Employment Counseling

Overview

We partner with human resources professionals, general counsel and executives to help address and resolve complex workplace problems. We provide practical, business-oriented counseling and legal advice on various labor and employment issues aimed at litigation avoidance and identifying problems before they occur. Our goal is to empower businesses with the knowledge and tools needed to mitigate risks, enhance employee relations, and develop strategies to address workforce challenges.

Our practice is designed to help clients understand their complex legal obligations in every employment area. We strive to practice “preventive” law, which involves sensitive counseling skills and the ability to write documents that are clear, enforceable, and compliant with all relevant federal, state, and local laws and regulations.

Affirmative Action/OFCCP Compliance

• Assist employers with the development, implementation, and maintenance of affirmative action programs in compliance with Office of Federal Contract Compliance Programs (OFCCP) regulations
• Conduct internal audits, train HR personnel, and represent clients during OFCCP audits and investigations
• Handle governmental audits of affirmative action plans or programs

Employment Contracts, Handbooks, Policies & Separation Agreements

• Design, review, negotiate, and implement customized written employment contracts, policies, employee handbooks, personnel policy manuals and procedures, non-solicitation restrictive covenants, trade secrets, intellectual property, and separation agreements
• Provide strategic advice on updating policies to reflect changes in the law, reducing the risk of litigation, and fostering a positive work environment
• Review and design employment applications, background check forms, onboarding documentation, disciplinary forms, performance appraisals, interview guidelines, and job descriptions
• Design and implement drug and alcohol testing programs and policies
• Create plans to reduce or restructure the workplace, including preparing general releases and waivers, negotiation with unions, disparate impact analysis, and compliance with Worker Adjustment and Retraining Notification (WARN) Act requirements
• Review general and employment practices liability insurance agreements
• Formulate strategies and policies to reduce potential legal exposure stemming from employee use of the internet, e-mail, voicemail, telephone, computer, or other communication devices in the workplace
• Develop written policies on workplace privacy, data security, artificial intelligence technologies, including generative AI, machine learning algorithms and data analytics
• Provide advice on legal and regulatory implications of using AI in the workplace
• Ensure clients are in compliance with Federal and state mandated posters

Employment Solutions, Counseling & Training

• Educate and train managers and employees about the “do’s and don’ts” in a rapidly changing work environment
• Day-to-day HR advice regarding employee hiring, discipline, evaluation, discharge and retention
• Provide strategies and advice to clients regarding employee absences, leave entitlements, outsourcing of leave administration, and accommodation of religion, disabilities, pregnancy, childbirth, and related medical conditions, including compliance with Family and Medical Leave (FMLA), Americans with Disabilities Act (ADA), Pregnant Workers Fairness Act (PWFA), and Uniform Services Employment and Reemployment Rights Act (USERRA)
• Offer training programs on topics such as employment law compliance, harassment prevention, workplace violence prevention and crisis response, internal investigations, ADA, FMLA, PWFA, positive employee relations, managing employee terminations, and managing remote workforce,
• Advise clients on how to conduct lawful background checks and employee investigations
• Conduct internal audits to identify potential legal problems
• Conduct workplace investigations
• Educate and train employees regarding technology use, data privacy, cybersecurity issues
• Investigate sexual harassment and other unlawful discrimination charges
• Manage employee terminations
• Advise clients on disaster preparedness and developing policies to address future emergencies, epidemics or pandemics
• Counsel clients on whistleblower compliance and strategies to prevent claims
• Educate and train managers regarding labor management relations, union avoidance, “dos and don’ts” during union organization campaign, and compliance with National Labor Relations Act

Independent Contractor & Staffing Agreements

• Draft and negotiate independent contractor and staffing agreements that protect clients’ business interests and ensure compliance with applicable laws
• Advise on the classification of workers and help minimize the risks of misclassification
• Assist with creating agreements that clearly define the terms and expectations of the working relationship

Wage & Hour Compliance

• Educate clients regarding compliance with federal and state minimum wage laws, child labor laws, unemployment compensation, and a variety of issues related to the appropriate payment of compensation to employees
• Help employers navigate the complexities of the Fair Labor Standards Act (FLSA) and state wage laws
• Conduct compliance audits
• Help develop payroll practices
• Advise clients on FLSA issues relating to tipped employees, such as drafting and implementing policies relating to the sharing or pooling of tips, and drafting tip create notices