federal discrimination statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), Section 1981 of the Civil Rights Act and their local counterparts. We combine this substantive knowledge with our proven litigation skills inside and outside the courtroom, as well as before the federal and local agencies that administer these laws, to achieve successful outcomes for our clients.
Our Labor and Employment Law attorneys have handled class action litigation and multiparty employment cases, including discrimination, wage & hour issues, wrongful termination, white collar and other exemptions under federal and local law. Complex cases handled also include whistle-blowers' protection, retaliation, defamation, libel and slander. In regards to discrimination issues, we have undertaken first impression cases regarding sexual harassment, the definition of disabled person, the employer's duty to accommodate an employee with a disability under various federal and local laws, perceived disabilities and the workers' compensation employment leave and right to reinstatement.
Our experience litigating employment law cases also enables us to assist our clients in avoiding employment litigation altogether or, when such disputes do arise, minimizing the employer’s exposure effectively.
Our attorneys are skilled in conducting on-site audits and internal reviews to assess your company’s compliance with federal and local employment laws and to develop a comprehensive strategy for avoiding and managing the risk of employment litigation.
Moreover, when a claim does arise, we work efficiently to conduct a prompt, thorough investigation of the basis for the claim so that we are best positioned to advise the client immediately on the most effective litigation defense strategy.
Internal Investigations and Advice. The attorneys at Nolla, Palou & Casellas, LLC have conducted confidential internal investigations for some of the most prominent companies in Puerto Rico. We are experienced in developing a well-planned strategy for conducting highly sensitive internal investigations of allegations of sexual harassment, fraud, misappropriation of assets and other criminal activity, or other improper behavior at every organizational level of a company. We respond immediately and work efficiently to provide effective, practical legal advice that protects our client’s interests.
Human Resources Counseling. Our firm represents many employers of all sizes and different industries. The breadth and depth of our experience assisting employers manage their day-to-day human resources issues is a unique asset to our clients. We work confidentially and creatively with clients to develop personnel policies and practices that address their strategic and operational objectives while ensuring compliance with the governing laws and "best practices" in their industry.
Specifically, we advise employers on the design, implementation and application of corporate policies, employee handbooks and reductions-in-force (RIFs), as well as the complete spectrum of labor and employment law issues arising out of mergers, acquisitions and corporate reorganizations, employee terminations, and leaves of absence, including the Family and Medical Leave Act (FMLA) , workers’ compensation, disability-related leaves of absence, among other leaves of absence.
Labor Management Relations and Collective Bargaining. In the area of Labor Management Relations, our firm represents management in the negotiation of collective bargaining agreements, employer campaigns in union representation cases, proceedings before the NLRB and PR Labor Relations Board in unfair labor practice cases, arbitration, strike administration and injunctive relief to protect management rights.
Seminars and Training. Nolla, Palou & Casellas, LLC provides on-site harassment prevention training and seminars to employers ranging from major multi-national companies to emerging businesses in many different industries. We work closely with clients to develop training programs tailored to their particular workplace concerns and employee demographics. Whether the training is for broad groups of line employees, supervisors and managers or small numbers of executives, we provide interactive training that focuses on avoiding certain situations that may expose the employer, the managers and the individual employees to liability for sexual, racial or other forms of unlawful harassment or discrimination.
Employment Agreements, and other Restrictive Covenants. We assist clients in retaining valued employees and protecting trade secrets, intellectual property and other confidential and proprietary information available to executives and other personnel through the design, negotiation and enforcement of employment agreements, as well as non-competition, non-solicitation and confidentiality/non-disclosure agreements. We also litigate the breach of such agreements and all related tort claims, including fraud, tortious interference, misappropriation of trade secrets, conversion and breach of fiduciary duties and the duty of loyalty. On the same token, our attorneys have also assisted employers defending from such claims.