Employment law encompasses a broad range of issues affecting virtually every aspect of the employer-employee relationship. Every company needs to be aware of the potential pitfalls that may either facilitate an employee’s ability to make a claim of unfair or illegal treatment or that may compromise an employer’s ability to mount a successful defense to that claim.
We provide advice to companies to avoid or reduce an employer’s exposure to employment or discrimination litigation and, if necessary, we provide an effective defense to employment related lawsuits. Common areas include:
Wage And Hour Laws.
- Employers’ duties with respect to the payment of wages.
- Employees’ entitlement to wages or the payment of fringe benefits.
- Employees’ entitlement to overtime pay (classification of “exempt” or “non exempt” employees).
- Meal period or work break requirements.
- Employee versus independent contractor classification.
- The Fair Labor Standards Act.
- State Minimum Wage Act(s).
Terms And Conditions Of Employment.
- Employee manuals.
- Letters offering employment.
- Oral promises made in advance of employment.
Workplace Discrimination Laws (e.g., race, gender, sexual harassment, age, national origin, disability and retaliation).
- State Fair Employment Practices Acts.
- Title VII of the Civil Rights Act of 1964 (“Title VII”).
- The Age Discrimination in Employment Act of 1967 (“ADEA”).
- The Americans with Disabilities Act of 1990 (“ADA”).
- The Equal Pay Act.
Other Laws Affecting The Employment Relationship.
- State Personnel Records Acts.
- The state and federal Family and Medical Leave acts.
- State Free Speech Statutes.
- State Whistleblower Statutes.
The termination of employment is an area with specific “dos” and “don’ts.” We counsel companies in employment termination issues. The way in which employment is terminated can be critical, as certain claims can be created during the termination process, depending on what is said or if the termination process is clumsy or is perceived as abusive.