Employers face a heavy compliance burden with the thousands of complex and frequently changing laws and regulations that govern labor and employment. Even seemingly minor mistakes can expose a company to costly litigation and administrative penalties and damage employee relations. Employers constantly need to examine and update their policies, procedures, and business practices in order to stay current with the dynamic legal environment and to protect against risk factors that could threaten their organization.
To address these potential risks, Nixon Peabody’s Labor and Employment attorneys emphasize and provide cost-effective, proactive, and cutting-edge business solutions. A crucial aspect of this approach is to create and implement state-of-the-art standards of corporate and social conduct that harmonize an employer’s core values with local customs and legal requirements. We work collaboratively with our clients to develop responsible business practices and train employees to promote a culture of compliance. Our services include:
- Drafting all forms of employment policies and procedures, handbooks, and all other documents
- Counseling through each stage of the “life cycle” of an employee, from hiring and recruiting practices to performance evaluations to separations and reductions in force
- Reviewing existing policies and practices for compliance with the wide array of laws and regulations
- Conducting compliance audits related to a variety of wage-hour claims, including those involving timecard issues, meal and rest period breaks, and overtime exempt status and pay practices
- Developing Health Insurance Portability and Accountability Act (HIPAA) compliance programs and other privacy related programs
- Developing a disaster preparedness and recovery plan
- Keeping clients updated on emerging workplace challenges to ensure proactive compliance
We also advise clients during investigations of policy violations and in the enforcement of the corporate standards of conduct.
Social media in the workplace
Given the widespread use of social media by both employers and employees, the workplace has expanded well beyond the office door. Our attorneys are at the forefront of advising employers on the intersection of social media, workforce management, and brand protection. We proactively advise clients on the potential risks and opportunities associated with social media use in the workplace, and have tailored social media policies and related guidance to clients, ranging from small local banks to large multinational corporations.
Innovative, interactive training
We believe that preventative counseling minimizes compliance problems and workplace disputes before they occur, and fosters a climate of mutual respect among coworkers. Our training programs provide supervisors, managers, and human resource professionals with the knowledge and tools needed to respond to the human resource challenges they face every day. We translate the business and legal compliance issues into practical guidelines that our clients can apply to their daily business operations.
Our programs are tailored to each client’s business needs. They are conducted in a workshop-like environment that encourages questions and active participation by all. The programs combine lectures, question-and-answer sessions, and participatory discussion of hypothetical “vignettes” to illustrate various points. Topics cover an array of workplace issues, such as sexual harassment avoidance training and supervisory skills training. Whether conducted in person, on the web, or via video conference, our interactive training techniques are designed to be educational, entertaining, interactive, and memorable.
Our cutting edge counsel is also formed by our own experience as a firm. Nixon Peabody is a leader in developing innovative hiring, retention, and training programs, such as domestic partner benefit programs, employment anti-harassment and nondiscrimation training programs, and disaster preparedness programs.
Webinar Recording: Your Company's Online Reputation—Rights & Risks of Employees Using Social Media
Originally recorded June 3, 2013 | June 12, 2013
New York City Council enacts mandatory paid sick leave bill
Employment Law Alert | May 23, 2013
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New York State DOL publishes proposed regulations regarding permissible wage deductions
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May 17, 2013
Court strikes down NLRB's Poster Rule
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May 8, 2013
Workplace agencies impacted by the sequester
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April 30, 2013
NLRB finds online discussion between non-union employees "protected activity"
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January 3, 2013
Five New Year's resolutions for employers
Employment Law Alert
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January 2, 2013
Recent NLRB decision leaves employers in a precarious position between possible ULP or sexual harassment liability
Employment Law Alert
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October 9, 2012
NLRB issues first decision regarding "online discussions" and ALJ issues decision regarding social media policies
Employment Law Alert
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October 2, 2012
New Hampshire law to require employers to disclose non-competition agreements
Employment Law Alert
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June 18, 2012
Employers take note: new EEOC guidance on criminal records in employment
Employment Law Alert
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May 22, 2012
Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert
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May 7, 2012
California holds that state overtime law applies to non-residents working in the state
Employment Law Alert
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July 14, 2011
Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert
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July 13, 2011
France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert
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July 8, 2011
Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert
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June 24, 2011
Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert
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June 23, 2011
Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert
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June 20, 2011
Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert
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June 14, 2011
Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert
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April 28, 2011
New FLSA rules address tip pooling, fluctuating workweek, and other issues
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April 13, 2011
California lawsuits have employees standing up for their right to sit down
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April 7, 2011
New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert
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April 4, 2011
New York Wage Theft Prevention Act effective April 9, 2011
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March 28, 2011
Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert
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March 11, 2011
Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert
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March 1, 2011
The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert
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February 24, 2011
California court weighs in on meal period rules
Employment Law Alert
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February 24, 2011
California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
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February 23, 2011
U.S. Supreme Court announces broader employee protection under Title VII
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February 11, 2011
The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert
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February 7, 2011
Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert
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January 25, 2011
Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert
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January 25, 2011
California mandates paid leave for organ or bone marrow donation
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January 18, 2011
Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
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January 10, 2011
New California meal period exemptions in effect
Employment Law Alert
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January 7, 2011
Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements
Employment Law Alert
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December 20, 2010
New York makes several changes to Labor Law
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December 15, 2010
California resolves limitations periods on waiting time penalties claims
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December 9, 2010
Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert
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November 16, 2010
Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert
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November 11, 2010
Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert
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November 11, 2010
No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert
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October 13, 2010
It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert
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September 29, 2010
New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert
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September 3, 2010
Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert
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August 19, 2010
Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert
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August 12, 2010
Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert
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July 14, 2010
FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert
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June 24, 2010
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