One of the keys to a successful business is maintaining a productive and healthy relationship with employees. Unfortunately, it is easy to run afoul of the numerous regulations and restrictions set forth in the various state and federal statutes that may be applicable to your business. Depending on the size of your business, these could include some or all of the following laws:
- Family and Medical Leave Act (FMLA);
- Occupational Safety & Health Act;
- Employee Retirement Income Security Act (ERISA)
- Americans With Disabilities Act (ADA)
- Civil Rights Acts (Title VII, Section 1981 and 1983)
- Age Discrimination and Employment Act (ADEA)
- Worker Adjustment and Retraining Notification Act (WARN)
- Ohio Revised Code Chapter 4112
- Fair Labor Standards Act (FLSA)
Dworken & Bernstein’s attorneys can help business owners understand these laws, as well as assist a business in assuring that its policies, procedures and daily practices comply with these laws. Examples of the types of matters that businesses consult with our attorneys on, include the following:
- Drafting employee handbooks and other business policies that clearly define what employee conduct is expected and what will not be tolerated;
- Drafting employment agreements, including provisions dealing with non-competition, non-solicitation, confidential information, trade secrets and other similar restrictive covenants;
- Consulting with an employer to make sure interactions with employees, particularly those dealing with discipline and/or termination, are undertaken in compliance with both state and federal law.
Many small businesses are simply not large enough to have a separate human resources department. Often times, however, the owner of a business does not have the educational background, training or knowledge to effectively perform a company’s human resource functions without assistance. Our attorneys regularly assist business clients with various human resource functions, such as evaluating whether an employee should be exempt from the overtime requirements of the Fair Labor Standards Act, whether an employee is entitled to leave under the Family Medical Leave Act, whether an employee is entitled to a reasonable accommodation under the Americans With Disabilities Act or whether disciplining an employee could subject the company to potential liability. Our attorneys can help your business navigate these complicated employment related issues.
Our firm recognizes, however, that sometimes disputes with employees are inevitable. If you find yourself in such a situation please contact one of our Employment Law attorneys for assistance.