Labor & Employment | Employer Side
Overview
Our Labor and Employment Law Division provides effective counsel to public and private sector employers in the following areas: employment, labor, employee benefits, discrimination, and safety matters. Our clients range from family-owned businesses to some of the largest employers in the nation, including retail, education, manufacturing, construction, hospitals, health care, communications, PEOs, professional services, and transportation corporations.
Our experience covers a wide range of employment matters, including:
- Advising on OFCCP compliance, with representation for investigations;
- Assisting with due diligence and assessments for mergers and acquisitions;
- Claims arising under whistleblower and retaliation statutes;
- Counseling employers on issues ranging from hiring, discipline, leave issues, termination, Americans with Disabilities Act (ADA) compliance, Family and Medical Leave Act (FMLA) compliance, and other employment law issues;
- Defense of matters arising out of the employer-employee relationship;
- Defense of wage and hour issues, including compliance with the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA) and state wage payment and collection laws;
- Drafting and reviewing employment and severance agreements, non-solicitation and non-compete agreements, and confidentiality agreements;
- Internal audits of employment practices, including policies, exempt/non-exempt classifications, leave programs, and work eligibility (I-9) issues;
- Protecting trade secrets, including the enforcement of protective covenants set forth in non-compete, non-solicitation, and confidentiality agreements;
- Representation during all stages of government audits and litigation; and
- Review of employee handbooks and manuals, substance abuse testing programs (including DOT), electronic communications issues, document retention, and other areas.
Our Labor and Employment Law Division assists clients in understanding their complex legal obligations and helps ensure compliance with federal, state, and local laws.
We go beyond addressing our clients’ immediate needs. Our team keeps clients informed on current legal issues through regular updates and annual seminars covering diverse labor and employment topics. Additionally, we offer in-house training for human resources (HR) professionals and management, focusing on crucial workplace matters. These include harassment and discrimination prevention, FLSA compliance, handling OSHA investigations, workplace violence, FMLA and ADA regulations, effective discipline strategies, managing terminations, and proper record-keeping practices.
Frequently Asked Questions
What does “employment at will” mean and can an employer truly terminate an employee for any reason?
“Employment at will” means both the employee and the employer may end the employment relationship at any time for any lawful reason.
Numerous statutes provide various protections to employees regarding their employment. Therefore, it is best practice to review any termination decision to understand and mitigate risk carefully. Kelley Kronenberg often advises employers on managing the termination of an employee’s employment and the mitigation of risk associated with same.
If we pay an employee a salary, does that mean we are not required to pay the employee overtime?
No. Whether an employee is considered overtime-eligible (or exempt) will depend on their job duties AND how they are paid. Exemptions to the obligation to pay overtime and the minimum wage under The Fair Labor Standards Act can be complicated. Improperly treating someone as overtime exempt (or not properly calculating overtime) can result in substantial liability to the employer. Further, following the advice of counsel or DOL on a pay practice can be a defense to future claims. Therefore, it is recommended best practice to review the Employer’s pay practices periodically to ensure compliance with the law.
Kelley Kronenberg assists small and large employers in auditing their payroll practices.
Are we required to keep timekeeping records for all employees?
The Fair Standards and Labor Act (FSLA) requires employers to maintain timekeeping records for all non-exempt employees.
What are some of the risks of hiring an independent contractor?
An Independent Contractor (“IC”) is someone who contracts with a company to provide specific services for a project, contract, short-term, or on an as-needed basis but is not an employee. Independent Contractors may be referred to as freelancers or “gig workers.” Improper classification can lead to a host of issues under federal and state laws. Employers may be liable for hefty fines, back taxes, employee benefits, and worker’s compensation claims.
Can I mandate that my employees be vaccinated?
Not in Florida.
Certain medical organizations are faced with conflicting obligations. The federal government may mandate vaccination of medical personnel, yet Florida has contrary statutory obligations. Employers should discuss obligations under federal and state law and steps that can be taken to mitigate risk.
Are all employers required to carry workers’ compensation coverage?
With a few exceptions, all employers in Florida with four or more employees, whether full-time or part-time, are legally required to provide workers’ compensation insurance to their employees.
Employers who fail to carry the proper coverage face severe penalties, including hefty fines and stop-work orders. A stop-work order requires the employer to immediately cease all business operations until the State finds that the employer has complied with the coverage requirements and paid any penalties. Additionally, employers are strictly prohibited from interfering with or retaliating against an employee’s rights under the workers compensation laws.
Consulting with an experienced labor and employment attorney can save you money and help ensure your business has the proper coverage, limit potential liability relating to a workers’ compensation claim, and if needed, a referral to a workers’ compensation attorney within the firm.
DISCLAIMER: This information is provided as a courtesy and is intended for the general information of the abovementioned matters and should not be relied upon as legal advice. Neither Kelley Kronenberg nor its attorneys or staff are responsible for errors, omissions, or typographical errors – always seek competent legal counsel.
