Labor and Employment
The firm represents private and public employers in all aspects of labor and employment law, including development of employee handbooks, policies and procedures, employment contracts, labor contract negotiations and arbitrations, employment discrimination, wage and hour and general employment matters. Our clients include hospitals and other health care providers, corporations, and not-for-profit institutions.
Counseling and Development of Employment Law Policies
We work with clients to develop and review their employee handbooks and policies. Our attorneys provide training and/ or educational programs on a variety of topics, including sexual harassment and the development of positive employee relations. We believe that effort spent to develop clear policies helps to avoid misunderstandings -- and claims -- with employees.
We assist clients with internal labor and employment law audits to determine whether they are in compliance with the state and federal employment laws, including:
- Fair Labor Standards Act
- New York Wage and Hour Law
- New York Labor Law
- Title VII of the Civil Rights Act of 1964
- Age Discrimination Act of 1965
- Americans with Disabilities Act
- New York Human Rights Law
- Family and Medical Leave Act
- COBRA/ New York Insurance Law -Continuation Coverage
We help clients develop policies and procedures concerning:
- Sexual Harassment
- Family and Medical Leave
- Termination and/ or Separation from Employment
- Compliance with the reasonable accommodation provisions of the New York Human Rights Law and the Americans with Disabilities Act
Labor Contract Negotiations and Arbitrations
The firm assists in the preparation for and conduct of collective bargaining negotiations for both private and public employers, and our attorneys work with employers in the administration of the contract, negotiation and settlement of grievances, and in labor arbitrations in all types of grievances, such as contract interpretation, seniority, discipline and discharge.
Wage and Hour Advice
Often the wage and hour statutes, the New York Wage and Hour law and regulations and the federal Fair Labor Standards Act, can be confusing and difficult for employers to interpret and to implement. Our attorneys can provide guidance in the following areas:
- determination of whether a position is exempt or non-exempt under the Fair Labor Standards Act
- development of policies and procedures to minimize the possibility of a wage and hour audit
- review of overtime pay policies and procedures
- interplay of federal Fair Labor Standards Act and New York wage and hour law and regulations
Our attorneys have extensive experience in counseling and representing employers with respect to claims of employment discrimination. We have provided counseling and training to employers in the following areas:
- Sexual Harassment, including on-site training and development of policies
- Development of policies and procedures for the determination of a reasonable accommodation under the New York Human Rights Law and the Americans with Disabilities Act
- On-site educational programs on Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act
- Review of Termination Procedures to ensure that the process is based on non-discriminatory factors.
Furthermore, our attorneys have represented our clients before the New York Human Rights Commission and the Equal Employment Opportunity Commission, and in state and federal court in claims of employment discrimination.
Employment Contracts and Separation Agreements
Our attorneys can negotiate and prepare employment contracts that include, where appropriate, restrictive covenants, non-disclosure and confidentiality provisions. We can also prepare separation agreements, including releases of claims, to aid the transition and departure of employees.
Our attorneys represent clients in all aspects of claims for unemployment insurance, including:
- Advice on unemployment insurance claims, such as when is an employee eligible for unemployment insurance, when to oppose an application for benefits, what information required to successfully oppose an application for benefits, how to reduce unemployment insurance taxes;
- Representation at the local office, before the administrative law judge and the Appeal Board
For more information about our Labor and Employment practice, please contact Laurie Johnston