THE BOLIN FIRM
Employment Law Evaluation
Prior to taking an adverse job action or while contemplating it, it may be prudent to seek a proper Employment Law Consultation that should involve neutrality, which the Bolin Firm offers. An employee who is seeking t to commence legal proceedings may wish to understand what lies ahead. It is best to seek neutral consultation prior to commencing such litigation.
The Bolin Firm’s experience, independence and neutrality form our core competitive advantage.
When the Bolin Firm is approached to undertake a workplace consultation, the first step is booking a one-hour consultation to discuss the issues involved, confidentially. The hour should be more than enough to give a clear picture of how the employee or the employer should proceed.
With her wealth of experience in investigations, litigations, trials, arbitrations, mediations and settlements of employment law and study of Human Resources Management at the Harvard Extension School, Ms. Bolin stands in a unique position to assist employees and organizations’ Human Resources departments in navigating some of these issues.
The Bolin Firm may help identify and discuss remedial actions relative to any practices that are contributing to some of the legal issues highlighted that could impact workplace productivity, employee engagement, job satisfaction, retention, and employee well-being through investigations of emplyment-related complaints within organizations. Taking a proactive approach to workplace allegations of wrongdoings can reap great rewards for both the employee and the organization.
Retaliation
The Bolin Firm offers consultation relating to retaliation for complaining about, participating in reporting, investigation or opposition of discriminatory conductor other protected activity is of particular interest to me. Statutes and case law have developed in this area to make retaliation a separate actionable violation. Thus, retaliation for exercising protected right and can give rise to a free-standing claim irrespective of the merit of the underlying complaint that drew the retaliatory act.
Workplace Discrimination
Workplace discrimination relates to recruitment, hiring, coaching, culture, gender, sexual orientation, nationality, race, disability, pregnancy, pay inequality, religion including in appearance and clothing, age, and genetic information. There are laws that govern and protect against discrimination in employment, unlawful harassment, hostile work environment, how disputes are handled and retaliation. These laws, in some case, have federal state and local components. They include: The Americans with Disability Act (ADA) which protects the disabled against discrimination; Age Discrimination in Employment Act (ADEA) which prohibits discrimination in hiring, firing and promotion of persons 40 years and over; The Equal Pay Act (EPA) and the Lilly Ledbetter Fair Pay Act which together form powerful deterrents against gender discrimination, with their main objective being to bridge gender gap in pay; Title VII of the Civil Rights Act as amended, which protects against discrimination based on race, color, national origin and sex including pregnancy, sexual orientation and gender identity; Pregnancy Discrimination Act (PDA) which forbids discrimination based on pregnancy; and the Genetic Information Nondiscrimination Act (GINA) which prohibits the use of genetic information in employment, health and health coverage decisions.
Good prevention, training and mitigation practices and policies should be top of mind in dealing with discrimination in employment. Setting up an accessible, neutral, and thorough investigative processes that goes beyond what the law mandates should be the aim of every organization.
Employee Benefits Laws
The Supreme Court’s recognition of same marriage led to significant changes in laws affecting benefits following the expansion of the definition of “spouse” to include same sex couples. Thus the laws that were impacted include the Affordable Care Act (ACA), Employee Retirement Income Security Act (ERISA) which stipulates what standards apply to companies offering benefits like severance and pension; the Consolidated Omnibus Budget Reconciliation Act (COBRA) which affords continuing health insurance coverage for a period after an employment action; and the Health Insurance Portability and Accountability Act (HIPAA) that protects against discrimination based on medical history or condition of the employee or prospective employees, as well as protects the privacy of employees and their dependents from unwarranted release of their personal medical records. HIPAA in the workforce has seen some challenges in implementation in the COVID-19 era. HR leaders should take the lead in crafting benefits that strive to bring the impacted workers closer to equity and parity. Any HR-related investigation must delve into treatment of employees in this category.
Immigration Laws
The Immigration and Nationality Act (INA) requires that employers can only hire those that are eligible to work in the United States, requiring the use of USCIS Form I-9 to verify employment eligibility. The INA requires that organizations be familiar with the various categories of individuals who are authorized to work under the laws of the United States. The employer must know all the intricacies of the various classes of employees as classified under immigration laws. There are stiff penalties for non-compliance and ignorance of the law is not a recognized excuse.
Fair Labor Standards Act
The Fair Labor Standards Act dictates the national minimum wage, established 40-hour work week and overtime pay with certain exemptions for farm workers; labor classifications, child labor regulations and what constitutes an employee or an independent contractor. In this category is the Family and Medical Leave Act with entitles employees to up to 12 weeks of unpaid leave for certain medical or family reasons.
Workplace Safety and Security
Workplace safety and security includes workers’ compensation laws and the Occupational Safety and Health Act (OSHA). A particular interesting feature of OSHA is the whistleblower protection it affords employees against retaliation for reporting violations of most federal labor and public safety laws. A healthy organization requires a healthy workforce that boosts employee engagement, productivity, and profits. Thus, it is important to institute and implement policies and practices like job hazard analysis in accident prevention, training, regular inspections, safety audits, reducing unsafe conditions, abating nuisance, providing proper personal protective equipment, and where possible adopting relevant OSHA-employer Voluntary Protection Programs.
Occupational security also implicates terrorism, workplace violence, piracy, theft of intellectual property and the use of non-compete agreements. A strong safety climate is a good predictor of the effectiveness of the organization’s safety management policies and practices. When an accident or injury occurs through negligence or intentional acts, policies and practices must be in place to secure effective medical care, conduct a thorough investigation, and take immediate remedial measures.