LeClairRyan’s Employment Counseling, Training, and Audit attorneys take a proactive approach by assisting employers in the recognition of and compliance with the many legal obligations applicable to their day-to-day business operations. This practice’s objective is “preventive maintenance,” that is, to reduce the risk of litigation; lower potential liability exposure; and avoid the disruption, expense, and uncertainty inherent in employment litigation. Within this framework, we work with employers to develop and implement prudent and effective human resource policies and practices, and assist them in drafting and enforcing executive and other employment contracts, confidentiality agreements, and covenants restricting employees’ post-employment conduct.
We create and present customized training programs for clients on topics such as these:
Our attorneys have significant experience developing and implementing national arbitration programs that require employees to submit employment disputes to binding arbitration instead of litigation. We regularly assist employers covered by Executive Order 11246 with preparation and maintenance of affirmative action plans, as well as respond to audits of their compliance efforts. On a day-to-day basis, our attorneys provide timely and practical legal advice to clients to assist them in managing employment-related issues in the workplace.
Recognizing the value of identifying problems in advance, we offer employers opportunities for a comprehensive employment law audit covering applicable state and federal employment laws relating to the following types of representative matters:
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Employment discrimination
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Minimum wage and overtime compensation
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Child labor
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Entitlement to leave for family, medical, military, jury duty, or other purposes
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Certain entitlements to information and to privacy
Our audits include examination of relevant policies and procedures, documents, and interviews of key personnel, leading to a comprehensive written report with recommendations for best practices.
REPRESENTATIVE CASES INCLUDE
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Worked with national retail chain to develop a program to manage FMLA, disability and workers’ compensation leave and benefits, to ensure regulatory compliance and reduce abuse of intermittent leave and overtime restrictions. Program included audit of current practices and customized training and process flow-charts for Human Resource and Benefits managers
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Assisted national professional services firm in responding to OFCCP audit of its Affirmative Action Plans, including preparation of new model plans for all divisions and subsidiary companies, audit of pay equity issues, handling of annual plan updates, and recommendations for action oriented efforts to reach plan goals
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Conducted a Fair Labor Standards Act audit for a private college and assisted with implementation of new job classifications, and personnel policies and training to ensure compliance with new regulations governing overtime
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Assisted an upholstered furniture manufacturer with implementing a Restructuring and Reduction in Force program, including evaluation of potential adverse impact and management of exit incentives
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Developed and presented a customized Leadership Training Program for a national aquarium products company to train its senior management and supervisory employees on interviewing and hiring practices, managing employee leave, and workplace harassment issues. Process included review and update of all related company policies and practices
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Created a Drug Testing Policy and Administrative Procedures for DOT, FHWA, and RSPA covered employees of a regional utility
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Assisted a high-technology manufacturer with establishing a trade-secret protection program including an audit of current practices and potential exposures, drafting of new policies and procedures, confidentiality and non-disclosure agreements for employees, contractors, clients and vendors, along with non-compete restrictions and intellectual property assignment agreements for key personnel
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Helped a large retirement and assisted living health care facility with evaluating and implementing a workplace violence prevention program and conducting the implementation training of supervisory employees