Employment Practices

The Prevention Basics Program is designed to address three primary steps a business can take to reduce its legal employment-related risk: (1) draft and/or review legally-compliant and up-to-date employee handbooks and personnel policies; (2) educate supervisors and managers regarding obligations under the law, including the obligation to refrain from and remedy harassment in the workplace; and (3) seek and receive high-quality legal advice and counseling from an experienced employment lawyer.  The program identifies the services needed by businesses/non-profits over the course of the next twelve months, but always includes the three core areas identified above. 

Once the scope of services is agreed upon, the total cost for the service will be calculated and the business will pay a pro-rata share monthly.  Businesses participating in the Prevention Basics Program receive a 15 percent discount on any other services that may be desired or required during the term of participation.

Contact Us for more information about the Prevention Basics Program.

Other employment law services handled by Employers Legal Resource Center:

Advice and Consulting

The Employers Legal Resource Center provides counseling and advice on a wide variety of employment and business-related legal matters including employee/independent contractor classification, overtime and other wage & hour issues, employee hiring (including background checks), requests for accommodation, drug testing, leave of absence, complaints of harassment or discrimination, employee discipline and termination.  Attorneys at the Employers Legal Resource Center stay abreast of changes in the law in addition to responding to inquiries from businesses.  Attorneys will affirmatively notify the businesses with whom they regularly work regarding changes that may affect them.

Employment Law Audits

One of the best ways to determine an organization’s level of risk in the employment field is to conduct an employment-law audit.  During the audit, an attorney will review, among other things, the processes and policies related to the hiring process, establishment of pay, postings, record-keeping and document retention, as well as employee promotion, evaluation, discipline and termination. 

Document Drafting and Review

The Employers Legal Resource Center regularly drafts and reviews key employment policies and agreements, such as executive employment contracts and compensation agreements, job descriptions, applications and other hiring material, employment policies, disciplinary action memos/ performance improvement plans, and separation agreements.  In any employment-related dispute, an organization’s own documents will be primary pieces of evidence as juries are more often persuaded by the written word  than by oral testimony.  Whether your business’ documents are evidence on behalf of the complaining employee or you often depends on how well-crafted they are. An attorney who not only knows employment law but also employment litigation is in the best position to review a document that memorializes something of importance to your business.

Internal Investigations

How a business responds to a claim of harassment, request for accommodation, or complaint of unfair treatment/discrimination in the hiring, promotion, pay or other practice is absolutely critical.  If the investigation is handled properly and prompt action is taken on the results, a business may be able to avoid liability even if the investigation reveals a probable violation of the law.  On the other hand, if handled poorly, an investigation can be used against the employer as further evidence of unlawful discrimination.  The Employers Legal Resource Center is experienced in handling investigations ofprotected complaints and can either work with your organization’s designated personnel or conduct the investigation for you.

Training

As lawmakers, regulators, and courts expand the rights of employees in the employment relationship, the burden increases on employers to train employees on compliance with these laws. Let the ELRC provide enthusiastic and informative training for your management and employees on a wide variety of employment related topics such as:

  • Discrimination and Harassment. There are two versions of this training – one for supervisors only, and one for all employees. During this training, employees will be taught to identify protected classes of persons as well as conduct that is prohibited under federal and state anti-discrimination laws. We will explore, explain, and identify in detail various types of discrimination, including differential treatment, unintentional discrimination, and retaliation. We will also discuss common mistakes made by employers in hiring and the discipline/termination processes. Finally, employees will learn to recognize acts of harassment and be trained on the proper complaint and response procedures specific to your company.

  • American with Disabilities Act. Supervisors will learn who is a qualified individual with a disability and entitled to protection under the Americans with Disabilities Act (ADA). They will also learn how to identify a request for accommodation, what their responsibilities are once a request for accommodation has been made, and what constitutes a reasonable accommodation.

  • Family and Medical Leave Act. Supervisors will be trained on when leave is required under the Family and Medical Leave Act (FMLA), how to recognize and designate leave as FMLA, and how to handle specific troubling areas such as: intermittent leave, and the interplay between leave under the FMLA, Worker’s Comp, and the ADA.

  • Compliance with Wage and Hour Laws/Fair Labor Standards Act. Employees and/or supervisors will learn about the minimum wages to be paid under applicable wage and hour laws in addition to various exceptions to those laws and when those exceptions apply. Participants will also be trained on how to classify employees as exempt or non-exempt for determining overtime pay, what constitutes “hours worked” under the Fair Labor Standards Act (FLSA), and how to avoid losing the exempt status of certain employees because of improper docking of pay.

  • Ethics. Certain employers are required to train on ethics, such as publicly-traded companies and certain federal contractors. However, ethical training is recommended for all employees to deter prosecution or reduce the range of potential crimes in the event of ethical violations by a corporate defendant and/or its officers, directors, or managers. Ethics training covers the company’s specific code of ethics, the reporting procedures for confidential reporting of complaints about audit and financial issues, and the anti-retaliation provisions applicable to protect whistle-blowers. Regular, up to date training can help supervisors and employers better understand what their obligations are, and reduce the employer's risk of liabiltiy and the imposition of punitive damages.

 

Disputes and Litigation

Sometimes, despite every reasonable effort, disputes and litigation occur.  When that happens, the experienced attorneys at Employers Legal Resource Center are ready to handle the dispute.  From responding to inquiries from the Labor Commissioner, Workers’ Compensation, the Unemployment Commission, or the Equal Employment Opportunity Commission, to representing our clients in the state and federal courts, the attorneys at the Employers Legal Resource Center have the experience to effectively assist our clients.   Among the many employment-related disputes handled by our attorneys are:

  • Affirmative Action/ DOL Office of Federal Contractor Compliance Programs Audits
  • Employee Privacy and Defamation
  • Disability Accommodations and Access
  • Harassment and Discrimination
  • Whistleblower Actions
  • Unfair Competition and Trade Secrets
  • Wage and Hour
  • Protected Leave, including the Family and Medical Leave Act
  • Wrongful Termination and Reductions in Force

 

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