LABOR AND EMPLOYMENT ATTORNEYS

A labor and employment attorney is responsible for advising businesses on compliance with federal and state labor laws, drafting and reviewing employment-related documents, representing clients in disputes and litigation, and providing guidance on best practices for managing employees. Key areas include employee handbooks, wage and hour compliance, anti-discrimination policies, workplace safety regulations, employee classifications, and handling accommodation requests. They also assist in developing strategies to minimize legal risks and protect the business's interests in employment-related matters. This can involve dealing with arbitration, unfair labor practices, employment litigation cases, and employment discrimination cases.

A labor attorney primarily focuses on issues related to unions, collective bargaining, and labor relations. They deal with union negotiations, disputes, and compliance with the National Labor Relations Act (NLRA). In contrast, an employment attorney handles a broader range of workplace issues, including employment contracts, wage and hour laws, discrimination, harassment, wrongful termination, and compliance with various employment laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). While there is overlap, labor attorneys typically concentrate on unionized work environments, whereas employment attorneys address individual employment rights and employer obligations.

If you receive a complaint or lawsuit from an employee, it is imperative to seek legal counsel immediately. Engaging a labor and employment attorney at Whitcomb Selinsky, PC, can help you navigate the complexities of the legal process, from understanding the specifics of the complaint to developing a robust response strategy. Your attorney will assist in gathering the necessary documentation, interviewing relevant parties, and formulating a defense plan. Swift legal action can mitigate risks, ensure compliance with procedural requirements, and protect your business’s interests in both court and administrative proceedings.

Labor and employment attorneys play a critical role in conducting or overseeing internal investigations into allegations such as misconduct, discrimination, or harassment. They ensure that investigations are conducted impartially, thoroughly, and in compliance with all relevant laws and regulations. An attorney’s involvement helps protect the integrity of the investigation, safeguards the rights of all parties involved, and minimizes potential legal exposure for the business. Their expertise ensures that the findings are legally sound and that any necessary corrective actions are properly implemented.

Non-compliance with labor and employment laws can lead to significant repercussions, including hefty fines, class action lawsuits, and lasting damage to your business’s reputation. Additional consequences may include mandatory corrective actions, such as reinstating terminated employees, providing back pay, or implementing new policies and training programs. Non-compliance can also attract increased scrutiny from regulatory bodies like the FTC. By working with a labor and employment attorney, you can proactively identify and address compliance gaps, thereby avoiding these costly and damaging outcomes.

Labor and employment attorneys provide essential guidance throughout the process of terminating employees, ensuring it is handled legally and fairly. They assist in drafting termination letters that clearly outline the reasons for termination and comply with relevant laws. Attorneys also advise on severance packages, helping to structure them in a way that is both fair and legally sound. Their involvement helps mitigate the risk of wrongful termination claims by ensuring that the termination process adheres to all applicable legal standards and best practices.

Maintaining compliance with labor and employment laws involves several best practices. Regularly updating your employee handbook and policies to reflect current laws is crucial. Providing ongoing training for managers and employees on relevant labor laws helps ensure everyone understands their rights and responsibilities. Conducting internal audits can identify compliance gaps before they become issues. Seeking regular legal advice from labor and employment attorneys can provide invaluable guidance on staying current with legal developments and implementing effective compliance strategies.

Labor and employment attorneys are instrumental in collective bargaining negotiations with unions. They represent businesses during negotiations, helping to draft and negotiate agreements that are fair, legally compliant, and aligned with the business’s objectives. Attorneys also provide strategic advice on handling union-related disputes and maintaining positive labor relations. Their expertise ensures that collective bargaining agreements are clear, enforceable, and sustainable, helping to foster a cooperative and productive workplace environment.

When drafting an employee handbook, it is essential to ensure compliance with all relevant federal and state labor laws. Key considerations include clearly outlining company policies on anti-discrimination, harassment, and retaliation; detailing procedures for reporting complaints; specifying wage and hour policies, including overtime and breaks; addressing employee benefits and leave policies; and including safety guidelines and protocols as well as topics such as equal pay, affirmative action, and employment policies should also be included.

The language used should be unambiguous to avoid creating unintended obligations, and the handbook should be regularly reviewed and updated to reflect any changes in the law or company policies.

You should reach out to one of our labor and employment lawyers when you need guidance on compliance with employment laws, are drafting or reviewing employment-related documents, or face potential legal disputes with employees. Specific instances include when an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency, if you receive notice of a pending lawsuit, or if there are allegations of discrimination, sexual harassment, or retaliation.

Additionally, consulting a labor and employment lawyer is beneficial when updating employee handbooks, implementing new workplace policies, or navigating complex employment issues such as employment agreements, employee classifications, accommodation requests, or collective bargaining agreements.

Engaging proactively a lawyer at Whitcomb Selinsky, PC can help mitigate risks and ensure your business remains compliant with evolving labor and employment laws, including federal courts and state court regulations.