At Kendall Law Firm, we help employers navigate the plethora of federal and state laws that govern the employer-employee relationship. Our experience and in-depth knowledge of both sides of employment law, including the representation of some Fortune 500 companies, allow us to provide comprehensive legal counsel to our clients in all aspects of employment law. Our attorneys frequently represent employers in the following areas:
- Defending employers in discrimination and wrongful termination litigation in state and federal courts;
- Defending employers before the Equal Employment Opportunity Commission, the United States Department of Labor, the Arkansas Department of Labor, the Arkansas Department of Workforce Services and other state and local agencies;
- Drafting of covenants not to compete, confidentiality agreements, and other employment contracts;
- Drafting of handbooks, policies and procedures;
- Conducting workplace investigations; and
- Training to meet the specific needs of the employer.
Advice, Counseling, Policies and Preventive Practices
In most areas of life, an ounce of prevention is worth a pound of cure. This philosophy holds true when it comes to employment policies and practices. We assist employers with developing sound policies and practices backed by state and federal case law. We work directly with management and human resources personnel to create:
- Employment applications,
- Performance review documents,
- Employee handbooks,
- Non-compete agreements,
- Separation agreements,
- Independent contractor agreements, and
- Company policies that comply with local, state, and federal guidelines.
We advise our clients on how to create and implement training programs designed to curb workplace harassment and discrimination. Employers often underestimate the importance of providing training to prevent harassment and discrimination in the workplace until they find themselves defending such a claim. Conducting appropriate training, however, can mean the difference between a defensible claim and automatic liability due to the unlawful conduct of a supervisor.
In addition, we provide day-to-day counseling to employers on a variety of human resource matters. Employment laws and regulations are increasing in number and becoming more complicated every year. We keep our clients informed on how these laws affect their business and work to prevent problems before they occur.
We strive to ensure that our clients’ employees are their greatest asset — not their biggest liability.
Litigation and Administrative Procedures
When a dispute cannot be resolved informally, the Kendall Law Firm is prepared to litigate to protect our clients’ interests. Our attorneys regularly appear before state and federal courts as well as governmental agencies including the Equal Employment Opportunity Commission, the United States Department of Labor and the Arkansas Department of Labor.
The Equal Employment Opportunity Commission is a federal agency that enforces civil rights and handles workplace discrimination and harassment claims based on the following:
- Gender, including pregnancy
- National origin
- Equal Pay/Compensation
- Genetic Information
The United States Department of Labor is a federal agency that enforces a multitude of federal laws and regulations. One such law is the Fair Labor Standards Act (FLSA), which affects most private and public employers. Compliance with the FLSA requires a detailed understanding of its regulations, careful and consistent application of regular and overtime rates, and in depth analysis and review of exempt and non-exempt classifications. Many employers, for various reasons, attempt to circumvent the employer/employee relationship and turn to independent contractors to get the job done. However, these relationships are full of risks, and the FLSA, as well as numerous other employment laws, may still be applicable.
What You Need to Know
Claims of discrimination or other wrongdoing can seriously damage a company’s reputation and cause considerable disruption in the workplace. When these allegations are unfounded, employers often feel helpless. We at Kendall Law Firm offer the support and guidance businesses need to meet these claims with the appropriate action, whether that includes further investigation, conciliation, mediation, arbitration or trial.
Knowledgeable, Dependable Counsel for Employers
The Kendall Law Firm’s comprehensive employment law practice covers the full range of employment and management issues. Contact us today at 479-464-9828 to speak with an employment law attorney.