Legal Advice & Support

Employers Council attorneys provide advice and counsel on a broad range of issues that mirror the employee life cycle. Some areas we assist on include:

• Applicant pre-screening processes and procedures
• Hiring and onboarding which includes permissible background checks and drug testing
• ADA accommodations and the interactive process
• Proper employee documentation, performance improvement plans, and overall performance management
• Employee discipline & terminations
• Employee leave including FMLA, ADA leave, vacation, paid sick time, paid leave, and accommodation issues
• How to properly investigate, document, and respond to employee complaints
• Wage and hour issues including minimum wage, overtime, tips, meal and rest periods, travel time, off-the-clock work, rounding practices, wage garnishments & deductions, bonuses & commissions, and pay equity
• OSHA Compliance
• Temporary workforce issues including misclassification of employees, independent contractors, joint employment staff, interns, and seasonal staff.
• Reductions in force (RIF) and WARN Act notices

Ideally, our members and clients are able to use preventative measures to avoid legal action, but even the best employers find themselves responding to claims from disgruntled employees. As part of our pay as you go services, If a member does face a claim, Employers Council’s attorneys appear before state and federal administrative agencies in a variety of matters on their behalf including Title VII (including claims based on race, color, religion, sex, and national origin), Americans With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), sexual harassment claims, Family and Medical Leave Act (FMLA), Equal Pay Act, and the Pregnancy Discrimination Act. We also defend against claims involving wrongful discharge, state labor laws (wages and wage supplements) and the Occupational Safety and Health Act (OSHA).

Employers Council’s attorneys assist members on a broad variety of employment documentation. In addition to the Council’s constantly updated sample policies and procedures, Employer Council’s experienced attorneys provide advice in the creation, drafting, revision and implementation of employment related documentation which includes:

• National & state specific employee handbooks
• Employer policies such as codes of conduct, drug & alcohol testing, remote work, etc.
• Employment applications, offer letters, and employment agreements
• Wage deduction authorization forms, commission agreements, and bonus plans
• Non-Disclosure & Confidentiality agreements
• Noncompete and non-solicitation agreements
• Retention agreements & severance agreements
• EEO Filing requirements
• Independent contractor agreements.

There are a myriad of employment related disputes an organization may confront, which result in substantial soft and hard costs at all levels. With a depth of expertise in the law and a focus on business practicality, Employers Council’s experienced attorneys advise member organizations in managing workplace risks across a wide array of industries from publicly traded companies, to government and the nonprofit sector. Some of the types of matters our members are assisted with include:

• Discrimination (Race, Sex, Pregnancy, Gender, Age, Color, Religion, National Origin, Disability, Gender Identity/Expression, Sexual Orientation)
• Retaliation
• Workplace Harassment and Hostile Work Environment
• Sexual Harassment
• Wage and Hour Law / Unpaid Overtime / Misclassification
• Unemployment Insurance matters
• Military Leave
• Federal Contractor Compliance
• OSHA & Workplace Safety Issues

Employers Council’s attorneys provide proactive counsel and advice in compliance and risk prevention strategies. Our approach to these services is customized to the specific needs of our member organizations which range from public entities and private companies to not-for-profit organizations of all sizes. Our deep bench of attorneys have depth in virtually all aspects of workplace law throughout a broad spectrum of industries. We assist organizations in auditing, creating, and revising compliance policies related to:

• Americans with Disabilities Act
• Family and Medical Leave Act
• Fair Labor Standards Act
• Workers’ compensation
• Unemployment Insurance matters
• EEO-1 Reporting
• Mass layoffs & plant closings
• OSHA & Workplace Safety
• Pay Equity