It is imperative for businesses to be in compliance with labor and employment laws in order to operate smoothly and successfully. These laws are intricate and can vary from one locality to another.
It is crucial to have a thorough understanding of labor and employment laws to avoid expensive legal consequences. Businesses are advised to take the help of professionals when it comes to matters related to labor laws.
At Shah Grossi, we have extensive knowledge and experience to handle local, state and federal labor laws for our clients.
We offer the following services in this practice area:
General Labor Counsel
We advise clients regarding the state and federal labor and employment laws so that they adhere to the regulations while operating efficiently. Moreover, we also assist our clients in creating a work environment that is both productive and provides protection, wherever possible, against any liabilities arising out of violation of the labor laws.
Common services include drafting employment applications, policy manuals, evaluation forms, personnel guides, compensation, and benefits document reviews.
Drafting of Various Agreements
We prepare and negotiate various agreements including employment agreements, severance packages, independent contractor agreements, and arbitration agreements.
Prior to preparing such agreements, we carefully review our clients’ requirements and advise them with the best course of action. Such factors include, among several others, the employer-employee relationship, independent contractor terms and conditions, the amount of severance pay, ownership of intellectual property, and payment terms.
Labor and Management Relationships
We advise our clients on labor relations issues that come under the prerogative of the National Labor Relations Act (NLRA). This includes, but is not limited to, matters such as collective bargaining negotiations, union campaigns and unfair labor practices as per the National Labor Relations Board (NLRB), arbitrations for grievance redressals, and litigations in courts. Further, we also counsel our clients on strategies related to union-management and avoidance.
We represent our clients in cases of wrongful termination. In such cases, we carefully assess if the plaintiff has substantial evidence in support of their accusation. This helps us to determine in advance how the legal case will proceed and we can prepare accordingly. If the client decides to not opt for litigation, then we negotiate on their behalf to obtain a favorable settlement.
Matters Related to Equal Employment Opportunities
The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) have certain rules and regulations in place to avoid discrimination in the workplace. These rules are with regards to ace, sex, religion, national origin, age, handicap employee benefits status, veterans’ status, and various state and federal “whistle-blowing” statutes. We work closely with our clients to ensure that these statutes are followed properly and adhered to.
Wages and Hours
In recent times, the topic of wages and hours has been in the news a lot. We ensure that our clients are compliant with the prevailing wage and hour regulations as per the latest Fair Labor Standards Act (FLSA) and other related laws.
Leave of Absence
There are several laws that mandate certain leaves for the employees at the workplace. These include leaves related to medical emergencies, caring for off-duty family members, jury duty, work-related injuries, etc. We advise our clients appropriately in all matters related to the mandatory leave of absences.
In this era of digital connectivity, people are concerned about the privacy of their data. Additionally, we help clients draft policies that protect the employees’ privacy while protecting business operations. Such policies also state the steps that need to be taken in case there is a violation of the agreement.
Occupational Health and Safety Compliance
Compliance with the Occupational Safety and Health Administration (OSHA) guidelines is paramount to running a business. Our services not only aim at making our clients OSHA compliant but also take into consideration any other regulations that are in place for a specific industry.
Handling and Preventing Workplace Violence
Workplace violence is a common threat that business owners have to deal with nowadays. Therefore, we help our clients to come up with safety policies that address such issues and lay down the guidelines in case an unfavorable incident occurs at the workplace.
Unfair Competition and Trade Secrets
Businesses may find themselves faced with issues pertaining to the appropriation of trade secrets, employee raiding, and unfair competition from their business rivals. In all such scenarios, we advise our clients regarding the best course of action. We also help them draft agreements with their employees regarding IP protection and confidentiality obligations in the event of separation.
Unfair Business Practices, Torts, and Defamation
We handle issues regarding business torts and unfair business practices leading to defamation. Business torts can mean interference of contractual relations and agreements, trade liability, negligent or wrongful hiring, and whistle-blowing.
Layoff, Retrenchment, and Plant Closures
Shah Grossi assists clients with the delicate matters of layoffs and workforce reduction due to reasons like plant closures. This also includes being compliant with local, state and federal laws regarding the layoff and retrenchment procedures.
Executive Compensation Packages
Any deferred compensation agreement which includes terms of deferred bonus, Supplemental Executive Retirement Plans, Excess Benefits Plans, severance payments, and Phantom Stock or Stock Appreciation Rights (SARs) must meet with the stringent guidelines of ERISA and IRC. Therefore, we help our clients to draft executive compensation packages that are in line with these rules and regulations.
It is essential that employers provide the appropriate tax-qualified retirement plans to their employees. This is beneficial to both the employees and the employers (employers get the tax qualification benefits). However, such plans must be designed and implemented in such a way that they follow the guidelines of the Employee Retirement Income Security Act of 1974 (ERISA). Failure to do so can violate the Internal Revenue Code and result in hefty legal fees.
Union or Multiemployer Plans
We help our clients to avoid the consequences of the underfunding of union or multiemployer plans. Some of the consequences of underfunding are the implementation of “funding improvement” and “rehabilitation” plans by the trustees and the cost of leaving a plan or withdrawal liability. We formulate strategies for our clients to avoid such issues.
How Can We Help You
Adherence to labor and employment laws is a crucial point for continued business success. With all the rules and regulations in place, it is easy for you as a business owner to feel overwhelmed. At Shah Grossi, we have extensive knowledge of helping our clients by simplifying the process of labor law compliance and handling complex employment issues.
To learn more about our services or for a consultation, please contact us at (213) 927-6980.