The delicate interaction between employer and employee has always been a subject of regulation and litigation. From early laws on employee compensation to organized labor to the ADA (Americans with Disabilities Act), the legislative and judicial system has had a large hand in keeping structure and balance to a potentially volatile and imbalanced system.
Employee's rights and class equality have played a large role in this century's labor movement. Collective bargaining agreements, pension plans, and discrimination suits of all types have shaped today's workplace into an arena in which legal assistance is required, in areas including:
Employment Contracts and Policies
By carefully delineating the rights and responsibilities of both employers and employees in corporate policies and employment contracts, potential controversy and litigation can be avoided. However, if disagreement does arise and lead to litigation, a thorough understanding of the legal issues and their application to unique circumstances is necessary to stand on solid legal ground and litigate accordingly. Issues that touch on this topic include:
- Non-competition agreements/restrictive covenants
- Trade Secrets
- Personnel Policy Manuals
- Affirmative Action Plans
- Polygraph and drug tests
- Employee application and screening
- Setting corporate policies, for issues including hiring, demotion,firing and retirement
Employee Benefits and Compensation
Employee compensation plans have moved on from simpler salary-and-pension times. Today's world has seen a variety of 'alternative compensation' structures that often need legal guidance to be structured properly. As well, regulations governing employee compensation abound and must be adhered to carefully. The end result is that employers look for legal guidance to deal with issues such as:
- Health, disability and life insurance plans
- Pension plans
- ERISA plans
- Profit sharing plans
- Stock bonus plans
- IRA's and 401K plans
- Severence/"Golden Parachute" plans
- Education, carfare and cafeteria benefits
- Minimum wage laws
- Overtime laws
Employment Discrimination
Our current federal and state legislation allows for variety of employment discrimination claims to be bought by employees, as well as a variety of rules and regulations by which employers must abide. Claims involving discrimination in the workplace are brought for discrimination on the basis of:
- Race
- Religion
- Gender
- Sexual harassment
- Age
- Disability/Handicap (Americans with Disabilities Act)
- Pregnancy
- National origin
- AIDS
Regulation
Businesses are bound by a complex scheme of federal and state regulation of the workplace that requires knowledge of, strict adherence to, and systems in place to comply with, the maze of legal requirements that must be met by employers. Assistance of counsel is often advisable when dealing with these regulations, including the:
- Americans with Disabilities Act (ADA)
- Occupational Safety Health Act
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Equal Pay Act (EPA)
- Employee Retirement Income Security Act (COBRA)
- Equal Employment Opportunity Commission (EEOC) regulations
