Jordan B. Schwartz is a partner in Conn Maciel Carey’s Washington, DC office.
Mr. Schwartz advises employers on a wide range of complex employment-related issues and advises properties regarding all aspects of compliance with the Americans with Disabilities Act (ADA). He defends employers against claims of discrimination and harassment, misappropriation of trade secrets, and wage and hour violations. He also counsels employers on all aspects of the employer-employee relationship. His practice includes the following:
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Title III of the ADA. Mr. Schwartz represents property owners and managers against claims brought by patrons alleging lack of accessibility under Title III of the ADA. Mr. Schwartz routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA. Mr. Schwartz also specializes in ensuring that company websites comply with all applicable ADA requirements.
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Wage & Hour Law. Mr. Schwartz has extensive experience advising on and defending against claims under the Fair Labor Standards Act and state wage and hour laws, including issues involving minimum wage, calculation of overtime, misclassification of independent contractors, exempt status of employees, meal/rest breaks, tip pooling, automatic gratuities and service charges.
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Non-compete Agreements and Trade Secrets. Mr. Schwartz litigates claims of breach of non-compete agreements and non-solicitation agreements, as well as claims of misappropriation of trade secrets and unlawful possession of confidential information. He also drafts cease-and-desist letters, negotiates restrictive covenants, and advises clients on hiring employees subject to post-employment restrictive covenants.
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Harassment and Discrimination. Mr. Schwartz defends employers accused of harassment, discrimination and retaliation based on race, religion, national origin, age, sex, disability, and pregnancy. He also advises employers on the proper procedure for conducting internal investigations of discrimination and harassment claims.
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Employment Counseling. In addition to his litigation practice, Mr. Schwartz counsels clients on the full spectrum of employment issues, including hiring and termination, employment and separation agreements, executive employment and compensation matters, Family Medical Leave Act (FMLA) issues, employee handbooks and manuals, reduction-in-force programs, and compliance with the WARN Act. Mr. Schwartz specializes in issues relating to drug testing and, in particular, helps employers craft appropriate workplace policies regarding employees’ use of medicinal and recreational marijuana. Mr. Schwartz also conducts training programs for his clients on harassment, discrimination, and diversity.
Mr. Schwartz practices across a range of different industries, and has extensive expertise in the hospitality, club, and retail industries.