Employment laws can raise some of the most troublesome issues for your business. Running afoul of the applicable rules and regulations that pertain to your employees can bring significant distraction to your day-to-day operations. The bottom line is that high-stakes labor and employment matters require lawyers that know how you work.
At Reed & Scardino, our lawyers handle complex labor and employment matters facing management teams in our home state of Texas, regionally and across the country. We are uniquely attuned to our clients’ business interests, concerns and issues, understanding the ever-present need to balance legal options against company strategy.
The attorneys in our Labor & Employment Practice Group are equally adept both in the boardroom and the courtroom. We routinely counsel and train executives and managers on significant labor and employment issues, and clients rely on the experienced litigators on our team to achieve the successful results that our attorneys are known for obtaining.
We know that every client’s needs are unique. The attorneys in the Labor & Employment Practice Group are committed to knowing your organization inside and out and delivering services that fit your specialized business strategy and financial objectives. We work closely with employers during all phases of the employer/employee relationship, from recruitment through termination, to develop practical employment policies and procedures that comply with the law and minimize the risk of employment disputes. Through practical counseling and clear communication, we develop lasting partnerships with our clients.
We partner with our clients to design and implement problem-avoidance measures tailored to each client’s business needs. The techniques we use include: independent workplace audits; company-wide and/or site-specific policy development and maintenance; workforce training; timely workplace investigations; targeted employment agreements; and responsive consultation services. Our risk management approach also minimizes your legal costs by addressing critical and sensitive personnel matters promptly and effectively. In short, we represent your organization by understanding your workforce and business, implementing measures to avoid problems, and promptly resolving issues that do arise.
We have substantial experience in the following areas: discrimination; harassment; disability; data privacy; family and medical leave; military leave; drug testing; federal and state regulatory compliance; OSHA; wage and hour; nonsubscription to workers’ compensation; reductions in force; immigration; non-compete and employment agreements; ERISA; COBRA; data security; records management; and other benefits and personnel-related laws.
No matter what your business, our goal is to protect your organization through proactive risk management counseling. We also utilize the diversity of talent from other departments in our firm to offer comprehensive representation for businesses.
- Draft and revise/update employee handbook/policies
- Advise on employee discipline and termination, including liability analysis for wrongful discharge claims
- Conduct investigations on complaints of sexual harassment and other alleged employment discrimination
- Advise on compliance with Americans with Disabilities Act Amendments Act (ADAAA), the Family Medical Leave Act (FMLA), Worker’s Compensation, and their respective intersections
- Draft and review employee and independent contractor agreements
- Draft and review non-compete, proprietary information, and non-solicitation agreements
- Advise on workplace violence, safety, and OSHA compliance
- Analyze employment status of independent contractors
- Train and advise on liability associated with technology in the workplace
- Advise on compliance with wage and hour regulations, including the Fair Labor Standards Act (FLSA)
- Advise on compliance with military leave (USERRA)
- Advise on immigration matters
- Advise on and draft policies regarding drug testing, criminal background checks, and other pre-employment screening
- Advise on compliance with the Fair Credit Reporting Act (FCRA)
- Advise on and draft policies regarding employee social media use and other off-duty activities
Our Labor & Employment attorneys offer to our clients expertise in representation of management in mediation, arbitration and defense litigation of individual and class action employee charges and lawsuits involving a diverse range of issues and matters including:
- Race and sex discrimination
- Age discrimination
- Sexual harassment
- Disability discrimination
- Family and medical leave
- Wrongful discharge
- Workers’ compensation retaliation
- Nonsubscription to workers’ compensation
- Claims asserting violations of various other federal and state employment-related and civil rights statutes
TRAINING AND DEVELOPMENT
Provide on-site management and supervisory training and seminars on a broad range of topics including:
- Sexual harassment
- Risk management
- Workplace violence
- Performance appraisals
- Conflict management
- Corrective action/termination
- Legal updates/compliance
- Effective communication
- Litigation holds
- Anti-discrimination: gender, physical or mental disability, sexual orientation, creed, color, marital status, familial status, age, religion and national origin
EMPLOYEE COMPENSATION AND BENEFITS
Assist employers with planning, selecting, drafting and regulatory compliance in the following areas:
- Severance packages and agreements
- Stock options and plans
- Compensation packages, including executive, officer, and director compensation
- Exempt/Non-Exempt classifications
- Fair Labor Standards Act compliance (FLSA)
- Employee and independent contractor agreements
- Commission agreements
- ERISA compliance
- COBRA compliance
- HIPAA compliance
- Managing employment issues in mergers and acquisitions