Carmen N. Decot is a partner and litigation attorney with Foley & Lardner LLP and is a member of the firm’s Labor & Employment Practice and Automotive and Food & Beverage Industry Teams and Manufacturing Sector. Carmen represents and counsels employers in all aspects of the employer-employee relationship, including but not limited to, compliance with complex statutory and regulatory requirements under the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Americans with Disabilities Act (ADA), Executive Order 11246, and other affirmative action laws and regulations; union grievances, National Labor Relations Board charges, and labor arbitrations; employment litigation before federal, state, and local courts and administrative agencies; reductions in force; and various matters related to employee recruitment, hiring, performance, discipline, and discharge. Carmen also provides clients with practical guidance and proactive counseling regarding best practices designed to help employers avoid labor and employment disputes and comply with the law.
Representative Experience
- Provided strategic advice for a manufacturing client in all areas of labor and employment law, including labor arbitrations, wage and hour related issues, and employment litigation matters.
- Obtained summary judgment victories for an automotive industry client in religious discrimination and multi-plaintiff gender discrimination and retaliation lawsuits.
- Successfully defended a food and beverage industry client in numerous employment litigation and labor matters.
- Played a key role in a major restructuring effort for a media client by advising on compliance with federal and state anti-discrimination laws, WARN Act notice requirements, contract compliance, and wage and hour issues and successfully defended the client in multiple post-restructuring employment discrimination lawsuits and administrative agency proceedings.
- Provided proactive compliance counseling in the areas of employment discrimination, family and medical leave, and affirmative action compliance to an energy industry client.
- Successfully represented a health care industry client in a variety of employment matters, including federal wage and hour litigation, federal and state employment discrimination matters, and a federal Section 1983 lawsuit and appeal.
Awards and Recognition
- Recognized by Chambers USA: America’s Leading Lawyers for Business for Labor and employment law (2019-2023)
- Named to the Wisconsin Super Lawyers – Rising Stars® lists (2012 – 2016)
- Named to the Wisconsin Law Journal’s list of “Up and Coming Lawyers” (2012)
Affiliations
- Wisconsin Bar Association
- American Bar Association
- Association for Women Lawyers
- Milwaukee Young Lawyers Association
- Hispanic National Bar Association
- Wisconsin Hispanic Lawyers Association
- Serves on the board of the Labor & Employment Law Section for the State Bar of Wisconsin
Community Involvement
- Pro bono litigation counsel
- Served in domestic violence injunction hearings and court-appointed civil rights cases in addition to representing various pro bono clients in employment matters
- Volunteer legal counsel, Better Business Bureau of Wisconsin
- Member, board of directors, Wisconsin Equal Justice Fund
- Volunteer, Milwaukee Bar Association’s Milwaukee Justice Center project
- Providing counseling to low income persons in need of basic legal services
- Member, United Way’s Emerging Leaders
- Member, Brain Injury Association of Wisconsin
- Member, University of Wisconsin-LaCrosse Alumni Association
- Member, University of Wisconsin-Richland Alumni Association
Presentations and Publications
- “Fair Labor Standards Act Update,” Milwaukee Area Compensation Association Meeting (March 20, 2014)
- Co-presenter, “Section 503/VEVRAA Final Rules: A Practical Primer For What You Need To Do To Comply And When,” Foley & Lardner LLP Inner Workings Web Conference (March 4, 2014)
- “Section 503/VEVRAA Final Rules: Your Questions Answered?,” The OFCCP Digest (February 27, 2014)
- Co-presenter, “What To Do When The OFCCP Comes Knocking,” The Local Job Network Web Conference (February 25, 2014; October 30, 2012)
- Co-presenter, “OFCCP Compliance 101,” The Local Job Network Web Conference (January 28, 2014; July 17, 2013)
- “Trick or Treat: Final Veterans/Disabled Rules Contains a Few Additional Surprises for Federal Contractors,” Labor & Employment Law Perspectives (October 28, 2013)
- Co-presenter, “Federal Contractors – Your Compliance Review Survival Guide,” Wisconsin State Society of Human Resources Management Conference, LaCrosse, WI (October 10, 2013)
- Panelist, “Fun (Yes, Fun) With The FMLA,” Foley & Lardner LLP Labor & Employment Summit (October 2, 2013)
- Co-presenter, “The Intersection of the ADA, FMLA, and Workers’ Compensation,” Foley & Lardner LLP Inner Workings Web Conference (March 21, 2013)
- “Employers Must Begin Using New FMLA Forms and Poster by March 8, 2013,” Labor & Employment Law Perspectives (March 4, 2013)
- “EEOC Issues Guidance on Employer Response to Victims of Domestic Violence, Sexual Assault, or Stalking,” Labor & Employment Law Perspectives (November 5, 2012)
- “EEOC Issues Updated Guidance on Consideration of Arrest and Conviction Records,” Labor & Employment Law Perspectives (May 7, 2012)
- “Revised Memorandum of Understanding Warns Employers About Coordinated Enforcement Efforts of the OFCCP and EEOC,” The OFCCP Digest (April 16, 2012)
- Co-presenter, “Deployment to Employment: Overview of Military Veterans’ Employment Rights,” Foley & Lardner LLP Inner Workings Web Conference (February 23, 2012)
- Co-presenter, “Mission Re-employment: Employers’ Legal Obligations to Military Veterans,” Avant Resources Web Conference (January 31, 2012)
- “OFCCP’s Proposed Scheduling Letter Expands the Scope of Data Requested and Increases the Burden on Contractors,” The OFCCP Digest (November 14, 2011)
- Co-author, “Growing Risk: FCPA Exposure for Foreign Companies”, Law360 (March 16, 2011)
- “Ames v. Home Depot and Employee Substance Abuse,” Employment Law360 (February 4, 2011)
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Independent Contractor and Joint Employer Challenges — the New Rules from the NLRB and DOL
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NLRB’s Latest Memo Serves as a Grinchy Reminder of Upcoming Changes for Representation Elections
As if it weren’t already clear that employers will be receiving only lumps of coal in their stockings from the National Labor Relations Board (NLRB) this year, on December 8, 2023, the NLRB’s General Counsel published a memo that serves as a “Grinchy” reminder regarding the union-friendly changes that are scheduled to take effect for union representation elections immediately after the Christmas holiday on December 26, 2023.
Foley Represents Novacap in Investment in Harmony Healthcare IT
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