Guidance To Help Minimize Legal Risks Related To Employment
Federal, state and local employment laws impose multi-faceted complex obligations on employers. We provide strategic legal advice to help our clients minimize risk. However, when litigation occurs, we represent our clients in their most critical employment disputes.
We handle all employment-related matters, including discrimination, harassment, wage and hour violations, ERISA violations, wrongful discharge, defamation, breach of contract, workplace misappropriation of trade secrets and confidential information, unfair competition, retaliation, and employment-related torts. Whether the forum is federal or state court or an administrative agency, we aggressively defend our clients and attempt to resolve matters as efficiently and cost-effectively as possible.
To discuss your goals and concerns, please call Mallor Grodner Attorneys at 812-332-5000 or 317-453-2000, or complete our contact form. With offices in Bloomington and Indianapolis, our attorneys advise and represent clients throughout Indiana and other states, as many of our clients are multi-jurisdictional employers.
Workplace Counseling And Investigations
Employment litigation is expensive and distracts the workforce from getting their job done. Our attorneys understand that employers are best served by addressing potential workplace issues before problems arise. We assist our clients with developing preventive strategies to address workplace matters before litigation occurs.
Company policies and employee handbooks are key to defining the working relationship between employers and employees. Our attorneys assist employers to ensure that their policies and employee handbooks are consistent with their goals and corporate culture, as well as being compliant with all applicable laws and regulations. We audit current employment policies and handbooks to provide recommended changes and/or updates, as well as develop new policies and handbooks specifically tailored to the client’s needs. In addition, we assist our clients in handling the following workplace issues as they arise:
- Disability accommodations for employees
- Employment contracts
- Non-compete and confidentiality agreements
- Severance agreements
- Recruiting and hiring procedures, including offer letters and background checks
- Employment agreements regarding privacy and social media
- Workplace safety issues
- Drafting human resources policies and procedures
- HR audits
- Matters of employee discipline and termination
- Record-keeping and document retention
- Addressing internal employee complaints
- Reduction in force (RIF) guidelines
Our attorneys also regularly conduct internal investigations to prevent and/or address claims of workplace discrimination.
Mallor Grodner Attorneys offer extensive business law services in addition to employment law services. Whatever your needs and concerns may be, we can work with you to find a solution.
Leaves Of Absence And Disability Accommodation
Handling employee absences, employee leave entitlements and employee requests for disability accommodation is a full-time commitment for many employers. Juggling the myriad of different laws which can impact an employee’s absence is a virtual minefield of potential litigation. Our attorneys take a practical approach to addressing leaves of absence and accommodation issues, and assist employers with effectively complying with each of the intersecting laws.
The expansion of the Americans with Disabilities Act (ADA) and the ADA Amendments Act, as well as recent amendments to the Family and Medical Leave Act (FMLA), provide additional challenges. Our attorneys are experienced in helping clients navigate the complex network of statutes and regulations, including:
- The Family and Medical Leave Act (FMLA)
- The Americans with Disabilities Act (ADA), including the new ADA Amendments Act Final Regulations
- The Genetic Information Nondiscrimination Act (GINA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Occupational Safety and Health Act (OSHA)
- State workers’ compensation statutes
- Federal and state privacy laws
Non-Competes And Protection Against Unfair Competition
A company’s trade secrets and proprietary information are among its most valuable assets. Our attorneys vigorously assist companies with protecting these necessary resources. We understand the critical business need to respond quickly and effectively to prevent the disclosure of protected information. We draft agreements containing employment and post-employment restrictions that are tailored to each company’s individual needs. We also provide counsel on handling confidential information if a key employee leaves the company and joins a competitor. Areas of focus include:
- Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements, and similar documents
- Preparing executive and individual employment agreements
- Consulting on electronic information retention and security policies
- Training employees on policies regarding confidential information, non-competes, and other protective measures
- Responding to injunction matters involving theft of trade secrets, employee raiding, and violations of state unfair competition laws
Wage And Hour
Even when an employer is acting in good faith, wage and hour violations can give rise to substantial liability. Our attorneys counsel clients regarding wage and hour issues, perform wage and hour compliance reviews, and, when necessary, defend our clients in related litigation and government agency audits. Our attorneys regularly help clients review their company policies and practices and determine areas of non-compliance. We then offer guidance in a manner that minimizes the risk of litigation within the framework of the client’s operational needs. Areas of focus include:
- Classification of employees as exempt or non-exempt from overtime wages
- Classification of workers as employees or independent contractors
- Calculation of overtime, including consideration of the regular rate and allocating proper compensation to the correct workweeks
- Proper handling of meal and rest breaks
- Policies and procedures for timekeeping
- Record-keeping and document retention
Employee Benefits And Executive Compensation
Our attorneys assist clients with ERISA compliance, fiduciary issues, and litigation. We provide advice on structuring compensation packages that comply with applicable regulations and act to attract and retain valuable employees. We counsel employers on the benefits aspects of corporate transactions and restructurings. We help employers comply with state and federal requirements governing benefits, including health and welfare plan rules, HIPAA privacy rules, and tax issues. Our attorneys counsel employers to proactively identify potential areas of concern with their plans and guide them with making potential corrections to their plans before a government agency audits the plans. We further help clients with any benefits aspects of employment-related documents, such as employment agreements, severance plans and agreements and incentive plans. We counsel clients on legal issues affecting the operation of benefit plans, including:
- Compliance with statutory requirements imposed by ERISA, the Internal Revenue Code, and federal and state employment laws
- Review of plan documents, trust agreements, funding agreements, administrative agreements, summary plan descriptions and other documents governing plan operation
- Review of communications and notices to determine accuracy and consistency with the texts of plans and summary plan descriptions
- Review whether appropriate fiduciary structure, delegations and allocations of fiduciary authority, and written procedures for same are in place
- Review minutes of meetings of plan committees, both fiduciary and administrative, to determine adequacy of the records and recommend any needed procedural changes
Management And Employee Training
At Mallor Grodner, we help our clients reduce employment litigation through education on legal trends, judicial developments, and statutory and regulatory compliance. Our training programs, led by experienced attorneys, provide supervisors, managers and human resource professionals the knowledge and skills necessary to respond to the challenges that govern today’s workplace. We train management and employees on a variety of workplace issues including harassment and equal employment opportunity issues, as well as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, we provide alerts and updates on key issues directly impacting our clients to help our clients remain abreast of the most recent developments.
Contact An Employment Law Attorney
To put our team on your side, please call Mallor Grodner Attorneys at 812-332-5000 or 317-453-2000, or complete our contact form. We represent employers in Indiana and other states, and if you have questions or concerns related to multi-jurisdictional employment issues, we can help.