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Employer Counseling & Advice

Employer Counseling & Advice

At SMM Law, we provide employers with counseling and legal advice on countless labor and employment law issues.

As labor and employment laws and regulations grow in number and become more complex, SMM Law works with your company to provide strategic advice to help prevent claims and lawsuits. Our goal is to help you manage these daily issues and keep your operation running smoothly.

In this regard, SMM Law offers the following services to employers:

Hiring & Background Checks

  • Review and advise on job postings, applications, and interview practices;
  • Review and advise on pre-employment assessments and background checks;
  • Draft and review offer letters; and
  • Draft employment agreements, including non-compete, non-solicitation, and confidentiality agreements.

Policies, Procedures & Handbooks

  • Review and update existing policies, procedures, and employee handbooks; and
  • Draft policies and procedures on complex issues such as:
        • Drug testing;
        • Fair employment practices;
        • HIPAA;
        • Union and labor issues;
        • Whistleblowing; and
        • Workplace safety.

Workplace Investigations & Internal Audits

  • Conduct independent workplace investigations into a variety of internal complaints and allegations, and draft an investigative report that includes findings and recommendations;
  • Conduct internal audits of practices to identify possible issues and employer liability; and
  • Create a customized plan that specifically identifies areas of weakness and proposes practical solutions.

Employee Leaves & Accommodations

  • Advise on obligation to provide leave (e.g., under the FMLA, ADA, and USERRA);
  • Analyze and advise on alleged disabilities and requests for accommodations;
  • Assist with the interactive process required under the ADA and other related laws; and
  • Review and advise on requests for leave.

Wage & Hour

  • Advise on minimum wage and overtime issues;
  • Analyze and advise on proper classification of employees (exempt v. non-exempt); and
  • Review and advise as to independent contractor status.

Employee Performance, Discipline, and Terminations

  • Train managers and supervisors on how to best conduct employee evaluations and record performance issues to minimize future problems;
  • Advise on employee discipline and terminations;
  • Draft severance agreements and releases of claims;
  • Draft confidentiality and separation agreements; and
  • Advise on final pay requirements and unemployment issues.

If you're an employer with labor and employment questions, contact us today!