Employment Compliance And Consulting
Through our employment compliance and consulting practice, the Law Offices of David S. Rich, LLC helps employers create, maintain, and fairly enforce good policies and procedures. Further, the Law Offices of David S. Rich, LLC trains businesses’ managers and supervisors on their legal obligations under employment laws. These preventative measures are businesses’ best defense against employment-related lawsuits. The Employment Compliance and Consulting Attorney services which we provide to 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
- E-mail 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
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
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
- Theft by employees
- Interpersonal conflicts
- Workplace violence
Additional Business Matters for Consulting a New York City Employment Attorney
Running a business that employs people is a difficult job. As an employer, you have a lot to juggle and compliance is a large part of that. If you drop the ball on compliance, your company could end up in ruins. Not only are there federal regulations, each state also has their own employment laws that every business owners need to be aware of, and New York is no exception. It is a wise choice to consult a New York City employment attorney to ensure that you are complying with all employment laws or to help you become compliant as quickly as possible.
- Wage Theft Prevention: In the state of New York, all employers are required to meet the specific requirements of the Wage Theft Prevention Act (WTPA). This can be done via wage notices, templates for which are readily available online.
- New York Paid Family Leave: The 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.
- New York State Unemployment Insurance: Provides income benefits in the case of a disabling on-the-job injury or illness.
- Statutory Disability: Provides income benefits in the case of a disabling off-the-job injury or illness.
- Paid Sick Leave: All private and most nonprofit employers in New York City and other sections of the state, including Westchester County, are required to provide paid sick leave for their employees and are also required to give a Notice of Employee Rights to all their employees that includes this right to sick leave.
- Pay Requirements: New York employers can find current minimum wage requirements through the New York State Department of Labor. The state minimum wage amount is based on where an employee performs their work. All employees must be paid the minimum wage rate for their work location, regardless of where the main or corporate office for that company is located. Business owners should also be sure to have their New York City employment attorney educate them about the state’s annual increases to the salary threshold for certain exempt employees.
- Termination: New York employers should thoroughly review specific compliance issues and certain documentation with their New York City employment attorney when it comes to terminating employees. For instance, in New York, 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 his or her termination.
- Sexual Harassment Prevention: New York State requires that every single employer must 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.
Every employer in the state of New York is also required to provide their employees with sexual harassment prevention training every year. Any employer that chooses to deviate from the model training that has been developed by the Department of Labor and Division of Human Rights is responsible for consulting with a New York City employment attorney to verify that the training that they do use meets or exceeds the minimum standards of the department.
- Commuter Benefits (New York City): New York City’s Commuter Benefits Law requires both for-profit and nonprofit employers that employ 20 or more full-time employees in New York City to offer those employees the chance to use a portion of their pre-tax income to pay for their commutes.
When to Call a New York City Employment Attorney
Even the most careful employer will at some point need guidance from a New York City employment attorney. While business owners are likely able to handle many of their company’s issues on their own, some matters are particularly complex and will require legal expertise. Employment law can also change quite rapidly. Courts issue new opinions on the correct interpretation of these laws every day. A lawsuit against your company by former or current employees can potentially end in very high damage awards against you, so it is plain to see why you always should seek out legal advice when there is a threat of litigation.
On the other hand, you don’t necessarily need to pay to visit to a lawyer each time you discipline, evaluate, or even terminate an employee. If you consult a New York City employment attorney every single time you have to make a business decision, you will quickly run out of funds. In the following situations, it is nearly always worth it to speak to an attorney:
If a current or a former employee is suing you, get to a lawyer right away. Employment lawsuits can be incredibly devastating and very complex. You have to take action to make sure that all your rights are protected and to preserve any evidence that might need to be used to defend you in court. The time limits for taking these actions are very limited, so as soon as you receive a notice of any lawsuit against your business, bring it to an attorney.
Complaints or Claims
It is possible that a current or former employee will initiate some type of adversarial process other than a lawsuit against you. For example, a current or former employee might file a complaint of discrimination, harassment, or retaliation against your company with the U.S. Equal Employment Opportunity Commission or another state agency. A former employee could appeal your denial of their unemployment benefits and request a hearing.
In these situations, you should consult and probably hire a New York City employment lawyer. Although some employers manage to handle these matters on their own, most would see a better outcome with some legal advice on the strength or weakness of the employee’s claim, how to properly prepare a response to it, and how to present any relevant evidence at a hearing.
If your business needs counseling on employment laws or assistance in complying with employment laws, contact the Employment Compliance and Consulting Attorney at Law Offices of David S. Rich, LLC.
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