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EMPLOYMENT

EMPLOYMENT

Overview

What You Need

One of the most valuable assets of every business is its workforce. We offer guidance that goes beyond simply resolving workplace issues as they arise. Rather, we work with our clients to develop innovative policies and strategic initiatives that give them the tools to foster a healthy work environment and, more importantly, cultivate and retain employees. We help mitigate risk by training management on how to handle employment issues before they escalate into legal action. When litigation occurs, our experienced litigators are on hand to develop and deliver cost-effective strategies to maximize the potential for a successful outcome.

How We Deliver

Workforce Management

Workforce management is more than just risk management. Our employment practice recognizes this basic concept by approaching every workforce issue as one that can be resolved through policy development and guidance, in-depth counseling, and a proactive approach to addressing workplace issues.

Policy development and guidance

By working together with our clients to create legally compliant policies governing the workforce life cycle (hiring, integration, retention, and separation), we empower them to manage employee expectations and to build trust and understanding into the employment relationship. We also fashion agreements to foster and enhance the longevity and productivity of the workforce, such as executive employment agreements and deferred and equity incentive compensation plans.

Counseling

Our employment professionals are highly knowledgeable on legal matters impacting the workplace environment and can provide our clients with practical guidance on handling operational issues (such as the hiring of independent contractors and handling overtime), benefits and compensation, discrimination and harassment investigations, and disciplinary issues.

Workplace Dispute Resolution

Our employment group prides itself on delivering cost-conscious, effective results in responding to a wide spectrum of workplace disputes, whether such resolution requires investigation and counseling or legal action. Our practice ranges from prosecuting matters to protect clients from illegal competitive efforts to defending their businesses in state and federal court as well as administrative actions on diverse matters, such as the misclassification of employees as independent contractors, wage and hour disputes, discrimination, harassment, whistleblowing, and other alleged unfair labor practices.

HIRES Program

HIRES is a comprehensive audit and guidance program offered by the Firm.  The HIRES program is designed to improve how your business manages its employees by giving your human resources team the critical tools necessary to make those improvements. HIRES critically evaluates the employment issues affecting your business and recommends easy-to-apply, cost-saving solutions that address and resolve those issues before they lead to major distractions or complications, including expensive litigation.

Hiring: the intake process through which an employer solicits and secures employment of individuals.

Integration: the onboarding of employees to adjust and fit them into the new organization to allow for immediate contribution to the business.

Retention: the ability to keep existing employees “on their game” and to avoid unwanted attrition.

Elimination/Separation: the conclusion of the employment relationship through voluntary or involuntary means.

The program includes a comprehensive audit of your existing workplace processes, policies and procedures to gauge their level of operational function and legal compliance.  A detailed report exploring the audit results and providing practical guidance as to the most cost effective methods of correcting or replacing existing workforce processes, policies and procedures. Preparation of all necessary documentation to address the immediate and future needs of the business as identified in the assessment process and detailed guidance and instruction for implementation. Preventative maintenance through counseling and workforce training to avoid or abate disruptive conditions in the workplace, including discrimination, harassment and hostile work environment.

Representative Services

  • Cash-based compensation plans (performance compensation, commission and bonus plans, sale-triggered compensation)
  • 280G and 409A compliance
  • Equity-based incentive plans (incentive and non-qualified stock option plans, membership unit option plans, restricted equity grants, phantom equity)
  • Restrictive covenants, non-competition, intellectual property ownership, non-solicitation, and other employment-related contractual provisions
  • Hiring, termination, and severance arrangements
  • Representation of executives and management teams in acquisition-related negotiations and employment matters
  • Employment Policy Binders to implement or modernize employee handbooks
  • Internal investigations, sensitivity, and discrimination training
  • Worker classification issues (overtime exemptions, independent contractors)
  • Workplace privacy
  • Workplace litigation, including discrimination or harassment (such as violations against the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Family and Medical Leave and New Jersey Family Leave Acts, Title VII, and the New Jersey Law Against Discrimination)
  • Restrictive Covenant litigation to protect employers against theft of intellectual property and raiding of customers and employees
  • WARN Act Compliance and workforce reduction plans