Labor, Employment & Immigration

Winstead represents employers in all facets and at all stages of labor and employment relations.  Our work ranges from preventive advice, risk assessment and training to litigation, and representation under all the federal and state labor and employment laws affecting employers today. 

Industry strengths include manufacturing, transportation, construction, national retail, healthcare and technology, and our clients range from Fortune 500 to mid-sized companies.  Legal departments and HR professionals rely on our 24/7 accessibility, deep experience and ability to not prolong disputes and complicate issues.

Labor and Employment Depth and Experience

Client:  A National Retailer
Issue:   Wage and Hour Collective Actions
Outcome: Reached a favorable resolution on wage and hour collective actions by assistant managers against our client.  Litigation included high participation of opt-ins and through our strategy we eliminated the litigation threat for our client nationwide.

Client: A Brand-Name Directory Publisher
Issue:  Multiple Discrimination Claims
Outcome:  Achieved summary judgment and dismissal on nearly all of the multiple discrimination allegations made by a single plaintiff against our client.

Client:  An Orthopedic Surgical Group
Issue:  Sexual Harassment
Outcome:  Obtained summary judgment as to numerous and contentious harassment claims.

Client:  A Freight Forwarding Company
Issue:  EEOC Claims
Outcome:  Successfully defended client as to high profile EEOC charges.

Client:  An International Manufacturing Company with Texas-based operations
Issue:  Union Negotiations
Outcome:  Prevailed at arbitration and upheld our client’s ability to close a manufacturing plant against union objections.

Client:  Numerous Large and Mid-Size Employers
Issue:  Compliance and Litigation Avoidance
Outcome – Ongoing:  Assist employers in complying with federal and state laws regarding wage and hour issues, Department of Transportation regulations governing safety in the workplace, OSHA, and drafting supportive employment manuals and other personnel policies that decrease the risk of liability for employers.

Immigration Depth and Experience

Clients:  Multiple Employers and Foreign Nationals
Issue:  Visas
Outcome: Secure temporary and permanent work visas including alien labor certifications, advance parole, permits to reenter and adjustment of status to permanent resident status.

Clients:  National and Texas-Based Employers
Issue:  Employer Compliance
Outcome:  Represent and counsel on compliance with I-9 Verification of Employment Authorization practices and defend Worksite Enforcement Proceedings and Administrative Civil Fine Proceedings.

Clients:  Foreign Nationals and Permanent Resident Aliens
Issue:  Immigration and Customs
Outcome – Ongoing:  Represent these clients in Immigration and Customs Enforcement Proceedings including removal and deportation before the U.S. Immigration Courts, Board of Immigration Appeals, and the United States District Courts, United States Court of Appeals and United States Supreme Court.

Clients:  U.S. Employers
Issue:  Immigrant and Nonimmigrant Visa Petitions
Outcome: Obtain H-1B, L-1, E, J, K, TN, blanket petitions, permanent residency, labor certification and reduction in recruitment requests.

Snapshot of Labor, Employment and Immigration Strengths

Clients who are seeking the most aggressive and responsive labor and employment counsel call Winstead in the following areas: 

  • Counseling and Preventative Law/Training
  • Workplace Investigations
  • Discrimination and Leave Issues
  • Employment Litigation
  • Immigration
  • Traditional Labor
  • Executive Compensation
  • Noncompetition and Trade Secrets Litigation
  • Employment Privacy
  • OSHA and Workplace Disasters
  • Nonsubscription to Workers’ Compensation
  • Wage and Hour Litigation

Next Steps

Regardless of the employment issues facing your business, we have the experience, efficient team approach and proven track record to help you confront and move beyond any employment issues and risks faced by your organization.  Clients invite us into their inner circles, trust our guidance, and many of them have considered us their go-to employment counsel for decades.  When you’re ready for the next tier of labor and employment counsel, contact Winstead.

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