Employment Counseling and Training

Overview

Businesses grappling with the broad range of challenges in today’s labor and employment landscape look to us for clear, practical counsel in assessing, designing and implementing effective strategies. With a nationwide presence and a comprehensive understanding of workforce issues, we partner with clients to advise, counsel and train them on a variety of employment-related issues, and our goal is to avoid litigation. This includes advising on day-to-day workplace issues, drafting and revising various types of employment-related forms and agreements, preparing employment policies, conducting internal human resources and wage and hour audits, and providing workplace trainings.

Our holistic approach draws on the experience of more than 90 labor and employment lawyers, but also the insight provided by our nearly 1000 attorneys firmwide with capabilities ranging from tax issues and employee benefits to whistleblowing claims and data privacy concerns. If you have a question, we have someone who can answer it.

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Advice and Counsel on Workplace Issues

We counsel employers of all sizes in a wide range of industries on all workplace issues, including:

  • Hiring and onboarding, including background checks, drug testing, work visas and employee classification.
  • Performance management, discipline and terminations.
  • Leaves of absence, sick time, paid leave and accommodation issues.
  • Employee complaints, including how to properly investigate, document and respond to them.
  • Reductions in force and plant closings, including WARN Act notices.
  • Compensation, including minimum wage, overtime, tips, service charges, compensable time, meal and rest periods, travel time, off-the-clock work, rounding practices, pay equity, wage deductions, commissions and bonuses.
  • Advice on contingent workforces and avoiding misclassification of employees, independent contractors, joint employment staff, temporary staff, gig workers and interns.
  • Compliance programs and codes of conduct for companies in highly regulated and competitive areas.

Heavily regulated by federal, state and local laws, and our nationwide team ensures that our clients are in compliance with these oftentimes varying and nuanced laws.

Documents and Forms

We draft and revise all employment-related documents, including:

  • Onboarding/hiring documents, including employment applications, offer letters and employment agreements.
  • Confidentiality agreements, noncompete and non-solicitation agreements, and IP/work-for-hire agreements.
  • Leave of absence forms.
  • Retention agreements, severance agreements and termination letters.
  • EEO-1 Component 2 filing requirements.
  • Independent contractor agreements.
  • Wage-related forms, including wage notices, wage deduction authorization forms, commission agreements, bonus plans, tip forms, missed punch forms and more.
Employee Handbooks and Employment Policies

In a time of constant change in employment law, and where unclear or outdated policies and procedures often have costly repercussions, we provide straightforward guidance that reduces risk and protects your business. Our team drafts and revises employee handbooks, policies and notices in accordance with federal, state and local laws, all while ensuring that the policies and procedures are consistent with our clients’ goals and corporate culture.

Workplace Audits

We partner with our clients to perform a thorough review of their corporate and management documents as well as workplace policies and practices to identify and resolve potential violations of the law before someone else (i.e., an employee, a government agency or a court of law) discovers such violations. We also help clients assess their compliance and readiness regarding hot-button issues such as wage and hour, discrimination, sexual harassment, immigration, social media use and unionization.

Training

We provide training for management and non-managers on various workplace issues, including:

  • Equal employment opportunity, discrimination, harassment (including sexual harassment) and retaliation.
  • Performance management and discipline.
  • Leave of absence requirements and processes.
  • Wage and hour issues.

Our team conducts live training sessions in person, by phone or by webinar.

We also offer one-on-one coaching for executives and managers.

Compliance Programs

We review, establish and further develop compliance programs to prevent and detect issues for companies in highly regulated and competitive areas.

We also draft codes of conduct as well as whistleblowing reporting policies for companies to implement among their workforces to further prevent and resolve workplace issues. In doing so, we assist clients in reducing the risk of noncompliance with the various laws and regulations governing the workplace, internal reporting, and the risks of potential liability and penalties.

In addition, we advise companies on employment and regulatory compliance issues in heavily regulated industries including manufacturing, healthcare, hospitality, transportation, energy and financial services. We work with our attorneys who possess substantive expertise in these industries and others to craft programs designed to match the needs of the particular client and its industry. Because of our collaborative approach among our offices and practice groups:

  • We have the industry experience to assess risks related to employees; we identify client’s specific issues and provide solutions.
  • We offer practical advice: realistic, clear, specific tasks that are tailored to our clients' size, sophistication and industry in order to address whistleblower issues and mitigate the risks of retaliation claims.
  • We assist with training and implementation, including monitoring and auditing compliance metrics.
  • We assess and update programs already in place.
  • We advise companies facing particular risk areas such as expanding into new geographic or product markets and merging or acquiring new business units or employee groups.
  • Where appropriate, we identify and assist with implementation of remedial and corrective measures.

Professionals

Name Title Office Email
Partner Orlando
Associate San Francisco
Associate New York
Partner Washington, D.C.
Partner Columbus
Partner Atlanta
Partner Cleveland
Associate Denver
Associate Columbus
Partner Los Angeles
Associate Orlando
Partner Atlanta
Partner Columbus
Partner Columbus
Partner Columbus
Partner Los Angeles
Counsel New York
Partner New York
Associate Columbus
Partner Washington, D.C.
Associate Atlanta
Partner Columbus
Associate Los Angeles
Partner Atlanta
Counsel Columbus
Partner Cincinnati
Partner Los Angeles
Associate Atlanta
Associate Houston
Counsel Orlando
Partner Cleveland
Partner Columbus
Counsel Los Angeles
Partner Cincinnati
Partner Orlando
Associate Columbus
Associate Los Angeles
Partner Columbus
Partner Los Angeles
Associate Cincinnati
Partner Denver
Associate Orlando
Partner Orlando
Partner Los Angeles
Partner Orlando
Associate New York
Partner New York
Associate Cleveland
Partner Cleveland
Counsel Philadelphia
Associate Los Angeles

Recognition

  • Chambers USA
    • Labor & Employment ‒ California (2017 to 2020)
    • Labor & Employment ‒ Florida (2007 to 2020)
    • Labor & Employment ‒ Ohio (2007 to 2020)
    • Labor & Employment ‒ Texas (2014 to 2020)
    • Labor & Employment ‒ Washington, D.C. (2017 to 2019)
  • The Legal 500 United States
    • Labor and Employment – Labor-Management Relations (2015 to 2019)
    • Labor and employment – Immigration (2017 to 2019)
    • Labor and employment – Labor and Employment Disputes (Including Collective Actions): Defense (2015 to 2019)
  • U.S. News – Best Lawyers "Best Law Firms"
    • Employment Law – Management: National (2011 to 2020); Cincinnati (2016 to 2020); Cleveland (2011 to 2020); Columbus (2011 to 2020); Denver (2012 to 2020); Houston (2011 to 2020); Los Angeles (2013 to 2020); Orlando (2011 to 2020); Washington, D.C. (2014 to 2020)
    • Labor Law – Management: National (2012 to 2020); Cincinnati (2020); Cleveland (2011 to 2020); Columbus (2011 to 2020); Denver (2012 to 2018); Houston (2011 to 2020); Los Angeles (2017 to 2020); Orlando (2011 to 2020); Washington, D.C. (2017 to 2020)
    • Litigation – Labor & Employment: National (2012 to 2020); Atlanta (2019 and 2020); Cincinnati (2020); Cleveland (2012 to 2020); Columbus (2015 to 2020); Denver (2012 to 2018); Houston (2014 to 2020); New York (2019 and 2020); Orlando (2012 to 2020); Washington, D.C. (2015 to 2020)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Employment Class Action Blog
Implicit Waiver of The Right to Arbitrate by Litigation – A Massachusetts District Court Addresses The Factors
By John B. Lewis
February 18, 2021
Complex cases can present difficult legal issues but may also illuminate how courts evaluate questions such as when a party has waived its right to arbitrate. This is true regardless of the type of claims presented because the analytical...
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Employment Class Action Blog
Florida Court Denies Conditional Certification in Tip Credit Case
By Gregory V. Mersol
February 17, 2021
Court also rejects ‘fail-safe class’ allegations The restaurant industry has been among the hardest hit during the current pandemic, but that has not prevented plaintiffs from pursuing class and collective action claims against it. A...
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Employment Class Action Blog
Ninth Circuit Rejects Airline's Constitutional Challenges to California's Wage Statement Statute
By Matthew J. Goodman
February 15, 2021
Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many states. For the most part, that does not impede their work or their employers’ businesses...
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Employment Law Spotlight
D.C. Circuit Says NLRB Must Explain Its Decision-Making
By Peter G. Fischer, Michael Parente
February 12, 2021
Court Remands NLRB Decision for Failing to Distinguish Contrary Precedent A shift in the political party at the White House generally means a corresponding shift in philosophy for the National Labor Relations Board (NLRB). Naturally then...
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Employment Class Action Blog
Ninth Circuit Fires Warning Shot, USERRA May Require Paid Military Leave
By Todd A. Dawson
February 11, 2021
In a case that it characterized as one of first impression in the federal courts of appeals, the U.S. Court of Appeals for the Ninth Circuit held last week that the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38...
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