Federal and State agencies enforce many of the laws you must follow. Employers Council's business model ensures that in many cases, your annual membership is all you'll need to pay to respond to a charge of discrimination or have an attorney represent you at a wage-and-hour audit, FMLA investigation, or unemployment hearing.
A membership with Employers Council also means you get help with:
- Demand letter responses
- Employment contract review and drafting
- NLRB and other union related proceedings
- OSHA citation and hearing representation
You are entitled to due process before administrative agencies. Don't go broke paying for it.
Become a member today and receive legal representation to support your interactions with federal agencies, state agencies & more.
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Employer vs. Employee Representation
In workplace legal issues, it's common for both employers and employees to seek legal representation. It's important to align yourself with a legal team that has experience in your arena. A membership with Employers Council gives you access to experience lawyers and employment law experts who can help you navigate a workplace legal issue and mitigate any costs associated – beginning with the legal fees you would need to pay out of pocket.
Representation in EEOC, DOL, NLRB, OFCCP, and state agency complaints against charges of discrimination and harassment, wage and hour claims or an unemployment hearing can cost your up to $15,000. With Employers Council, that value is included in the low monthly membership fee.
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Employer Obligations with Union Representatives
As an employer,
The National Labor Relations Act forbids you from interfering with an employee's right to organizing or joining a union with the intention of collective bargaining or improving the terms and conditions of employment. A violation of these rights mean that an employee may file a claim against you with the
NLRB (National Labor Relations Board), who will then investigate the charges.
If an employee does choose a union as a bargaining representative, both the union and the employer are required to meet to discuss wages, hours, vacation time, insurance, safety practices, and other mandatory subjects. It's important to note that while it's against the law to refuse to meet and discuss these subjects, it's not required that either party reach an agreement or make concessions. As an employer, that means you are not compelled to acquiesce to what you deem as unreasonable or unrealistic demands.
In the event that no agreement is reached, an employer may declare impasse and implement the last offered they presented. As a response, the union may file a charge of an unfair labor practice for failure to bargain in good faith. The NLRB will investigate the claim, and, if they deem that a true impasse was reached, the employer will be asked to return to the bargaining table.
What It Means to Bargain in 'Good Faith'
Bargaining in good faith is largely determined by the precedents set in past NLRB cases that address specific circumstances. However, in general, good faith indicates an intention to find a basis for agreement through an open mind and a sincere effort to reach a common ground.
Employers Council can help you navigate Union Bargaining
Employers Council's employment experts and in-house lawyers can help you navigate the complexities of negotiating with a union, as well as forecast and advise on the ramifications of certain concessions. These negotiations are often delicate, and in some cases include tense and time-sensitive circumstances like strikes.
Having experts to help you address these situations can improve the efficiency of negotiation, anticipating where things can go wrong and communicating effectively, so that your workers get back to work as soon as possible in a more favorable condition for all parties involved.
In the event you face a charge of an unfair labor practice, our lawyers can help you mitigate risks and damages and resolve the situation as quickly as possible.
Representation in Discrimination charges
Discrimination charges in the workplace can arise from an employee who believes they have been discriminated against based on race, color, gender (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. These charges are filed with and enforced by the
U.S. Equal Opportunity Commission (EEOC). The EEOC is required to notify an employer who has had a charge filed against them, which will typically come in the form of a letter in the mail.
Employers Council can help you navigate a charge of discrimination – from how you should respond when you first hear of the allegation to legal representation against a federal agency.
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Representation in Wage-and-Hour Audits
While audits are typically the result of an employee complaint, the U.S. Department of Labor's Wage and Hour Division has the right to audit your organization at any time. The audit will consist of an investigation determining whether or not you are compliant with the Fair Labor Standards Act (FLSA), which mandates that all non-exempt employees be paid at least the minimum wage for all hours worked and receive overtime pay at time and a half for all hours worked in excess of forty hours in a work week. In order to determine your compliance, representatives will typically look at payroll records for the past two years of both current and former employees.
A violation of FLSA can result in the payment of back wages and an equal amount as liquidated damages in addition to civil penalties of up to $1,000.
Employers Council can help you in the event of a wage-and-hour audit and represent you in the event a violation is found. Expert legal representations will help mitigate the damages and costs your organization will incur.
In addition to representation, Employers Council's HR experts can help you establish a system that records wages in a compliant manner so that, in the event of a wage-and-hour audit, you can adequately show responsible pay practices.
Learn more about how Employers Council can help with your pay practices.
Representation in FMLA Investigations
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. In the event of termination of an employee under these circumstances, or a change in their position, employees can file a claim against their employer.
In the case of a claim, the Wage and Hour Division of the U.S. Department of Labor investigates, potentially resulting in court proceedings. If you are facing the claim of an FMLA violation, Employers Council can represent you against the U.S. Department of Labor and help you work towards a favorable outcome.
Unemployment Hearing Representation
In the event a former employee applies for unemployment benefits (which the employer will then have to pay), an unemployment hearing can occur in a similar, although less formal, format to court. In this hearing, the burden of proof will be on the party who initiates the separation:
- If the employee voluntarily quit, they will need to prove that they quit for good cause that is connected to the employer.
- If the employer terminated their employment, the employer must show that, in line with state unemployment statutes, the former employee should be disqualified from receiving benefits.
Employers Council can help you establish a clear against paying out unnecessary expenses when a former employee is not eligible for them.
Arbitrations are a way to resolve legal disputes between employer and employee outside of the court system. They consist of hiring a paid referee who acts as a private judge. Arbitrations differ from lawsuits in a couple of important ways:
- Arbitrators are chosen and paid by both parties
- Decisions by an arbitrator are binding to both parties (just like a court decision), however there is no appeal process once a verdict has been made (except in very rare cases)
Employers Council can act as arbitrator or represent your interests in the case of an arbitration as a part of your membership to help you save on what is typically a considerable expense. Our legal and employment law experts have years of experience navigating employer and employee disputes, and can help you reach a speedy and favorable outcome.
Demand Letter Responses
A demand letter is a letter sent by a former employee (typically through the help of a lawyer). It contains demands, typically for a dollar amount, that must be met by an employer to avoid the filing of a lawsuit. When you receive a demand letter, you have a few options on how to respond:
- Agree with their demands
- Not answer and wait for the lawsuit to be filed
- Contact the former employee and explain that you wish to negotiate
- Contact the former employee and explain that you refuse to do what they're demanding
How you respond to a demand letter can mean the difference between expensive legal costs and lengthy time commitment of a lawsuit, and, in the case of a lawsuit, it can even play a role in the outcome.
Employers Council can help you analyze the pros and cons of your decision to either comply or disregard a former employee's demands, and can draft a demand letter response that puts you in the best legal position moving forward.
Employment Contract Review and Drafting
Investing time and energy into an employment contract on the front end can help avoid the risk of expensive legal costs on the back end in the case of an employment dispute surrounding termination. Employers Council can review any employment contracts you have and help you draft them for your next hire so that you don't have to worry about opening your organization up to the risk and expense of a termination-based lawsuit.
OSHA Citation and Hearing Representation
Occupational Safety and Health Administration (OSHA) can investigate your workplace for violations of workplace safety. In the event of a citation, Employers Council can help you respond appropriately to allegations, assist you in removing any safety risks to emphasize a commitment to providing a safe workplace for your employees, and represent you at an OSHA hearing.
Representation without a membership to Employers Council can cost you thousands of dollars in legal fees. See how much you can save by joining.
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