Guidance To Help Minimize Legal Risks Related To Employment

Federal, state and local employment laws impose multifaceted complex obligations on employers. At Mallor | Grodner Attorneys, we provide strategic legal advice to help our clients minimize risk. However, when litigation occurs, we represent our clients in their most critical employment disputes.

We handle all manners of employment-related disputes. This includes discrimination and harassment lawsuits. Our attorneys provide representation concerning wage-and-hour violations. Our office regularly represents employers in Employee Retirement Income Security Act (ERISA) violations. We defend you in wrongful discharge, breach of contract, trade secrets matters concerning confidential information, and employment-related torts. Whether the forum is federal or state court or an administrative agency, we aggressively defend our clients and attempt to resolve matters as efficiently and cost-effectively as possible.

To discuss your goals and concerns, please call Mallor Grodner at 317-580-4959 or 317-453-2000 or complete our contact form. With offices in Bloomington and Indianapolis, we advise and represent clients throughout Indiana and other states, as many of our clients are multijurisdictional employers.

Workplace Counseling And Investigations

Employment litigation is expensive and distracts the workforce from getting their jobs done. We understand that employers are best served by addressing potential workplace issues before problems arise. We assist our clients in developing preventive strategies to address workplace matters before litigation occurs.

Company policies and employee handbooks are key to defining the working relationships between employers and employees. We assist employers to ensure that their policies and employee handbooks are consistent with their goals and corporate culture and compliant with all applicable laws and regulations. We audit current employment policies and handbooks to provide recommended changes and/or updates as well as develop new policies and handbooks specifically tailored to each client’s needs. In addition, we assist our clients in handling the following workplace issues as they arise:

• Disability accommodations for employees
• Employment contracts, noncompete and confidentiality agreements, and severance agreements
• Recruiting and hiring procedures, including offer letters and background checks
• Employment agreements regarding privacy and social media
• Workplace safety issues
• The drafting of human resources policies and procedures
• Human resources audits as well as matters of employee discipline and termination
• Record-keeping and document retention
• The addressing of internal employee complaints
• Reduction in force (RIF) guidelines

We also regularly conduct internal investigations to prevent and/or address claims of workplace discrimination.

At Mallor Grodner, we offer extensive business law services in addition to employment law services. Whatever your needs and concerns may be, we can work with you to find a solution.

Leaves Of Absence And Disability Accommodations

Handling employee absences, employee leave entitlements and employee requests for disability accommodation is a full-time commitment for many employers. Juggling the myriad of different laws that can impact an employee’s absence is a virtual minefield of potential litigation. We take a practical approach to addressing leaves of absence and accommodation issues, and we assist employers with effectively complying with each of the intersecting laws.

The expansion of the Americans with Disabilities Act (ADA) and the ADA Amendments Act as well as recent amendments to the Family and Medical Leave Act (FMLA) provide additional challenges. We are experienced in helping clients navigate the complex network of statutes and regulations, including:

• The FMLA
• The ADA, including the new ADA Amendments Act Final Regulations
• The Genetic Information Nondiscrimination Act (GINA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Occupational Safety and Health Act (OSHA)
• State workers’ compensation statutes
• Federal and state privacy laws

Noncompetes And Protection Against Unfair Competition

A company’s trade secrets and proprietary information are among its most valuable assets. We vigorously assist companies in protecting these necessary resources. We understand the critical business need to respond quickly and effectively to prevent the disclosure of protected information. We draft agreements containing employment and post-employment restrictions that are tailored to each company’s individual needs. We also provide counsel on handling confidential information if a key employee leaves the company and joins a competitor. Areas of focus include:

• Drafting noncompetition agreements, nondisclosure agreements, assignment of invention agreements and similar documents
• Preparing executive and individual employment agreements
• Consulting on electronic information retention and security policies
• Training employees on policies regarding confidential information, noncompetes and other protective measures
• Responding to injunction matters involving theft of trade secrets, employee raiding and violations of state unfair competition laws

Wage And Hour

Even when an employer is acting in good faith, wage and hour violations can give rise to substantial liability. We counsel clients regarding wage and hour issues, perform wage and hour compliance reviews, and, when necessary, defend our clients in related litigation and government agency audits. We regularly help clients review their company policies and practices and determine areas of noncompliance. We then offer guidance in a manner that minimizes the risk of litigation within the framework of the client’s operational needs. Areas of focus include:

• Classification of employees as exempt or nonexempt from overtime wages
• Classification of workers as employees or independent contractors
• Calculation of overtime, including consideration of the regular rate and allocating proper compensation to the correct workweeks
• Proper handling of meal and rest breaks
• Policies and procedures for timekeeping
• Record-keeping and document retention

Employee Benefits And Executive Compensation

We assist clients with ERISA compliance, fiduciary issues and litigation. We provide advice on structuring compensation packages that comply with applicable regulations and act to attract and retain valuable employees. We help with employer compliance with federal and state regulations. We help employers identify concerns regarding their plans prior to government audits. We further help clients assess benefit aspects concerning employment documentation, including employment agreements, severance plans and agreements and incentive plans. We counsel clients on legal issues affecting the operation of benefit plans, including:

• Review of planning documentation, trusts, agreements, and operation documentation
• Review of communications and notices to determine accuracy and consistency with the texts of plans and summary plan descriptions
• Compliance with ERISA requirements, the Internal Revenue regulations, and state and federal laws
• Review of fiduciary documentation and structure
• Review of meeting minutes of plan committees, both fiduciary and administrative, to determine the adequacy of the records and recommend any needed procedural changes
• Management And Employee Training

At Mallor Grodner, we help prevent reduce employment litigation through training and legal education. Our training programs, led by experienced attorneys, provide supervisors, managers and human resource professionals with the knowledge and skills necessary to respond to the challenges that govern today’s workplace. We train management and employees on a variety of workplace issues, including harassment and equal employment opportunity issues, as well as the ADA and FMLA. In addition, we provide alerts and updates on key issues directly impacting our clients to help our clients remain abreast of the most recent developments.

Contact An Employment Law Attorney

To put us on your side, please call Mallor Grodner at 317-580-4959 or 317-453-2000 or complete our contact form. We represent employers in Indiana and other states, and if you have questions or concerns related to multijurisdictional employment issues, we can help.