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Other Practice Areas....
Advertising Law
Business Law
Computer Law
Copyright
Corporate Law
Internet Law
Technology Start-Ups
Trade Secrets
Trademark
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In General
The practice area emphasizes prevention and the avoidance of employment
disputes. The key to this preventive philosophy is preventative maintenance.
I review and assess existing employment practices. I develop and analyze
clearly defined and effective policies and procedures for attracting,
retaining and managing employees. I advise employers on compliance with
the numerous, complex state and federal labor and employment laws and
assist my clients in establishing in-house employment law compliance and
complaint management systems. Finally, I prepare, and help companies implement,
employment procedures, company policies, employee handbooks, employment
agreements, required employee notices, confidentiality covenants and trade
secret protection.
Contract Creation
Employers frequently use employment contracts to formalize the employment
relationship even in the situation of "at-will" employment.
A well drafted employment agreement may avoid substantial controversy
and future legal problems. At the termination of the employment relationship,
it is also not uncommon for employers to also negotiate a termination
and release agreement to protect the employer from potential litigation
that might arise from the employment. Each of these diverse matters entails
the consideration of numerous laws and court decisions, both in the area
of contract law and in the separate area of labor and employment law.
Employee Privacy Issues
Privacy issues in the workplace have increased dramatically. Employers
are struggling with the balance between the employees' constitutional
right to privacy and the employer's need to invade that privacy. Employer
actions that may infringe a right to privacy are drug and alcohol testing,
searches of employees' desks or lockers, and release of personnel records.
A significant new issue that has attracted great interest is the right
of employers to access employees' E-mail. These issues are always complicated
and dependent upon the specific facts of each situation.
Employee Compensation, Benefits and Handbooks
Employers must carefully establish policies pertaining to the accrual
of vacation time, sick leave, holidays, etc. Pitfalls exist for the unwary
employer who fails to consider accrual limitations and appropriate payments
for accrued benefits upon termination of employment. In drafting benefits,
such as cafeteria plans, an employer must ensure that the benefit complies
with the tax statutes and the applicable portions of the retirement laws.
In view of the stakes involved, employee benefits are now more likely
to be challenged.
In this area: I advise my clients on wage and hour laws (exemptions, overtime,
commissions, pro-rated vacations, etc.); review my client's employment
practices and personnel handbooks to assure compliance with labor and
equal employment opportunity statutes; and prepare personnel policies,
handbooks, and employment agreements to avoid wrongful termination lawsuits
and discrimination claims.
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