Employers Council Legal Services
The employment relationship is regulated by a complex web of federal, state, and local law which demands that organizations stay abreast of this dynamic legal landscape. To overcome these legal challenges, Employers Council’s legal services team provides member employers advice and counsel throughout the lifecycle of the employment relationship. Our multidisciplinary approach supports employers with the expertise and experience to stay ahead of this steep curve.
Employers Council’s legal team has a broad spectrum of knowledge and background in law and business. Our employment attorneys don’t just explain the law, but help our members and clients assess options and find practical, business-driven solutions that take into consideration the specific legal needs of an organization. We can help navigate the complexity of employment law which is in a constant state of flux with ever-changing legislation, rules, regulations, and case law.
GET THE LEGAL SUPPORT YOU NEED
Employers Council’s attorneys act as partners to our member’s HR teams, providing advice and counsel from the applicant stage through separation. Employers Council’s attorneys take a holistic approach to providing legal advice that reconciles the practical needs of employers in a turbulent business environment. Whether it is a nonprofit, government, or commercial organization, Employers Council’s attorneys tailor the advice and approach so that each member receives effective and efficient employment law advice as it applies to an organizations’ unique needs and objectives within its industry.
Pay As You Go Services
In addition to our legal service offerings to our members, Employers Council also offers a suite of specialized legal services that are available through a pay-as-you-go model.
Our licensed employment attorneys can help you develop training plans and policies to minimize the risk of harassment and discrimination claims. Ideally, our members and clients are able to use these preventative measures to avoid legal action, but even the best employers find themselves responding to claims from disgruntled employees. If a member receives a complaint, Employers Council’s attorneys appear before state and federal administrative agencies in a variety of matters on their behalf.
Legal Services FAQs
Employers Council attorneys provide advice and counsel on a broad range of issues that mirror the employee life cycle. Some areas we assist on include:
- Applicant pre-screening processes and procedures
- Hiring and onboarding which includes permissible background checks and drug testing
- ADA accommodations and the interactive process
- Proper employee documentation, performance improvement plans, and overall performance management
- Employee discipline & terminations
- Employee leave including FMLA, ADA leave, vacation, paid sick time, paid leave, and accommodation issues
- How to properly investigate, document, and respond to employee complaints
- Wage and hour issues including minimum wage, overtime, tips, meal and rest periods, travel time, off-the-clock work, rounding practices, wage garnishments & deductions, bonuses & commissions, and pay equity
- OSHA Compliance
- Temporary workforce issues including misclassification of employees, independent contractors, joint employment staff, interns, and seasonal staff.
- Reductions in force (RIF) and WARN Act notices
Ideally, our members and clients are able to use preventative measures to avoid legal action, but even the best employers find themselves responding to claims from disgruntled employees. As part of our pay as you go services, If a member does face a claim, Employers Council’s attorneys appear before state and federal administrative agencies in a variety of matters on their behalf including Title VII (including claims based on race, color, religion, sex, and national origin), Americans With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), sexual harassment claims, Family and Medical Leave Act (FMLA), Equal Pay Act, and the Pregnancy Discrimination Act. We also defend against claims involving wrongful discharge, state labor laws (wages and wage supplements) and the Occupational Safety and Health Act (OSHA).
Employers Council’s attorneys assist members on a broad variety of employment documentation. In addition to the Council’s constantly updated sample policies and procedures, Employer Council’s experienced attorneys provide advice in the creation, drafting, revision and implementation of employment related documentation which includes:
- National & state specific employee handbooks
- Employer policies such as codes of conduct, drug & alcohol testing, remote work, etc.
- Employment applications, offer letters, and employment agreements
- Wage deduction authorization forms, commission agreements, and bonus plans
- Non-Disclosure & Confidentiality agreements
- Noncompete and non-solicitation agreements
- Retention agreements & severance agreements
- EEO Filing requirements
- Independent contractor agreements.
There are a myriad of employment related disputes an organization may confront, which result in substantial soft and hard costs at all levels. With a depth of expertise in the law and a focus on business practicality, Employers Council’s experienced attorneys advise member organizations in managing workplace risks across a wide array of industries from publicly traded companies, to government and the nonprofit sector. Some of the types of matters our members are assisted with include:
- Discrimination (Race, Sex, Pregnancy, Gender, Age, Color, Religion, National Origin, Disability, Gender Identity/Expression, Sexual Orientation)
- Workplace Harassment and Hostile Work Environment
- Sexual Harassment
- Wage and Hour Law / Unpaid Overtime / Misclassification
- Unemployment Insurance matters
- Military Leave
- Federal Contractor Compliance
- OSHA & Workplace Safety Issues
Employers Council’s attorneys provide proactive counsel and advice in compliance and risk prevention strategies. Our approach to these services is customized to the specific needs of our member organizations which range from public entities and private companies to not-for-profit organizations of all sizes. Our deep bench of attorneys have depth in virtually all aspects of workplace law throughout a broad spectrum of industries. We assist organizations in auditing, creating, and revising compliance policies related to:
- Americans with Disabilities Act
- Family and Medical Leave Act
- Fair Labor Standards Act
- Workers’ compensation
- Unemployment Insurance matters
- EEO-1 Reporting
- Mass layoffs & plant closings
- OSHA & Workplace Safety
- Pay Equity
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Our Members Include
I attended the harassment prevention workshop put on by Employers Council, and I wanted to share my praise for the presenter. I was skeptical about whether I would learn anything I didn't already know, but she presented the information in thought-provoking and nuanced ways. She answered questions well and had us do an activity that enlivened the presentation. As an academic, I particularly appreciated the way that she was able to address the issues intellectually and not simply give us an "information dump." Anyway, I was impressed with what I expected to be a boring presentation. - Professor, Regis University
Our handbook needed to be updated. We had done minor revisions over the years, but more policies than we needed crept into the handbook over time. I wanted to keep what was important and get rid of the rest. I sent my handbook to Employers Council and staff went through all of the policies to first let me know what could be eliminated, and what needed to change in order to bring it up to date. The best thing was that this is part of my full membership dues, so there was no charge for this. I send in my handbook every one or two years for a tune up, so it reflects current laws and stays streamlined.
As I faced some difficult employee problems over the years, I knew that I could reach out to Employers Council and get some good solid advice in how to handle a situation. In the 20 years if have been working in HR I don’t believe I was ever given bad advice. I may not have always agreed with what the counsel was, but I never put myself or the company in a compromising position by following your advice and recommendations.
Being able to reach out to someone on the Member Experience Team when something comes up and we're just not sure how to handle it is amazing. We have help just a phone call or an email away, and everyone that we have worked with has been so responsive, understanding, and helpful.