Counseling Services to Employers
Employment Handbooks. Many employers do not have important policies to protect their interests. Policies contained in handbooks may become important defenses to liability in a wide variety of matters including liability under Title VII, the Fair Labor Standards Act (“FLSA”), the National Labor Relations Act (“NLRA”) and the Family Medical Leave Act (“FMLA”). If you have an employment handbook which has not been updated or if you have no formal employment policies, contact Brendan Hennessy, Esquire for a consultation and to discuss rates.
Discipline and Investigations.On occasion, it is appropriate for an employer to hire outside counsel to conduct an investigation or to assist in disciplinary matters. Mr. Hennessy provides these services at competitive rates.
Counseling on FLSA and FMLA matters. Unfortunately, many employers who are subject to the FLSA and the FMLA do not strictly abide by the laws and regulations and unintentionally open the door to liability. For example, misclassification of employees as independent contractors or exempt employees is relatively commonplace. However, it is critical for employer to properly distinguish workers as exempt or non-exempt employees. The failure to properly characterize employees or provide overtime for non-exempt employees can give rise to class actions, penalties, IRS exposure and penalties, FLSA liability and exposure to needless costs and attorney’s fees. Advice from experienced outside counsel on specific or general matters can help reduce costs, exposure and liability.