Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
With a weakened economy, employers are continually seeking new ways to cut costs. Although the reduction of employee headcount obviously can reduce the payroll budget, employers often still need people to perform the work. With that in mind, companies are more frequently turning to independent contractors to accomplish both goals—performing work at a lower cost and cutting down their payroll budgets. With independent contractors, employers have no obligation to withhold payroll taxes (or to fund the employer-matching portion of the Federal Insurance Contributions Act) or provide any benefits. Throw in the added advantage of having no overtime liability, and it is simple to see that the cost savings can be tremendous.
However, just as paying an employee a salary alone does not exempt the employee from overtime, merely labeling a worker as an independent contractor does not make one so. Increasingly, both government agencies and private citizens are fighting back against these misclassifications and seeking back taxes, benefits and other damages. Therefore, employers should use extreme caution when hiring workers solely as contractors.
Most employers realize that wage-and-hour collective actions dominate headlines and create significant problems for companies, regardless of their size. The U.S. Department of Labor (DOL) Wage and Hour Division’s statistics show that the agency recovered $185,287,827 in unpaid wages in fiscal year 2008—the most up-to-date report available. Department of Labor 2008 Statistics Fact Sheet, www.dol.-gov/whd/statistics/2008FiscalYear.htm. However, what cannot be told from those statistics is what percentage of the DOL’s cases involve misclassification of workers as independent contractors. Instead, the DOL classifies cases as minimum wage and overtime. Misclassification as an independent contractor would fit within the overtime category.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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