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EMPLOYMENT ADVICE
A significant portion of our practice is devoted to helping clients prevent litigation by providing practical and effective counsel on the full range of employment issues, including:
- hiring, promotion, discipline, discharge, and layoff decisions;
- labor and employment law issues arising out of corporate transactions such as mergers and acquisitions;
- responding to leave of absence requests without incurring liability under the Family and Medical Leave Act, the Americans with Disabilities Act, and/or state workers’ compensation and disability laws;
- responding to requests for “reasonable accommodation” of disabilities;
- responding to religious accommodation requests;
- enforcing or limiting non-compete and non-solicitation agreements;
- classifying employees as "exempt" or "non-exempt" under the Fair Labor Standards Act;
- managing contingent workers, such as independent contractors, part-time employees, leased employees, and telecommuters;
- conducting lawful background checks on applicants and employees;
- privacy issues, such as alcohol and drug testing, video surveillance, e-mail and voicemail monitoring; and
- investigating allegations of employee misconduct, including sexual harassment.
We have drafted, reviewed, and revised ---
- employment applications;
- employee handbooks;
- personnel policies and procedure manuals;
- individual employment policies;
- disciplinary notices;
- layoff notices;
- investigation protocols;
- employment agreements;
- independent contractor agreements;
- confidentiality agreements; and
- non-compete agreements.
In addition, we have conducted Employment Practices Audits in which we review all of a client’s existing employment procedures, including any and all of the following, and more:
- recruitment and interviewing procedures;
- wage and hour procedures such as time keeping and employee classification;
- evaluation procedures;
- disciplinary policies and procedures;
- investigative policies and procedures;
- leave of absence policies and procedures;
- accommodation policies and procedures;
- confidentiality and trade secret protections;
- employment contracts and independent contractor agreements; and
- record retention procedures.
The Employment Practices Audit is a recommended tool for avoiding litigation and minimizing liability.
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