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 more than 1,000 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
Partner Washington, D.C.
Partner Columbus
Partner Atlanta
Associate Los Angeles
Associate Denver
Partner Los Angeles
Partner Atlanta
Partner Columbus
Partner Columbus
Partner Columbus
Partner Los Angeles
Counsel New York
Partner New York
Associate Columbus
Partner Washington, D.C.
Counsel Atlanta
Associate New York
Partner Columbus
Partner Los Angeles
Partner Atlanta
Partner Columbus
Partner Cincinnati
Partner Los Angeles
Partner San Francisco
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
Associate Houston
Associate Los Angeles
Associate Orlando
Partner Denver
Partner Orlando
Partner Los Angeles
Partner Orlando
Partner New York
Associate Cleveland
Partner Cleveland
Counsel Philadelphia
Associate Atlanta

Recognition

  • Chambers USA
    • Labor & Employment – Nationwide (2021)
    • Labor & Employment ‒ California (2017 to 2021)
    • Labor & Employment ‒ Florida (2007 to 2021)
    • Labor & Employment ‒ Ohio (2007 to 2021)
    • Labor & Employment ‒ Texas (2014 to 2021)
  • The Legal 500 United States
    • Labor and employment – Immigration (2017 to 2021)
    • Labor and employment – Labor and employment disputes (including collective actions): defense (2015 to 2021)
    • Labor and employment – Labor-management relations (2015 to 2021)
    • Labor and employment – Workplace and employment counseling (2021)
  • U.S. News – Best Lawyers "Best Law Firms"
    • Employment Law – Management: National (2011 to 2022); Atlanta (2019 to 2022); Cincinnati (2016 to 2022); Cleveland (2011 to 2022); Columbus (2011 to 2022); Houston (2011 to 2022); Orlando (2011 to 2022); Washington, D.C. (2014 to 2022)
    • Labor Law – Management: National (2012 to 2022); Cincinnati (2020 to 2022); Cleveland (2011 to 2022); Columbus (2011 to 2022); Los Angeles (2017 to 2022); New York (2022); Orlando (2011 to 2022); Washington, D.C. (2017 to 2022)
    • Litigation – Labor & Employment: National (2012 to 2022); Atlanta (2019 to 2022); Cincinnati (2020 to 2022); Cleveland (2012 to 2022); Columbus (2015 to 2022); Houston (2014 to 2022); Los Angeles (2021 and 2022); New York (2019 to 2021); Orlando (2012 to 2022); Washington, D.C. (2015 to 2022)
  • 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.

Key Contacts

Blog

In The Blogs

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Employment Class Action Blog
Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision
By Amy E. Beverlin, Matthew C. Kane, Sylvia J. Kim
June 15, 2022
On June 15, the U.S. Supreme Court finally brought closure to the long-running, unsettled issue of whether California’s prohibition against arbitration agreement waivers of the right to bring representative actions under the California...
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Employment Class Action Blog
Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA
By John B. Lewis
June 8, 2022
For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis. In Southwest...
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Employment Law Spotlight
California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations
By Michael S. Chamberlin, Vivian Y. Shen
May 24, 2022
On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services, Inc., ruled that...
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Employment Class Action Blog
Supreme Court Holds Prejudice Not Required for Waiver of Right to Arbitrate – But Does Little Else
By Gregory V. Mersol
May 23, 2022
In a much-anticipated opinion, the Supreme Court unanimously held this morning that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No. 21-328 (May 23, 2022). While the holding...
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Employment Law Spotlight
So Many NY Changes in 2022 – Employers Beware!
By Delores V. Chichi, Fanny A. Ferdman
May 2, 2022
New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are currently being...
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