New York City Employment Law Attorneys

Lawyers Helping Businesses Address Legal Concerns Related to Employment in New York

Most businesses will need to address issues related to employment. From hiring and onboarding through daily management of employees and termination or separation, businesses will need to comply with legal requirements addressing wages, hours, benefits, workplace safety, anti-discrimination protections, accommodations for disabilities, and numerous other issues. When employment matters are not handled correctly, businesses may face litigation, penalties, reputational harm, and disruptions that could affect their operations.

The lawyers at Health Counsel Group provide comprehensive legal support for employers. We understand the laws and regulations that apply to employers, and we work with businesses to develop policies and procedures that will minimize their legal risks. We can help clients establish sound employment policies, handle day-to-day employment matters, and resolve disputes with current or former employees.

Employment Agreements and Contracts

Employment contracts will establish the terms governing relationships between employers and employees. They can provide clarity about compensation, duties, benefits, and expectations while addressing important legal issues, including confidentiality and post-employment restrictions.

Employment agreements should clearly define job titles, reporting relationships, duties and responsibilities, work locations, and requirements regarding hours or availability. Compensation provisions will address base salary or hourly rates, bonus structures, and commission arrangements. Benefits may include health insurance, retirement plans, paid time off, and other fringe benefits.

Restrictive covenants, including non-compete agreements, non-solicitation agreements, and confidentiality agreements, can protect an employer's interests, but they must be carefully drafted to ensure that they will be enforceable. Intellectual property clauses may establish that work created during a person's employment will belong to the employer.

Termination provisions may address notice requirements, severance pay, the return of company property, and post-employment obligations. Clear termination terms can help prevent disputes about what employees are owed upon separation and what restrictions will apply after their employment ends.

For executives and key employees, employment agreements may include more detailed provisions addressing performance, indemnification for actions taken within the scope of employment, and dispute resolution procedures. Executive compensation and benefits may be more complex, but when agreements are drafted correctly, they can protect a business's interests.

Health Counsel Group works with employers to draft employment agreements that will meet their needs, provide them with the proper protections, and comply with all applicable laws. We help businesses make sure they can attract qualified candidates while protecting their interests through employment contracts.

Restrictive Covenants and Confidentiality Agreements

Non-compete agreements may restrict employees from working for competitors or starting competing businesses after their employment ends. These agreements will usually only be enforceable if they are reasonable in duration and geographic scope. They must be necessary to protect a company's legitimate business interests, and they must not place unfair restrictions on employees that would prevent them from maintaining gainful employment.

Non-solicitation agreements may restrict former employees from soliciting an employer's customers, clients, or employees. These provisions can protect employer relationships without completely preventing former employees from working in their fields. Customer non-solicitation provisions should clearly define who is considered a customer and what activities are prohibited.

Employee non-solicitation clauses can prevent departing employees from recruiting former colleagues to join competing businesses. These provisions can help an employer protect against the loss of their workforce and avoid disruption that can occur when key employees leave.

Confidentiality and non-disclosure agreements can be used to protect trade secrets and confidential business information by prohibiting employees from disclosing or using that information for unauthorized purposes. Confidentiality agreements should clearly define what information is protected while detailing the permitted or prohibited uses of this information and addressing the return or destruction of confidential materials upon an employee's termination.

At Health Counsel Group, our attorneys can draft restrictive covenants that will protect our clients' interests while meeting the proper legal requirements. We can review existing restrictive covenants and make sure our clients will have the necessary protections.

Severance Agreements

When certain employees leave a business, a company may create a severance agreement that will provide financial payments or other benefits in exchange for releases of claims against employers. These agreements can serve multiple purposes, including protecting an employer from litigation and establishing post-employment obligations regarding confidentiality and non-competition.

Severance packages may include continued salary payments for specified periods, lump sum payments, continuation of health insurance benefits, or other valuable forms of consideration. The amount and nature of severance pay may depend on factors such as the employee's position, the length of their employment, the circumstances of separation, and company policies or past practices.

Releases in severance agreements may require an employee to waive claims against an employer. General releases may cover all potential claims, while more limited releases may address only specific matters. For releases to be enforceable, an employee must receive the proper consideration, they must have adequate time to review an agreement and consult with an attorney, and they must knowingly and voluntarily agree to the terms.

Non-disparagement provisions may be included in severance agreements, and they may restrict both an employer and employee from making negative statements about the other party. These provisions can help the parties protect their reputations while preventing former employees from damaging an employer's interests.

At Health Counsel Group, our lawyers can help employers develop severance policies, draft severance agreements, and negotiate terms with departing employees. We work with clients to protect their interests while avoiding future legal concerns.

Wage and Hour Compliance

Wage and hour laws establish minimum wages, overtime requirements, and various other standards that will affect employee compensation. Employers must pay at least the applicable minimum wage for all hours worked. Overtime pay at the rate of one and one-half times an employee's hourly wages must be paid for hours worked beyond a standard 40-hour workweek. Certain employees may be exempt from overtime requirements based on their duties and compensation levels.

The misclassification of employees as exempt when they do not meet the proper criteria can lead to liability for employers. A business will need to carefully evaluate whether employees' actual duties qualify them for exemption.

The lawyers at Health Counsel Group can help employers maintain compliance with the applicable wage and hour laws. We can help clients avoid practices that could lead to penalties, and we can also work to resolve any wage and hour disputes that may arise.

Worker Classification Issues

The proper classification of workers as employees or independent contractors can be a significant concern for certain businesses. Employees are protected by wage and hour laws, and they may also qualify for unemployment insurance, workers' compensation, and other benefits. Independent contractors do not receive these protections and benefits, and businesses are not required to withhold and pay payroll taxes for contractors.

The misclassification of workers as independent contractors instead of employees can lead to liabilities for employers. Disputes may involve unpaid wages, overtime, benefits, and tax obligations. To avoid penalties, employers may need to review their policies and determine what steps should be taken to classify workers correctly.

The attorneys at Health Counsel Group can help employers evaluate how their workers are classified and make sure employment relationships are structured correctly. We can advise businesses on the risks involved in different classification approaches, help them structure employment agreements correctly, and defend against misclassification claims.

ADA Compliance and Reasonable Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities. The law requires employers to provide reasonable accommodations to ensure that people with disabilities can perform their essential job functions. Reasonable accommodations may include modifications to work environments, adjustments to work schedules, the use of assistive devices, reassignment to different positions, or other changes that will help employees perform their jobs.

Employers and employees may engage in discussions about the limitations affecting employees, the accommodations that may be possible, and the effectiveness of different options. Employers will generally be required to provide reasonable accommodations unless this would impose an undue hardship on business operations. An undue hardship may exist when accommodations would be difficult to implement or would require excessive expenses.

At Health Counsel Group, we can advise employers on how to address concerns related to ADA compliance. We can help clients evaluate accommodation requests, negotiate agreements with employees, and implement appropriate modifications. If necessary, we can defend against disability discrimination claims.

FMLA Leave Administration

Under the Family and Medical Leave Act (FMLA), employers who meet certain criteria are required to provide employees with up to 12 weeks of unpaid leave for family and medical reasons. Leave may be taken for the birth or adoption of a child, serious health conditions affecting employees, or health issues affecting immediate family members that will require an employee to provide care.

An employer must maintain health insurance coverage for an employee during FMLA leave on the same terms as if the employee had continued working. Upon return from leave, an employee must be restored to their original position or an equivalent position with equivalent pay and benefits.

The team at Health Counsel Group can help employers maintain compliance with their FMLA requirements. We can help develop leave policies, respond to leave requests, and address other related concerns. We can also defend against claims that an employer refused to provide leave when required, did not maintain benefits, terminated an employee who requested leave, or failed to allow an employee to return to their former position.

Discrimination and Harassment Claims

Employers are prohibited from engaging in discrimination against employees based on protected characteristics such as race, religion, sex, age, disability, or family status. Employers may be accused of discrimination if these factors allegedly played a role in decisions related to employment, including hiring, compensation, benefits, promotions, discipline, or termination

Employers may also need to address claims of harassment of employees based on protected characteristics. An employee may claim that an employer allowed a hostile work environment due to conduct in the workplace. Sexual harassment may be a concern in situations where managers or supervisors are accused of offering benefits to employees in exchange for sexual favors or threatening to penalize employees who do not agree to sexual demands. An employer could face penalties for their failure to protect employees against sexual harassment or other forms of harassment by managers, coworkers, or customers.

Prevention efforts can help avoid claims related to harassment or discrimination while limiting an employer's liability. These efforts may include anti-harassment policies, training programs, and prompt investigations of complaints. At Health Counsel Group, we can help employers develop anti-discrimination and anti-harassment policies. We can also work with clients to investigate complaints, take the appropriate corrective actions, and defend against discrimination claims.

Contact Our New York Employment Lawyers

Employers will need to meet a variety of complex legal obligations as they establish relationships with employees and implement the proper policies. At Health Counsel Group, our lawyers can help businesses address employment matters, making sure their interests will be protected and helping to address potential disputes. Contact our New York City employment attorneys at 123-456-7890 to set up a consultation and get help with your employment law needs.