Employers are required by state and federal law to provide equal employment opportunity. However, the law in this area is constantly changing and causes a great deal of confusion for employers. Moreover, the meaning of equal opportunity is still the subject of much debate in the courts. What accommodations must you provide? How do you balance those accommodations with the needs of your business? What do you do if one of your employees accuses another of your employees of harassment? If you are sued for unlawful discrimination or harassment, or related offenses, you will likely need to demonstrate not only that you had a good reason for taking an adverse employment action, but that the good reason was not simply pretext for unlawful discrimination. It can be very difficult to fight these claims. Thus, it is advisable to consult with legal counsel at any stage of an EEO dispute – when any EEO complaints are made by employees or when EEO issues arise. Fighting EEO claims requires expertise in both employment law and litigation. Our attorneys are prepared to help at any stage of an EEO dispute.
Although New York is an employment at will state, it can often be useful with certain types of employees to have terms of conditions of employment contractually agreed upon. Our team of labor and employment attorneys can work with you to determine whether employment contracts, non-compete agreements, confidentiality agreements, or other types of employment contracts would make sense for your business.
Employers are required by state and federal law and regulation to provide employees with various notices at or near the time of hire, at termination, and throughout employment. It is often useful and sometimes legally required for employers to have written policies reflecting that the employer complies with various state and federal laws. The labyrinth of state and federal regulation can be daunting to navigate, but our labor and employment attorneys are here to help! We have experience drafting employee handbooks and policy manuals, and advising clients on issues such as record retention, employee benefits, and termination of employees.
Termination of an employee can be stressful for both the employer and employee, and there are a number of factors that should be addressed when negotiating a severance agreement. At Miller Mayer, our attorneys have experience both drafting severance agreements on behalf of employers and negotiating terms of severance on behalf of employees.
State and federal minimum wage, maximum hour, and salary exemption issues have always presented challenges for employers. However, the new federal overtime regulations which go into effect December 1, 2016 have created a paradigm shift in the way many employers do business, almost doubling the pay threshold for salary exempt employees. Our labor and employment attorneys stay abreast of the changing regulatory landscape with respect to wage and hour rules, and are prepared to assist your business in making the shift to the new rules.