employment lawyer in richmond, va

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Employers of every size must comply with numerous federal, state and local laws that touch every aspect of the employment relationship, from the hiring process to termination, and everywhere in between. PATTY GILL PLC provides sound legal advice and practical business solutions to help employers navigate all of these areas.

  • Hiring

     

    •     Employment agreements and offer letters
    •     Negotiating and drafting, non-compete and non-solicitation agreements, retention bonus agreements
    •     Employment applications and hiring procedures
    •     Interview “do’s” and “don’ts”
    •     Minimizing risks of negligent hiring claims
    •     Accurate and effective job descriptions
    •     Background checks and Fair Credit Reporting Act compliance
    •     Medical inquiries, exams and testing in compliance with the Americans With Disabilities Act Amendments Act
  • Handbooks & Policies

     

    •     Employee Handbooks
    •     Policies on “developing” areas, including transgender and gender identity, social media, employee blogging, and telecommuting/working from home
    •     Assisting employers with uniform enforcement of policies
  • Day-to-Day Human Resources Advice

     

    •     Practical, cost-efficient and creative solutions to complex employee relations problems
    •     Review of high-risk discipline and termination decisions to ensure sound decision-making by management
    •     Discrimination & harassment
    •     Violence in the workplace, employee theft, medical issues, leaves of absence, employee dating, privacy concerns, and social media issues
    •     Performance management, performance improvement plans
    •     Responding to demand letters and proactively helping resolve disputes with employees before lawsuits are filed
  • FLSA / Wage & Hour

     

    •     Exempt / non-exempt classifications under the Fair Labor Standards Act
    •     Compensable versus non-compensable time, including travel time, donning and doffing, on-call time, and meal and rest breaks
    •     Deductions from wages
    •     Auditing existing or new positions for proper exempt/non-exempt classification
    •     Compliance with state compensation laws
  • Independent Contractors

     

    •     Proper classifications of independent contractors
    •     Proper treatment of temporary workers and contract labor
    •     Independent contractor agreements to minimize legal risks
    •     Review of client agreements with leasing/staffing companies
    •     Advice on “cloudsourcing” and other alternative staffing arrangements
  • Discrimination & Harassment

     

    •     Conducting and guiding clients through investigations of complaints of discrimination, harassment, retaliation
    •     Advising clients on scope of questioning, proper interview questions, confidentiality concerns, handling the alleged offender, and consensus decision-making
    •     Implementing appropriate corrective action and ensuring proper documentation
    •     Conducting investigations as a neutral third-party for employers who do not want their primary counsel to be conflicted from litigation
  • EEOC Charges

     

    •     Investigating Equal Employment Opportunity Commission (EEOC) charges of discrimination
    •     Preparing Position Statements
    •     Representing clients in EEOC mediations and the conciliation process
  • DOL Complaints & Audits

     

    •     Investigating Department of Labor (DOL) Complaints
    •     Preparing Position Statements
    •     Representing clients in DOL Audits
  • Family and Medical Leave Act

     

    •     Family and Medical Leave Act (FMLA) compliance
    •     Handling difficult “intermittent leave” situations
    •     Tightening leave policies to help curb attendance        problems and abuses
    •     Assessing when routine “sick” absences may qualify for FMLA
    •     Avoiding retaliation claims
    •     Intersection of FMLA, workers’ compensation and ADAAA
  • Medical Issues / ADAAA

     

    •     Americans With Disabilities Act Amendments Act (ADAAA) compliance
    •     Handling reasonable accommodation requests and guiding employers through the “interactive process”
    •     Advising when employers can ask medical questions, use medical assessment questionnaires to understand limitations, and apply “undue hardship,” and “direct threat” defenses
    •     Drug addiction and alcoholism
    •     Psychological disabilities and “stress” from work
    •     Workers’ compensation claims
    •     High risk terminations involving medical issues
  • Non-Compete Agreements

     

    •     Drafting and negotiation of non-compete, non-solicitation, and non-disclosure agreements
    •     Negotiating waivers and resolving disputes prior to litigation
    •     Assessing existing agreements for enforceability under state law
  • Traditional Labor / Unions

     

    •     National Labor Relations Act compliance
    •     Navigating collective bargaining negotiations, including permissible employee communications, reaching bona fide impasse, implementation of the “last, best offer,” and strikes/lockouts
    •     Helping employers satisfy “just cause” standard prior to imposing discipline on unionized workers
    •     “Protected activity” concerns, including employee comments on Facebook, Twitter and the internet
    •     Labor arbitrations
    •     Defending Unfair Labor Practice charges before the National Labor Relations Board
  • RIF / Severance Programs

     

    •     Guiding companies through workforce restructurings and reductions in force
    •     Use of assessment forms to minimize discrimination risks
    •     Speaking points for employees and notification letters
    •     Retention agreements, severance agreements, and compliance with the Older Workers Benefit Protection Act
    •     Worker Adjustment and Retraining Notification (WARN) Act and state law equivalents
  • Unemployment Claims

     

    •     Defending unemployment claims and appeals
  • Executive Representation

     

    •     Representing executives in negotiating employment agreements
    •     Assessing enforceability of non-compete agreements and other restrictive covenants
    •     Representing executives in internal investigations
  • Secondments

     

    •     Acting as in-house employment counsel for businesses on a temporary basis
    • Filling in for attorneys who have left the business, or are on a leave of absence

pgill@pattygilllaw.com      /      804.248.0722