There are very few areas of the law where the return on prevention efforts is as high as it is in the employment and labor area. For this reason, managerial understanding of the law and thoughtful document drafting and implementation are very important risk management tools for all employers.
Using its knowledge of what leads to the greatest risk in litigation and administrative processes for employers--and its thorough understanding of compliance requirements of federal and state laws, like the Americans with Disabilities Act, the Family Medical Leave Act and the Fair Labor Standards Act--the Kitch firm helps employers put proactive and clearly-understandable employment documents into place. The firm then works with employers on their timely, and most importantly, consistent implementation. This includes practical manager-level education on the laws, the policies, and the handling of sensitive and sometimes tricky issues like “hostile environment” and sexual harassment in the workplace.
Some of the specific areas in which the firm provides guidance are:
Wage & Hour: Requirements of wage and hour laws, including such issues as employee classification for overtime and minimum wage law interpretations to non-conventional workers.
ERISA/Benefits/Pensions: Implementation of ERISA qualified and non-qualified benefit plans and benefits errors and omissions issues.
Policy/Handbook: Drafting of and education regarding employment policies and employee handbooks--addressing special issues like employee leaves, employee privacy of information and sexual harassment avoidance.
Agreements: Drafting and interpretation of employment contracts, severance agreements, and employee lease arrangements.
Restrictive Covenants and Non-Competes: Development and implementation of restrictive contract provisions and non-competition clauses that meet legal requirements for enforcement.
Independent Contractors: Addressing and implementing critical distinctions between independent contractors and employees for tax and other purposes in contracts and policies.
Affirmative Action: Development and implementation of affirmative action programs consistent with state and federal law and major customer requirements.
Reductions in Force: Development of plans and programs for "right sizing" in a manner that avoids implication of civil rights laws.