In addition to representing clients in employment litigation, we provide counseling to clients in all aspects of the employment relationship, from hiring to discipline to termination.

We frequently prepare the following types of documents for our clients:

• employee handbooks
• employment policies
• employment contracts
• independent contractor agreements
• consulting agreements
• severance and separation agreements
• non-competition agreements (restrictive covenants)

Employment law is complex and always changing.  Both New York and federal laws apply to the workplace.  It is difficult even for experienced human relations employees to keep current with this always evolving and complex area of the law.  An employer can face serious and costly consequences, including corporate and personal civil and criminal liability, if it does not fully comply with the myriad and sometime byzantine requirements.  We frequently assist employers by reviewing their compliance with the following types of employment issues:

• hiring
• background checks
• wage, hour, and pay policies
• personnel and payroll records
• I-9 compliance
• employment practices, policies, and forms
• disability accommodation
• leave administration
• performance reviews
• reporting policies for claims of harassment and discrimination
• investigations
• employee privacy and HIPAA compliance
• drug testing
• discipline and termination

New York has additional employment laws applicable to specific businesses and industries.  For example, New York’s Construction Industry Fair Play Act imposes a restrictive definition of “independent contractor” and creates a presumption of employment for workers in the construction industry.  New York’s Commercial Goods Transportation Industry Fair Play Act also imposes a restrictive definition of “independent contractor” and creates a presumption of employment for drivers of commercial vehicles who transport goods.

New York State and federal laws impose detailed pay requirements on employers in the hospitality industry.  For example, a restaurant is permitted to take a tip credit towards complying with the basic minimum wage only if the restaurant’s employee receives enough in tips and the restaurant properly notifies the employee of the tip credit.

We also conduct supervisor training to keep supervisors updated and knowledgeable about employment laws.