Holland & Hart’s labor and employment attorneys counsel and train employers to hire, manage, and, when necessary, fire employees in compliance with federal and state employment laws. To help avoid costly fines and litigation, we talk through day-to-day employment issues as well as urgent workplace decisions. Our breadth of experience allows us to offer practical guidance on the “how-to’s” of employment situations, as well as the many laws governing the workplace, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Railway Labor Act, the Worker Adjustment and Retraining Notification Act, the Immigration Reform and Control Act, the Occupational Safety and Health Act, the Mine Safety and Health Act, and many other state and federal laws.
We partner with our clients to ensure that best practices are in place and legitimate business reasons motivate employment decisions. We take a proactive approach to guide employers on all aspects of the employment relationship, including:
- Drafting and reviewing employee handbooks, personnel policies, and human resources procedures
- Recruiting, interviewing, and conducting background checks and hiring employees
- Consulting with managers and supervisors regarding performance management, discipline, and discharge decisions
- Preparing employment, confidentiality, non-competition, and separation agreements and releases
- Classifying and paying exempt and non-exempt employees properly
- Administering leaves, such as FMLA leave and military leave
- Dealing with union organizing and preparing for and waging a union election campaign
- Investigating discrimination, harassment, retaliation, and whistleblower complaints
- Maintaining required records, such as Form I-9s, wage and hour records, etc.
- Testing protocols for drug and alcohol use
- Accommodating disabilities
- Protecting proprietary information and trade secrets
- Utilizing temporary workers and independent contractors
- Handling plant closings and layoffs
- Addressing unemployment and workers’ compensation issues
- Implementing health and safety measures, including workplace violence prevention
- Advising before, during, and after company reorganizations, sales, mergers, and acquisitions
- Working with employers to design and implement alternative dispute resolution mechanisms, such as peer-review systems, mediation, and arbitration
In all areas of workplace counseling, we serve as your trusted partner by evaluating risks, presenting options, and working with you to create practical solutions unique to your situations.
To expose potential compliance issues, our labor and employment attorneys can conduct thorough audits of your employment practices. Areas ripe for audit include wage and hour practices, Form I-9 compliance, health and safety procedures, and equal employment opportunity practices. Because of the exposure and liability that can result from non-compliant or simply ineffective processes, audits are sound investments that help you identify and fix problems before an outside agency or lawsuit forces you to do so.
We encourage employers to be proactive and conduct training on employment laws and policies regularly and whenever laws and policies have changed. Holland & Hart labor and employment attorneys offer supervisor and human resources training sessions on timely topics, such as sexual harassment, diversity in the workplace, managing employee performance, investigations, proper documentation of employment decisions, and preventing workplace violence. Often, we provide these and other training sessions on a complimentary or low-cost basis to clients at the clients' places of business. We have also provided training for individual managers or executives as part of a performance improvement process, or in response to a court or agency order or settlement that requires employee training. Whatever the setting, we will design a training programs that meets your needs and gives your organization the tools to minimize future liability for workplace actions.