Corporate Law - Employment Law and HR Compliance

Employment Law Services

Employment law governs the relationship between employers and employees. Compliance with complex federal, state, and local regulations is essential to avoid costly litigation and regulatory penalties.

Our Employment Law Services

Policy Development

• Employee handbooks
• Code of conduct policies
• Disciplinary procedures
• Leave and time-off policies
• Remote work policies
• BYOD and technology use
• Social media policies

Employment Agreements

• Executive employment contracts
• Offer letters
• Independent contractor agreements
• Non-compete agreements
• Non-solicitation agreements
• Confidentiality agreements
• Severance agreements

Compliance Counseling

• Federal law compliance (Title VII, ADA, FMLA, FLSA)
• State and local requirements
• Wage and hour compliance
• Benefits compliance
• Workplace safety (OSHA)
• Immigration compliance (I-9, E-Verify)

Workplace Investigations

• Harassment and discrimination complaints
• Whistleblower allegations
• Theft and misconduct
• Policy violations
• Documentation and reporting
• Remediation recommendations

Key Employment Laws

Federal Employment Laws

Title VII (Civil Rights Act of 1964):

• Prohibits discrimination based on:
  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, gender identity)
  • National origin
• Applies to employers with 15+ employees
• Covers hiring, firing, promotion, compensation

Americans with Disabilities Act (ADA):

• Prohibits disability discrimination
• Requires reasonable accommodations
• Interactive process obligations
• Medical examination restrictions
• Applies to employers with 15+ employees

Age Discrimination in Employment Act (ADEA):

• Protects workers 40 and older
• Prohibits age-based decisions
• Applies to employers with 20+ employees
• OWBPA requirements for waivers

Fair Labor Standards Act (FLSA):

• Minimum wage requirements
• Overtime pay rules
• Exempt vs. non-exempt classification
• Child labor restrictions
• Record keeping requirements

Family and Medical Leave Act (FMLA):

• 12 weeks unpaid leave for qualified employees
• Job protection during leave
• Continuation of health benefits
• Applies to employers with 50+ employees
• Serious health condition defined

Immigration and Nationality Act:

• I-9 employment verification
• Anti-discrimination provisions
• Document requirements
• E-Verify participation (when required)
• Penalties for violations

State and Local Laws

Many states and localities have additional requirements:

• Higher minimum wages
• Paid sick leave mandates
• Salary history bans
• Ban the box laws
• Predictive scheduling
• Enhanced anti-discrimination protections

Hiring Process Compliance

Job Postings and Recruiting

• Non-discriminatory language
• Essential job functions
• Salary transparency (where required)
• EEO statements
• Avoiding protected characteristics

Application Process

• Lawful application questions
• Background check notices
• Fair Credit Reporting Act compliance
• Ban the box compliance
• Pre-employment testing legality

Interviewing

• Lawful interview questions
• Avoiding protected characteristics
• Consistent interview processes
• Documentation requirements
• Panel interview best practices

Background Checks

• FCRA authorization and disclosure
• Adverse action procedures
• Criminal history considerations
• Credit check limitations
• Education and employment verification

Offer and Onboarding

• Written offer letters
• At-will employment statements
• Immigration compliance (I-9 within 3 days)
• E-Verify (if required)
• New hire reporting
• Benefits enrollment

Employee Classification

Exempt vs. Non-Exempt

Exempt Employees:

• Salary basis test
• Salary level test ($684/week minimum federal)
• Duties test (executive, administrative, professional)
• No overtime pay required
• Proper classification critical

Non-Exempt Employees:

• Hourly or salary
• Overtime pay required (1.5x for hours over 40)
• Must track hours worked
• Meal and rest break requirements
• Accurate time keeping essential

Employee vs. Independent Contractor

Factors Considered:

• Behavioral control
• Financial control
• Relationship of parties
• IRS 20-factor test
• Economic realities test

Misclassification Consequences:

• Back wages and overtime
• Tax penalties
• Benefits obligations
• Employee lawsuits
• Regulatory fines

Wage and Hour Compliance

Minimum Wage

• Federal minimum wage: $7.25/hour
• State minimums often higher
• Local minimums in some cities
• Tipped employee rules
• Training wage provisions

Overtime

• Time and a half for hours over 40/week
• Workweek defined
• Compensable time rules
• On-call time
• Travel time
• Training time

Pay Practices

• Timely payment requirements
• Pay frequency mandates
• Final paycheck timing
• Deduction restrictions
• Pay stub requirements
• Record retention (3 years)

Common Violations

• Misclassifying employees as exempt
• Off-the-clock work
• Automatic meal break deductions
• Improper comp time
• Failure to pay for all hours worked

Workplace Policies

Anti-Discrimination and Harassment

• Zero tolerance policy
• Protected characteristics
• Examples of prohibited conduct
• Reporting procedures
• Investigation process
• Non-retaliation provisions

Leave Policies

Paid Time Off (PTO):

• Accrual vs. lump sum
• Use policies
• Payout at termination
• State-mandated paid sick leave

Family and Medical Leave:

• FMLA eligibility and process
• State family leave programs
• Designation and tracking
• Return to work procedures

Other Leaves:

• Jury duty
• Voting leave
• Military leave (USERRA)
• Bereavement
• Domestic violence leave

Discipline and Termination

• Progressive discipline
• Performance improvement plans
• Documentation requirements
• Just cause standards (if applicable)
• Final paycheck laws

Technology and Privacy

• Email and internet monitoring
• BYOD policies
• Social media usage
• Data security
• Remote work guidelines

Accommodations

Disability Accommodations

• Interactive process
• Reasonable accommodations examples:
  • Modified work schedules
  • Assistive technology
  • Workspace modifications
  • Job restructuring
  • Reassignment
• Undue hardship defense
• Documentation requirements

Religious Accommodations

• Sincerely held religious beliefs
• Schedule modifications for observance
• Dress code exceptions
• Undue hardship standard

Pregnancy Accommodations

• Pregnancy Discrimination Act
• Reasonable accommodations
• Lactation breaks and space
• State pregnancy accommodation laws

Workplace Safety

OSHA Compliance

• General duty clause
• Industry-specific standards
• Recordkeeping requirements (300 log)
• Injury/illness reporting
• Employee training
• Hazard communication
• Emergency action plans

Workers' Compensation

• Coverage requirements
• Injury reporting procedures
• Return to work programs
• Light duty assignments
• Retaliation prohibitions
• Safety incentive programs

Employee Benefits

Required Benefits

• Social Security/Medicare
• Unemployment insurance
• Workers' compensation
• COBRA continuation coverage
• Affordable Care Act requirements (50+ employees)

Voluntary Benefits

• Health insurance
• Retirement plans (401(k), pension)
• Life and disability insurance
• Flexible spending accounts
• Wellness programs
• Employee assistance programs

ERISA Compliance

• Plan documents and SPDs
• Fiduciary duties
• Reporting and disclosure
• Claims procedures
• Non-discrimination testing

Performance Management

Performance Reviews

• Objective criteria
• Consistent processes
• Documentation
• Improvement plans
• Connection to compensation

Discipline

• Progressive discipline steps:
  1. Verbal warning
  2. Written warning
  3. Final written warning
  4. Termination
• Documentation requirements
• Consistency in application
• Due process considerations

Terminations

• At-will employment doctrine
• Exceptions to at-will:
  • Implied contracts
  • Public policy violations
  • Discrimination/retaliation
• Termination checklist:
  • Return of property
  • Final paycheck
  • COBRA notice
  • Benefits continuation
  • Unemployment claim response

Workplace Investigations

When to Investigate

• Harassment or discrimination complaints
• Retaliation allegations
• Workplace violence threats
• Theft or fraud
• Policy violations
• Whistleblower reports

Investigation Process

1. Prompt action: Begin immediately
2. Impartial investigator: Internal HR or external attorney
3. Documentation: Written complaints and evidence
4. Interviews: Complainant, accused, witnesses
5. Analysis: Credibility and corroboration
6. Findings: Determination and documentation
7. Remedial action: Discipline, training, policy changes
8. Follow-up: Monitor for retaliation

Best Practices

• Maintain confidentiality
• Avoid bias
• Document thoroughly
• Take prompt corrective action
• Prevent retaliation
• Preserve evidence

Common Employment Disputes

Wrongful Termination

• Discrimination-based
• Retaliation for protected activity
• Violation of public policy
• Breach of contract
• Constructive discharge

Wage and Hour Claims

• Unpaid overtime
• Misclassification
• Off-the-clock work
• Missed meal/rest breaks
• Final paycheck delays

Discrimination and Harassment

• Protected characteristic-based
• Hostile work environment
• Quid pro quo harassment
• Failure to accommodate
• Retaliation

Breach of Contract

• Employment agreement violations
• Severance agreement disputes
• Non-compete enforcement
• Commission disputes
• Benefits claims

Litigation Prevention

Proactive Measures

• Comprehensive policies
• Regular training
• Consistent enforcement
• Thorough documentation
• Prompt investigation
• Legal compliance audits

When Disputes Arise

• Early legal consultation
• Attempt to resolve internally
• Consider mediation
• Evaluate settlement
• Preserve evidence
• Avoid retaliation

Multi-State Employers

Special Challenges

• Varying state laws
• Remote work complications
• Nexus and tax obligations
• Choice of law issues
• Coordinated policy management

Solutions

• State-specific handbooks
• Centralized HR compliance
• Legal counsel in each state
• Regular compliance audits
• Technology solutions

Training and Education

Required Training

• Anti-harassment (many states)
• Safety training (OSHA)
• Benefits education
• I-9 compliance

Recommended Training

• Management training:
  • Legal compliance
  • Performance management
  • Discipline and termination
  • Accommodation process
  • Investigation techniques
• Employee training:
  • Company policies
  • Harassment prevention
  • Workplace safety
  • Ethics and compliance

Get Expert Employment Law Guidance

Employment law is complex and constantly evolving. Partner with experienced counsel to protect your business and maintain compliance.

How We Help

• Proactive Counseling: Prevent problems before they arise
• Policy Development: Create compliant, practical policies
• Training: Educate management and staff
• Investigations: Handle sensitive matters professionally
• Defense: Represent you in claims and litigation
• Strategy: Align HR with business objectives

Contact Us Today

Schedule a consultation to discuss:

• Handbook and policy review
• Compliance audits
• Specific employment issues
• Training programs
• Ongoing HR support

Protect Your Business. Ensure Compliance. Contact Us for Employment Law Services.