MANAGING WORKPLACE ISSUES

• Counseling employers on all aspects of hiring, including applications for employment, interviewing, conditional offer letters, independent contractor vs. employee issues, non-competes, confidentiality agreements, criminal background checks and drug screening; wage and hour issues, including compliance with state wage and hour and federal Fair labor Standards Act (FLSA) laws and regulations, and related child labor laws; performance evaluation plans, including development of the plans and related documentation; workplace discrimination and harassment, including prevention as well as complaint handling and investigation; workplace safety and violence, including OSHA complaints and workplace restraining orders; requests for accommodations for individuals with disabilities, including requests under the Americans with Disabilities Act (ADA) and the pertinent state law against discrimination and related medical certification issues; leaves of absence, including leaves under the Family and Medical Leave Act (FMLA), ADA, maternity laws, and other mandatory and discretionary leave laws and policies; discipline and termination, including documentation, investigation, separation letters and releases, severance packages, COBRA and related discharge problems;
• Drafting, reviewing and updating employee handbooks, policies and procedures to ensure compliance with state and federal laws and regulations;
• Assistance with lay offs and reductions-in-force (RIF), including voluntary and mandatory retirement programs, mandatory furloughs, state and federal WARN Act requirements, and related employment alternatives to lay offs and RIFs;
• Review and analysis of pension and profit sharing plans, compensation plans, and other employee benefit packages;

DEFENDING YOUR COMPANY IN LITIGATION

• Defending employers against employment discrimination and harassment claims at the pre-complaint stage, as well as in the Human Rights Commission (HRC) and Equal Employment Opportunity Commission (EEOC), and in the state and federal courts;
• Defending employers against wrongful discharge and constructive discharge cases in the state and federal courts;
• Defending employers against retaliation claims (which is the fastest growing employment litigation claim in the Country);
• Defending employers against wage and hour complaints in the U.S. and N.H. Departments of Labor, as well as the state and federal courts;
• Defending public employers against Right to Know Law violations, as well as discipline and discharge hearings before the applicable governing body (e.g., Selectmen, Town Council, or County Personnel Committee);
• Defending employers against all other work-place related matters, including unfair competition, privacy, and shareholder disputes.

TRAINING YOUR MANAGERS AND STAFF

Training program topics include the following list below. Programs vary in length from 1-2 hours and may be tailored to the particular workplace issues and concerns. All programs include written materials.

Preventing Workplace Harassment

• Defining workplace harassment
• Designing policies to address harassment
• Preventing liability for workplace harassment
• Understanding the manager's responsibility to prevent and respond to harassment
• Investigation of harassment complaints

Wage and Hour Update

• Overview of basic state and federal wage and hour laws
• Review of most common mistakes employers make that lead to penalties, fines and complaints before the Department of Labor
• Advanced federal wage and hour concepts

Documentation, Discipline and Discharge

• General principles of performance and incident documentation (including sample forms)
• Seven steps for deciding whether disciplinary action is warranted
• Manager's predismissal checklist
• Managing the termination process

Hiring and the Law, including pre- and post-offer drug and alcohol testing

• Preserving employment at-will status
• Review of discrimination laws and their impact on hiring process
• Checklist of questions managers should and should not ask applicants
• Implementing lawful drug testing programs and policies

Leave Law Basics and other employee time-off issues

• Review of stat and federal mandatory leave laws
• Development and application of mandatory and discretionary leave policies

Considerations for Employers in a Down Economy

• The do's and dont's of modifications of payroll and leave policies
• Considerations for workforce reductions
• WARN Act requirements (including new state warn act)
• Voluntary separation agreements and other separation options

Annual Legal Updates

• Review of recent changes to federal and state employment laws and regulations
• Discussion of employment-related court decisions and their impact on the workplace
• Update on trends in workplace audits and investigations by federal and state enforcement agencies

HELPING YOUR COMPANY AVOID AND/OR MANAGE UNIONS IN THE WORKPLACE

• Representing management in all aspects of traditional labor law, including union election campaigns, collective bargaining, contract administration, and grievance processing for both public and private sector clients, and the representation of clients in mediation, fact-finding, in labor arbitration hearings and in proceedings before the Public Employee Labor Relations Board (PERLB) and National Labor Relations Board (NLRB);
• Counseling management on strategies for staying "union-free";
• Stephen Jakubowski, our non-attorney Labor Relations Specialist, has over fifteen (15) years of public and private sector experience in collective bargaining, contract administration, grievance processing, and all other aspects of union relations.

ASSISTING YOUR COMPANY ACHIEVE REGULATORY COMPLIANCE

• Counseling employers on how to achieve compliance with new and updated state and federal employment laws regarding, among other things, wage and hour and payroll matters, drug testing, whistleblowers, OSHA and employment discrimination;
• Assisting employers with government audits and investigations, posting and record keeping requirements, drafting of affirmative action plans, responses to requests from government agencies and more.

REVIEWING AND IMPLEMENTING EXECUTIVE COMPENSATION AND BENEFITS PROGRAMS FOR YOUR COMPANY

• Assisting employers with: compensation plans, "golden parachute" provisions, bonus agreements, sock based compensation agreements such as ESOPs, restricted stock, and stock options.
• Providing guidance to employers on tax-sheltered annuity programs, health insurance, medical reimbursement plans, "cafeteria" plans, and dependant care assistance programs.
• Creating and managing ERISA plans, and profit sharing and 401(k) plans.