Employment Compliance And Consulting

Through our Employment Compliance and Consulting practice, Law Offices of David S. Rich helps employers create, maintain, and fairly enforce good policies and procedures. We also train managers and supervisors on their legal obligations. These preventative measures are a company’s best defense against employment-related lawsuits.

The employment compliance and consulting services that Law Offices of David S. Rich provide employers include:

Policies and Procedures

Set and apply policies which guard against lawsuits

• Anti-violence and anti-bullying policies
• Anti-harassment and nondiscrimination policies
• Electronic monitoring and surveillance
• Email and internet policies
• Employee handbooks
• Employee testing
• Employment applications
• Grievance procedures
• Hiring procedures
• Pre-employment screening procedures
• Reasonable accommodation of workers’ disabilities
• Religion in the workplace policies
• Telecommuting policies
• Training supervisors and employees

Employer Counseling

Advise businesses on everyday issues involving employees

• Disciplining employees
• Employee complaints
• Performance reviews
• Reductions in force
• Requests for accommodation
• Temporary and part-time employees
• Terminating employees
• Workplace substance abuse

Compliance Assistance

Prevent lawsuits and arbitration proceedings

• Continuing medical coverage laws
• False claims laws
• Health and safety laws
• Leave of absence laws
• Medical records laws
• Reduction-in-force warning laws
• Wage and hour laws
• Whistleblower laws
• Wrongful termination laws

Help With Investigations

Respond promptly and effectively to workers’ complaints

• Discrimination
• Theft by employees
• Harassment
• Interpersonal conflicts
• Workplace violence

Additional Business Matters for Consulting with a New York City Employment Attorney

Not only are there federal regulations with which employers are required to comply, each state has their own employment laws that every company must be aware of as well. New York City is no exception. It is a wise choice for an employer with employees performing work in New York City to consult a New York City employment attorney to ensure that the company is in compliance with all employment laws or to help the company become compliant as quickly as possible.

• Wage Theft Prevention: In New York City, all employers are required to meet specific requirements of the Wage Theft Prevention Act (WTPA). This can be done via wage notices, templates for which are readily available online.
• Paid Family Leave: New York Paid Family Leave program (NYPFL) allows employees to take paid family leave in order to care for their loved ones while still protecting their economic interests.
• Workers Compensation: Provides income benefits in the case of a disabling on-the-job injury or illness.
• Unemployment Insurance: Provides partial wage replacement when an employee ceases employment with their employer for reasons that are not the employee’s fault.
• Paid Sick Leave: All private and most nonprofit employers in New York City and nearby counties, including Westchester County, NY are required to provide paid sick leave for employees. These employers are also erquired to give their employees a Notice of Employee Rights to all their employees that includes this right to sick leave.
• Pay Requirements: New York City employers can obtain information on current minimum wage requirements from New York State Department of Labor. The state minimum wage rate is based on where the employee performs their work. All employees must be paid at least the minimum wage rate for their work location, regardless of the location of the company’s headquarters. Companies should also have their employment attorney educate them about the state’s ongoing annual increases to the salary threshold for certain exempt employees.
• Termination: Employers should thoroughly review specific compliance issues and certain documentation with their employment attorney when it comes to terminating employees. For example, in New York City, a terminated employee’s final paycheck must be issued on the next normally scheduled payday. Also, generally speaking, any accrued yet unused vacation days must be paid to the employee upon termination.
• Sexual Harassment Prevention: New York City requires every employer to adopt a specific sexual harassment prevention policy. That policy must include a complaint form for employees to use to report any incidents of sexual harassment. A policy and complaint form is available online to employers but should always be checked and customized by a New York City employment attorney.

Employers in New York City are also required to provide, on an annual basis, sexual harassment prevention training to their employees. Employers that choose to deviate from the model training that has been developed by the Department of Labor and Division of Human Rights are responsible for consulting with a New York City employment attorney to verify that their training meets or exceeds the minimum standards of the department.

• Commuter Benefits: New York City’s Commuter Benefits Law requires both for-profit and nonprofit employers employing 20 or more full-time employees in the City to offer their employees the option to use a portion of their pre-tax income to pay for their commutes.

When an Employer should Contact a New York City Employment Attorney

Even the most diligent employer will at some point need guidance from a New York City employment attorney. While companies are likely able to handle many employment issues on their own, other matters may be particularly complex and will require legal expertise. Furthermore, employment law changes quite rapidly. Courts issue new opinions on the correct interpretation of these laws every day.

A lawsuit against a company by former or current employees can potentially end in very high damage awards against that company. Best practice for employers is to seek out legal advice whenever there is a threat of litigation.

In the following situations, it is nearly always advisable to consult with an attorney:

Lawsuits

If a current or former employee sues, or threatens to sue, the company, best practice for the employer is to consult with an experienced employment lawyer right away. Employment litigation can be very complex. Time limits for taking action are finite. As soon as the company receives notice of a lawsuit, it is strongly advised to consult with an experienced employment attorney on the matter.

Complaints or Claims

A current or former employee might initiate an adversarial process other than a lawsuit. The employee might file a complaint of discrimination, harassment, or retaliation against your company with the U.S. Equal Employment Opportunity Commission or with a state agency. Some former employees appeal their former employer’s denial of their unemployment benefits and request a hearing.

Best practice for the company is to consult with, and likely retain, an employment attorney. Although some employers manage to handle these matters on their own, most would achieve a better outcome with an experienced employment attorney advising the company on the strength or weakness of the employee’s claim, how to properly prepare a response to the claim, and how to most effectively present relevant evidence at the hearing.

If your company needs counseling on Employment Compliance or Consulting, contact Law Offices of David S. Rich, LLC.

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