Managing the Workforce
from Hiring to Firing
from Hiring to Firing
The employment process should begin with lawful hiring practices. We counsel employers
on how to attract, recruit and hire applicants. We also advise our clients on how to
create meaningful job descriptions that allow the employer to fairly supervise and
evaluate the employee's work. Employee motivation and performance are inseparable.
We help our clients maximize their employees' job performance.
Employment Discrimination,
Harassment and Retaliation
Harassment and Retaliation
We have many years of experience representing employers addressing claims brought under anti-discrimination statutes including Title VII, the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA).
We help employers handle employee complaints filed with the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing Act (DFEH), including allegations of discrimination and harassment on the basis of race, gender, age, sexual orientation, disability and religion. We advise employers on how to properly investigate these complaints (click here for more information on investigations) and how to take remedial action where appropriate.
Employee Discipline and Discharge
With our assistance, our clients successfully, coach counsel and discipline under-performing employees, and confidently assess when employee dismissal is the appropriate action. We teach employers how to successfully document employee performance and discipline appropriately to minimize exposure to lawsuits for:
- Wrongful termination
- Unlawful discrimination
- Unlawful retaliation
Wage & Hour Law Compliance
Complying with complex U.S. and California wage and hour laws requires an in-depth knowledge of many applicable statutes, wage orders and regulations. We use our knowledge and many years of experience to help employers assess whether their payroll systems and processes comply with the law. Where an area of non-compliance is found, we develop strategies for bringing the organization into compliance. We routinely assist employers with:
- EDD, DOL ("Labor Board") and IRS audits
- Meal and rest periods
- Hourly wages and salaries
- Exemptions from overtime
- Commissions and bonus pay
- Alternative workweeks
- Employee vs. independent contractor status
- Vacation sick leave, personal time off (PTO) policies
- Recordkeeping, including timesheets and pay stubs
Employment Agreements and
Independent Contractor Agreements
Independent Contractor Agreements
Sometimes, the employer and employee wish to put the terms of their working relationship
into writing. We regularly assist clients with negotiating the terms and clearly describing
them in a legal contract.
The distinction between an employee and an independent contractor is a difficult area of the law. This distinction is often misunderstood, and the results can be very costly for the organization. We help clients draft independent contractor agreements that meet business needs yet follow the law.
The distinction between an employee and an independent contractor is a difficult area of the law. This distinction is often misunderstood, and the results can be very costly for the organization. We help clients draft independent contractor agreements that meet business needs yet follow the law.
Managing Leaves of Absence
Navigating the complex maze of federal and state employee leave of absence laws is difficult and
risky. Meeting the often conflicting legal obligations of disability accommodation, family and
medical leave, and workers’ compensation laws requires help from attorneys who are knowledgeable
about the law and skilled in finding practical solutions. We have considerable experience helping
employers resolve these issues in a way that addresses today’s business realities. Our goal is to
help our clients avoid mistakes that may lead to costly litigation.
Employment Advice and Counseling
We work with clients as they strive to manage their workforce in an effective and collegial manner. We regularly give legal advice on specific personnel issues that may touch on any of the issues listed below. We also work with our clients to formulate and implement lawful personnel policies and practices that serve as effective management tools.
Reasonable Accommodation of Disabilities
State and federal disability laws are some of the most difficult statutes to understand.
We help employers develop lawful and practical policies for dealing with employees' requests
for accommodation of disabilities.
We have considerable experience counseling employers on the complex details of ADA and FEHA compliance. We can walk you through the interactive process and help you find a reasonable accommodation, when at all possible. We understand that employers need practical ways to satisfy their legal obligations and business needs.
We have considerable experience counseling employers on the complex details of ADA and FEHA compliance. We can walk you through the interactive process and help you find a reasonable accommodation, when at all possible. We understand that employers need practical ways to satisfy their legal obligations and business needs.
Employee Handbooks and Personnel Policies
We help clients develop and implement lawful employee handbooks and personnel manuals
that lay out, in plain English, the employer’s policies and procedures. This document
should be written to comply with current laws and protect the employer from legal
liability. One size does not fit all. Your employee handbook or personnel policies
should reflect your corporate culture and be an excellent communication vehicle and
employee management tool.
We also create other necessary documents to be used at the hiring stage, including at-will acknowledgements and confidentiality agreements.
We also create other necessary documents to be used at the hiring stage, including at-will acknowledgements and confidentiality agreements.
Employee Monitoring and Workplace Privacy
To increase employee productivity and decrease employee theft, many employers seek to monitor
their employees' work sites, including employee communications via cell phones, email and
social media sites on the Internet. This monitoring can create legal risks for unlawful
invasion of employee privacy. We work with employers to assess the workplace, determine
the level of monitoring necessary to balance the employer’s needs with employees' privacy rights.
Severance and Separation Agreements
An agreement to part ways can help an employer and employee end their working relationship
in a respectful and professional way. Language in severance contracts must be carefully
drafted and reviewed for legal compliance. We routinely assist both employers and employees
in creating these written agreements.
Drug and Alcohol Issues
To help employers maintain a drug-free workplace, our attorneys explain the legal requirements
imposed by federal, state and local laws and regulations. We routinely prepare and review
employers' policies and practices on drug and alcohol testing.
We assist clients in making "reasonable suspicion" determinations, assessing methods of "random" testing, and determining appropriate disciplinary actions for employees who violate the employer's substance abuse policy. We also help employers draft "last chance" agreements for employees who agree to enter treatment and rehabilitation programs.
We assist clients in making "reasonable suspicion" determinations, assessing methods of "random" testing, and determining appropriate disciplinary actions for employees who violate the employer's substance abuse policy. We also help employers draft "last chance" agreements for employees who agree to enter treatment and rehabilitation programs.