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About this industry


Our Fitness industry team provides legal and strategic business solutions to fitness and health-centered businesses across the United States, from single operations to multistate chains, franchises and corporate fitness companies.

Whether you are a neighborhood gym or a national franchise, operating a business in the health club and fitness industry involves multiple moving parts, such as member and employee safety, professional trainer arrangements, and equipment maintenance. In this era of customization, gyms across the country are also exploring innovative ways to harness technology to enhance the user experience. We understand that managing your workforce and complying with all wage and hour, safety and privacy mandates is only one aspect of running a successful fitness enterprise. Whether we are counseling on compliance or litigating a workplace dispute, our goal is always to obtain a favorable outcome while helping you run a business with an engaged and growing membership base.

Our deep experience with federal, state and local laws and the regulatory concerns impacting our fitness clients allows our Hospitality industry team of more than 300 attorneys to provide a full menu of services.

Preventive wage and hour strategies

  • Exempt status
  • Application of the inside sales exemption
  • Pay structures for various employees, including personal trainers, group fitness instructors, individualized fitness instructors and/or regular hourly and managerial staff members
  • Implications of private in-home training sessions
  • Independent contractor issues
  • Treatment of managers who also work in other capacities
  • Recording hours worked, including travel time
  • Off the clock work
  • Reimbursements for expenses including certifications, music, cell phones, uniforms and fitness equipment
  • Do you really have to pay someone just for showing up?
  • Paystubs
  • Deductions from pay
  • Rest/meal periods
  • Equal pay issue

Guest relations

  • Guest discrimination and accommodation
  • Harassment
  • Fraternization
  • Protection of identity of VIP clients (AKA whales)

Employee relations

  • Sexual and other harassment claims
  • Age and other discrimination claims
  • Confidentiality (trade secrets and more)
  • Reasonable accommodation — religion/disability
  • Service animals
  • Marketing and advertisements
  • Social media
  • Privacy-related policies
  • Strategies to train managers/staff
  • Safety compliance
  • I-9 and E-Verify audits


  • Crisis management
  • Safety planning
  • Image
  • Recruitment practices
  • Email communication

Labor relations

  • Preventive labor relations programs for union-free and unionized employers
  • Negotiations, picketing and strike management for unionized employers
  • Labor arbitration

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