Employment Practice Group lawyers assist employers in understanding their rights and obligations under a broad array of federal and state employment laws. Attorneys in this group are dedicated to helping employers develop and implement sound employment and benefits policies, follow best employment practices and maintain stable and dedicated workforces. We strive to help our clients avoid claims and disputes, but when litigation or other contested matters arise, we provide vigorous and capable representation. We also defend workers compensation insurers and advise on a broad variety of workers compensation issues.
Attorneys in this group have successfully represented employers in federal and state courts, administrative investigations and contested federal and state administrative hearings. They regularly speak on, and publish articles related to, a broad variety of employment topics, including new developments in the law.
A few of our services include:
- Employment policy development
- Employee screening, hiring practices and policies
- Employment contract review and drafting
- Separation agreements
- Wage and hour compliance
- Defense of wrongful discharge and discrimination claims
- Non-compete and non-disclosure agreements
- Workers compensation
- Employment policy development, including handbook drafting and review
- Family and Medical Leave Act
- Independent contractor / employee classification
- National Labor Relations Act
- Workplace Safety / OSHA matters
- Employee discipline and termination
- Drug testing policies
Employment policy development, including handbook drafting and review
Sound employment policies are key to every successful business. Crowley Fleck attorneys help employers develop policies that comply with the law, establish and communicate expectations, and reflect the unique nature of an employer’s business.
Employee screening, hiring practices and policies
Making good hiring decisions is not a matter of chance. If your business needs to develop uniform, effective and legally compliant hiring standards and practices, we can help.
Employment contract review and drafting
Some employment relationships are best handled through written contracts. We can help you make those determinations and, when appropriate, define the rights and obligations of both employer and employee in written contracts.
When an employment relationship isn’t working, a well-crafted separation agreement can be an alternative to the risks of a messy and contentious discharge. Our practice group attorneys have experience preparing separation agreements that will protect employers from liability and litigation expenses, while helping employees transition to new employment.
Wage and hour compliance
Federal and state wage and hour laws are complex and even the most well-meaning employers can incur liability without realizing it. This is an area of law where an ounce of prevention is truly worth a pound of cure.
Advice and representation in employment litigation, including wrongful discharge and discrimination matters
When an employment dispute can’t be avoided, Crowley Fleck attorneys are experienced in defending employers accused of wrongful discharge and discrimination in state and federal courts and before administrative tribunals. We routinely help employers meet allegations of wrongful discharge and various theories of discrimination, including claims under the federal Americans with Disabilities Act, Title VII and their state law counterparts.
Non-compete and non-disclosure agreements
Employees are privy to sensitive information. When they leave, a properly drafted non-compete or non-disclosure agreement can protect your business from harm.
Workers Compensation is the exclusive remedy for work-related injuries. But some claims simply are not meritorious. Crowley Fleck’s work comp attorneys routinely defend work comp insurers and advise employers on their rights and obligations within this system.
Family and Medical Leave Act compliance
The Family and Medical Leave Act (“FMLA”) is an important and required benefit for employees who work for larger employers. Sometimes it’s difficult for an employer even to know whether it is subject to the requirements of the FMLA and, if so, what the employer needs to do to meet its responsibilities under very detailed and technical regulations. We can help.
Independent contractor / employee classification
Does the law regard the person performing services for your business as an independent contractor or employee? It’s not a question of how you label the person. As an employer, your obligations and liabilities under these two types of relationships is very different. Our firm’s attorneys can help you make reasonable and considered decisions that will help protect your business from the liability that arises when your “independent contractor” is actually an employee.
National Labor Relations Act
Union organizing efforts, negotiating collective bargaining agreements and arbitrations of employment disputes are all matters that can have a major impact on your business. Crowley Fleck attorneys can help you develop and implement strategies and sound business decisions when issues arise under the NLRA.
Workplace safety / OSHA
When your business is faced with an OSHA investigation, administrative penalties for alleged violations of workplace safety laws, or whistleblower complaints under Section 11(c) of the Occupational Safety and Health Act, Crowley Fleck attorneys are available to help you through the process.
Employee discipline and termination advice
Employee discipline and termination involves financial risk. Before you take the step of terminating an employee, it’s generally a good idea – and far less expensive than defending a lawsuit – to consult with a qualified employment attorney and fully understand your rights and obligations.
Development of drug testing policies and related advice
Does your business need a drug testing policy? Do you know whether your drug testing policy is legally compliant? We’re here to help you navigate this difficult and complicated area of law.
Executive Pay and Executive Deferred Compensation
Attracting and retaining a top quality management team is vitally important for the success of any business. Our Employee Benefits lawyers are adept at designing or reviewing existing executive incentives that utilize the advantages of some of the most complicated tax code sections, including 409A and 457(f). We regularly advise on a variety of non-qualified deferred compensation arrangements, including severance pay, “top hat” plans, bonus deferral plans, excess benefit plans, and supplemental plans. We team with the Taxation Practice Group to assist with stock options, stock appreciation rights, and other equity-based incentives.