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Employment

Overview Employers in today’s world face a growing number of laws and regulations governing the relationship with employees. The ever-increasing complexity of the laws can quickly prove a trap for the unwary. Strange-sounding acronyms — ADA; ADEA; Title VII; IRCA; FAMLA; ERISA and COBRA — impact virtually every employer. The Employment Law Practice Group of Arnall Golden Gregory LLP consists of legal professionals who have extensive experience in guiding employers through this maze of laws and regulations that affect all aspects of the workplace.

Practice Preventive Medicine Before Problems Appear The litigators in the Employment Law Practice Team have successfully defended clients against alleged violations of a variety of these laws. The primary goal of the Group, however, is to assist in avoiding litigation by helping to comply with these laws before problems arise. The attorneys help their clients design, implement and administer workable policies and procedures that will have the dual effect of facilitating compliance with legal requirements while still fitting within the framework of business needs.

Employment Law Compliance Reviews AGG is equipped to provide a full range of services to address specific needs. These services can be as simple as revising employee handbooks, to as complicated as conducting an extensive "Employment Law Compliance Review." During a Compliance Review, the attorneys will examine the policies, documents and procedures that an employer uses daily. They will analyze the full range of employment practices, including interview and discharge procedures, sensitivity to discrimination and harassment issues, the adequacy of I-9 Forms and other immigration-related compliance, the legal viability of drug and other medical testing, record-keeping and retention practices, and wage and hour compliance. Following the Review, they will identify strengths and weaknesses, highlight areas needing correction and suggest remedial measures.

Information Services - Newsletters, Bulletins, Consultation Informed employers are the best employers. With the proliferation of frivolous suits permeating the legal environment today, there is no guarantee that any employer can avoid all litigation. The more informed an employer is about the ever-changing laws, however, the better equipped they will be to recognize and avoid problems as well as deal with them if they arise. A cornerstone of the Employment Law Practice Team’s activities is keeping clients informed of important developments in the law through newsletters, bulletins and one-on-one communication. For example, the attorneys could help formulate leave of absence policies which comply with the requirements of the Family and Medical Leave Act of 1993. Similarly, they can help employers ensure compliance with the Americans with Disabilities Act ("ADA"). Not only does the ADA require the workplace to be user friendly to disabled individuals, but it requires employers to reasonably accommodate employees’ and applicants’ physical and mental disabilities. AGG's attorneys keep abreast of the evolving standards concerning these requirements in order to best advise their clients.

Discrimination Counseling Most responsible employers would never discriminate intentionally. But many employers do not know that race, sex and age discrimination can arise from words or actions which might otherwise appear harmless. For example, a seemingly innocuous statement in an employee handbook, job description or other materials can give rise to discrimination complaints. The Employment Law Practice Team regularly consults on these issues and assists in drafting and revising handbooks, advertisements, and other pertinent documentation.

Responding To Today’s Employment Issues HIV is probably the fastest growing health issue in this country. It also is a growing issue of legal concern. As a result of the ADA and general privacy concerns, employers must be sensitive to the needs of HIV-positive employees as well as those who have other special medical conditions. AGG's attorneys can help develop and implement policies to respond to concerns raised by customers as well as fellow employees about HIV-positive workers.

Dealing With Employee Concerns and Benefits Of course, discrimination is not the only legal issue that an employer faces on a day-to-day basis. Every time another employee is hired, an employer confronts questions regarding compensation, job duties, working relationships, and potentially, termination. Attorneys in the Employment Law Practice Team help clients negotiate nonqualified deferred compensation arrangements, equity-based compensation programs, and severance arrangements. To protect a client's business both during and after the employment relationship, the attorneys will help structure workable, enforceable nondisclosure and noncompetition agreements, and enforce them when necessary. Further, they can design, implement and help administer employee benefit programs such as qualified retirement plans, employee stock ownership plans, health insurance plans and cafeteria/flexible spending account plans.

Complying With The Laws/Reporting Requirements Compliance with the law often is not enough. Every day, human resource professionals face a myriad of technical reporting requirements. For example, IRCA, the Immigration Reform and Control Act of 1986, requires documentation of employees’ immigration status. ERISA, the Internal Revenue Code, and COBRA all impose extensive, and virtually daily recordkeeping, notification and other requirements. AGG's lawyers can review compliance with these requirements and identify areas for improvement. Further, not only can they help assure compliance with IRCA, they can assist an employer in obtaining work authorization from the Immigration and Naturalization Service for foreign nationals that have been hired.

Structuring Employment Aspects of Corporate Transactions For businesses that are planning to grow, AGG's attorneys have been actively involved in a variety of acquisition transactions. They can negotiate employee benefit matters for mergers and acquisitions, identify employment law pitfalls which the transaction may spawn, structure the acquisition to minimize exposure to such liabilities, modify qualified retirement plans to accommodate employers' interests, coordinate health insurance coverage, plan severance, parachute and incentive-based compensation packages, and negotiate employment, consulting and noncompetition agreements for key executives and other employees.

Conversely, for businesses planning to downsize, it may be necessary or desirable during periods of decreased activity to reduce the size of the workforce. AGG's lawyers can help in implementing a "Reduction in Force," and help design Early Retirement Incentive Programs and other arrangements which ensure compliance with applicable legal restrictions on reductions, such as the "WARN" Act (The Worker Adjustment and Retraining Notification Act, which may require sixty days advance notice of a lay-off), and the Older Workers Benefit Protection Act.

Litigation They say an ounce of prevention is worth a pound of cure. Nevertheless, all the preventive measures in the world cannot guarantee that an employer will never face a claim or lawsuit. AGG's litigation attorneys are here to help in that event as well. They have successfully defended clients against discrimination charges before the Equal Employment Opportunity Commission and in state and federal courts, as well as in lawsuits involving interpretations of employment agreements, noncompetition and confidentiality agreements and employee benefit plans.

Summary In summary, AGG's Employment Law Practice Team is here to help. From prevention to cure, they can meet changing employment law needs. AGG has a variety of services available to meet specific areas of concern, ranging from the Employment Law Compliance Review, to employee training and consultation services. The firm makes its best efforts to send clients on the way to full legal compliance while not impairing a business’ ability to compete effectively in the marketplace. Today, businesses need thorough, comprehensive and practical advice and assistance in handling employment issues. The Employment Law Practice Team of Arnall Golden Gregory LLP provides that advice and assistance efficiently, responsively and cost effectively.