Human Resources Counseling & Compliance

The Firm’s Employment Law Counseling and Compliance Practice Group provides training and counseling in all aspects of labor and employment law to in-house counsel, Human Resources (HR) professionals and management staff who seek to utilize preventative measures to avoid being the subject of employment-related claims, complaints and adversarial proceedings. Our attorneys frequently lecture at bar association and industry events, participate on leadership panels and provide individualized seminars to firm clients on a variety of HR-related topics.

For the past thirty years, we have represented management in employment law matters. Our extensive experience in this area has informed us that time-consuming and expensive litigation can often be avoided with planning and pro-active risk management. Proper training, early intervention by management and practical, preventative legal counseling greatly reduce an organization’s exposure to employment claims.

The Human Resources Group at Genova Burns offers human resource and labor law training, counseling, risk management assessment, and audit and compliance services in all aspects of labor and employment law including, but not limited to, the following: 

• Anti-Harassment, Discrimination and Diversity Training – We offer anti-harassment, discrimination, retaliation and diversity training to foster a cohesive and productive work environment while preserving an employer’s legal defense in the event of litigation.
• Employment Laws Made Simple – We advise on the impact of local, state and federal employment laws, to whom they apply, how they operate and related compliance issues.
• Employee Handbook Review – We work with our clients to develop and update their Employee Handbooks to effectively implement HR policies and procedures necessary for compliance with local, state and federal labor and employment laws.
• Employee Privacy Laws – We counsel on electronic surveillance, employees’ personal use of company equipment and the employer’s rights and limitations when it comes to accessing and viewing an employee’s personal e-mails.
• Hiring, Discipline and Termination – We counsel our clients on techniques that minimize legal risk employers may face from employees.
• Institutional Compliance and Best Practice Audits – We help clients audit their policies and procedures as a result of local, state and federal laws and regulations, including Conscientious Employee Protection Act (CEPA) and other whistleblower laws, discrimination laws, HR policies, Title IX, Clery Act mandates and similar statutory and regulatory requirements as well as counsel clients on best practices for improving such plans and conforming their policies to changes in the law.
• Internal Discrimination, Harassment and Retaliation Investigations – We conduct, on behalf of our clients, confidential independent investigations and give training on how to respond to internal workplace harassment and discrimination complaints.
• Local, State and Federal Employment Charges – We assist employers in responding to charges of discrimination and requests for information as well as documents received from local, state and federal administrative agencies. Also, we advocate on behalf of our clients in mediation and conciliation proceedings.
• Maintaining Employee Relations in a Union Environment – We conduct training uniquely designed for employers managing a unionized workplace. This is particularly useful when an employer loses a union election or merges with/acquires a unionized entity.
• Reduction in Force Strategy and Advice – We provide guidance on reductions in work force and restructurings, including Worker Adjustment and Retraining Notification/Older Workers Benefit Protection Act (WARN/OWBPA) compliance under state and federal law.
• Risks and Pitfalls of Social Media – We advise employers on the risks surrounding employee use of social networking sites and help them prepare policies to control the use of these sites during work and non-work hours.
• State, Federal and Local Leave Law Compliance – We offer best practices for compliance with local, state and federal leave laws.
• State and Federal Disability Laws – We consult with our clients on the nuanced interplay between leave and disability accommodation laws to avoid disability discrimination claims.
• Union Organizational Campaigns and Elections – We lead management training on union organizations and elections.
• Wage and Hour Compliance – We offer our clients audit compliance services under the Fair Labor Standards Act and state wage and hour laws.
• Workplace Agreements – We prepare and negotiate workplace agreements, including Offer Letters and Employment, Independent Contractor, Non-Solicitation, Non-Compete, Confidentiality, Arbitration, Last Chance and Severance Agreements.