The Labor & Employment practice group provides a wide range of labor and employment services to businesses of every size, from small family-owned enterprises to multinational corporations. We also represent employees, managers and business executives on labor and employment matters.
We regularly advise employers on issues surrounding employee contracts, classification and discipline to avoid what can be common, but costly mistakes. When an employee is first hired, their status as exempt, non-exempt or (rarely) independent contractor can have a myriad of implications for their proper compensation and accounting of hours worked.
Many clients seek our advice on the creation or revision of a detailed employee handbook, so that their employees understand the company’s expectations, and in turn, the rights and benefits provided to them. This ensures compliance with applicable federal statutes, such as the Family Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, Occupational Health and Safety Act, Immigration Reform and Control Act, and the Employee Retirement Income Security Act.
We share best practices on the documentation of employee performance and disciplinary actions to protect employers from potential lawsuits. Proper crafting of restrictive covenants to protect intellectual property rights and confidential business information, as well as non-compete and severance agreements, can minimize exposure to litigation.
A new challenge in employment law is the use of social media as an employment tool, an evolving subject that requires vigilance to avoid divulging protected information and triggering discrimination complaints.
Fletcher Tilton attorneys have a special expertise in representing employers with the negotiation and administration of collective bargaining agreements.
When preventive measures are not sufficient, our attorneys provide representation before state and federal courts and agencies, including the Massachusetts Commission against Discrimination and the Equal Employment Opportunity Commission. Our work includes the presentation and defense of claims for wrongful termination, sexual harassment, employment discrimination, unfair labor practices, and other employment-related claims.