Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.com
Employment Defense Attorney
Navigating the complexities of employment law can be challenging for employers. With the ever-evolving landscape of regulations and legal obligations, having a trusted legal partner is crucial. At Scarinci Hollenbeck, LLC, our team of skilled employment defense attorneys is dedicated to providing comprehensive legal services to employers. We understand the unique challenges that businesses face and are committed to protecting your interests while ensuring compliance with all relevant laws.
Key Contacts
Employment Defense Attorney
Overview
Businesses Need a Proven Employment Defense Attorney in Their Corner
Our team of New Jersey, DC, and NYC employment defense attorneys at Scarinci Hollenbeck, LLC, possesses extensive experience in defending employers against a wide range of employment-related claims. We offer strategic counsel and representation in various areas, including:
- Discrimination and Harassment Claims: Defending employers against claims of discrimination and harassment based on race, gender, age, disability, and other protected characteristics. Our attorneys provide robust representation to mitigate risks and resolve disputes effectively.
- Wage and Hour Disputes: Addressing claims related to wage and hour violations, including overtime pay, minimum wage compliance, and misclassification of employees. We assist in ensuring that your practices comply with the Fair Labor Standards Act (FLSA) and other relevant laws.
- Wrongful Termination: Defending against wrongful termination claims by demonstrating lawful and justifiable reasons for employment decisions. Our employment defense lawyers help you develop and implement effective practices to minimize the risk of such claims.
- Employee Benefits and ERISA: Advising on compliance with the Employee Retirement Income Security Act (ERISA) and defending against claims related to employee benefits, including retirement plans and health benefits.
- Labor Relations: Representing employers in collective bargaining, union negotiations, and labor disputes. Our attorneys provide strategic guidance to navigate the complexities of labor relations and maintain positive employer-employee relationships.
Area of Service
The Broad Capabilities of Our Employment Defense Group
At Scarinci Hollenbeck, LLC, our employment defense legal services are tailored to meet the unique needs of each client. Our comprehensive services include:
- Litigation Defense: Vigorous defense against employment-related lawsuits, including discrimination, harassment, wrongful termination, and wage and hour disputes. Our employment defense attorneys leverage their extensive litigation experience to protect your interests.
- Regulatory Compliance: Ensuring compliance with federal, state, and local employment laws. Our team provides proactive advice and conducts audits to identify potential areas of non-compliance, helping you avoid costly legal issues.
- Workplace Policies and Training: Developing and implementing effective workplace policies and training programs to promote a compliant and respectful work environment. We offer customized solutions to address your specific needs and reduce the risk of employment disputes.
- Investigations and Audits: Conducting thorough investigations of internal complaints and audits of employment practices to ensure compliance with legal requirements. Our employment defense lawyers provide objective assessments and actionable recommendations.
- Alternative Dispute Resolution: Utilizing mediation and arbitration to resolve employment disputes efficiently and cost-effectively. Our attorneys are skilled in alternative dispute resolution techniques, helping you achieve favorable outcomes without the need for prolonged litigation.
FAQ about Employment Defense Attorney
Yearly. Companies in New York State must provide interactive sexual harassment training once per year for all employees. Training must also be provided to new employees upon their start with the company. Because these requirements may change, it is always advisable to consult with an experienced New York employment attorney.
Employers may not ask about an applicant’s criminal record until after a conditional offer of employment has been made. Once an employer offers the applicant a position, it can ask about and consider the applicant’s criminal record. However, the company may not inquire about arrests that did not lead to a conviction (unless it is still pending and not adjourned in contemplation of dismissal) or any sealed convictions.
Employees who are paid on a salary basis are still likely to be eligible for overtime. In order to avoid this, the employer must show that an exemption applies to the at-issue employee. Job title and salary alone are insufficient to prove an overtime exemption. The test is determined by the duties of the employee.
It depends. NY Labor Law Section 195.5 requires employers to notify employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays, and hours. Generally, where an employee handbook provides that vacation days will be paid, or if the book is silent, such time must be paid out upon termination. It is important to note that if the policy provides that vacation is not paid upon termination, the policy must be adhered to in order to avoid a pattern and practice claim.
Worker misclassification occurs when a bona fide, common law employee is classified to be an “independent contractor.” In some cases, employers intentionally misclassify workers to avoid tax withholding, overtime pay, and insurance requirements, such as Workers’ Compensation and Unemployment Insurance. However, misclassification can also occur simply because the employer fails to properly understand and apply the law. States, including New York and New Jersey, have established legal tests for determining whether a worker is an employee or independent contractor. Because even innocent mistakes can lead to significant legal liability, it is worthwhile to work with an experienced wage-and-hour attorney when classifying workers.
OUR commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm a solid reputation.
Scarinci Hollenbeck is a business law firm based in New Jersey, New York, and Washington, D.C servicing clients worldwide.
If you have a legal need that is not mentioned, please contact us to discuss how we may help you.
Contact us today to learn more about how we can assist you.
Practice Area Attorneys
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Why Choose Us?
At Scarinci Hollenbeck, LLC, we pride ourselves on providing exceptional legal services tailored to the needs of our clients. Our team of employment defense attorneys offers several advantages:
- Extensive Experience: With years of experience in employment law, our attorneys have successfully defended employers in a wide range of cases. Our deep understanding of employment law allows us to provide strategic and effective representation.
- Client-Centered Approach: We prioritize our clients’ needs and work closely with them to develop customized legal strategies. Our goal is to provide practical solutions that align with your business objectives and protect your interests.
- Proactive Guidance: We believe in proactive legal counsel to help employers prevent issues before they arise. Our attorneys offer ongoing advice and support to ensure compliance with evolving employment laws and regulations.
- Strong Advocacy: Our employment defense attorneys are skilled litigators and negotiators, committed to achieving favorable outcomes for our clients. Whether through litigation or alternative dispute resolution, we advocate vigorously on your behalf.
- Comprehensive Services: From regulatory compliance to litigation defense, our full-service approach ensures that all your employment law needs are met. We provide comprehensive legal support to help you navigate the complexities of employment law.
Employment Law Insights
Staying informed about the latest developments in employment law is essential for employers. At Scarinci Hollenbeck, LLC, our employment defense attorneys provide insights and updates on key legal issues affecting employers. Here are some of the areas we focus on:
- Evolving Employment Regulations: Keeping up with changes in employment laws and regulations is critical. We provide updates and analysis on new legislation, court rulings, and regulatory changes that impact your business.
- Best Practices for Employers: Developing and implementing effective practices can help minimize the risk of employment disputes. Our attorneys offer guidance on effective policies, training programs, and compliance strategies to promote a positive and compliant workplace.
- Handling Employee Complaints: Addressing employee complaints promptly and effectively is crucial to maintaining a respectful work environment. We provide advice on conducting thorough investigations, resolving complaints, and implementing corrective actions.
- Managing Workplace Diversity: Promoting diversity and inclusion in the workplace is not only a legal requirement but also a business imperative. Our attorneys offer guidance on creating and maintaining diverse and inclusive work environments.
- Preparing for Litigation: While we strive to help clients avoid litigation, being prepared for potential lawsuits is essential. We provide strategies for documenting employment decisions, maintaining accurate records, and defending against employment claims.
Contact Us
Navigating the complexities of employment law requires a trusted and experienced legal partner. At Scarinci Hollenbeck, LLC, we are dedicated to helping employers achieve their goals while safeguarding their interests. With our locations in DC, Redbank, New York, and Little Falls, we are here to help you. Whether you need defense against employment claims, advice on regulatory compliance, or assistance with workplace policies, our team of employment defense attorneys is here to provide the legal support you need.
Contact Scarinci Hollenbeck, LLC today to learn more about our employment defense legal services and how we can assist you in navigating this dynamic and complex area of law. Our attorneys are ready to help you protect your business and ensure compliance with all relevant employment laws.
