Compliance and Counseling

Compliance and Counseling

Overview

One of the first principles of our Labor and Employment team is to keep our clients out of the courtroom whenever possible. To do this, we routinely offer counsel on a wide range of legal issues involving personnel policies and practices.

We advise clients on compliance topics including, among others:

  • wrongful termination
  • claims of discrimination and harassment
  • employer investigations
  • employment policies and handbooks
  • employment contracts and severance agreements
  • federal and state anti-discrimination laws
  • leave of absence laws
  • disability issues and accommodation
  • religious accommodation
  • wage and hour and wage payment laws
  • commission and other pay plans
  • OSHA
  • employment applications and personnel forms
  • affirmative action plans
  • drug testing policies and programs
  • reductions in force/WARN compliance
  • workplace violence prevention and intervention
  • independent contractor/employee analysis
  • personnel policy audits
  • data privacy and data breaches
  • confidentiality and non-compete agreements

Our attorneys have extensive experience advising employers as to their obligations under the Americans with Disabilities Act and the Family Medical Leave Act. Our services include counseling human resource personnel, drafting leave and reasonable accommodation policies, and training managers on federal and state leave laws.

As part of our mission to help clients avoid litigation, we regularly assist clients with preventative human-resource audits to ensure compliance with state and federal law. Audits may consist of employee handbooks or employer policy review, wage and hour compliance audits, diversity audits, or preventative adverse impact analyses to ensure that equal employment opportunity requirements are being followed.

We also provide client-specific training regarding general liability avoidance, including hiring, interviewing, disciplining, discharge and severance agreements. Our attorneys frequently provide training regarding harassment, FMLA leave, leave as a reasonable accommodation under the ADA, federal and state wage and hour exemptions, and HIPAA.

We have counseled and represented clients on a range of OSHA-related matters, including one that experienced a workplace fatality resulting from an explosion at their facility. We successfully handled the OSHA investigation of the incident (among those by other governmental agencies). In addition, we led our client’s internal investigation into the incident.

We routinely counsel federal-contractor clients on regulatory developments and initiatives issued by the Office of Federal Contract Compliance Programs (OFCCP). Our attorneys have represented clients in OFCCP compliance reviews (at the desk-audit phase, on site, and behind the scenes). We have helped clients successfully complete audits at the desk-audit phase, negotiated with the OFCCP over the terms of conciliation agreements, and helped clients fulfill any additional reporting obligations imposed by those agreements. In addition, we offer clients assistance with drafting affirmative action programs that comply with OFCCP requirements.