The Sherman & Howard Difference

Our Workplace Counseling group includes attorneys with a broad range of relevant experience, including former in-house counsel, human resource professionals, district attorneys, and National Labor Relations Board (NLRB) agents. With this skill set, our team combines deep insight and a well-rounded perspective with firsthand experience that few firms can match. We know our clients’ industries and take the time to understand their business goals and challenges. Then we provide tailored solutions to meet their objectives.

Our Approach

Unlike other firms where one team advises and another litigates, our Workplace Counseling team provides both real-time advice and litigates on behalf of employers in courts and before federal, state, and local agencies. By always advising with an eye toward possible litigation, we help our clients develop and implement defensible policies and decisions based on sound business judgment.

Services

Our Workplace Counseling team offers comprehensive guidance through every stage of the employment life cycle, from recruiting through separation. We help our clients with matters that include:

 

INFRASTRUCTURE

  • Advice for launching or growing a business
  • Workforce growth and hiring strategies
  • Independent contractor versus employee classification
  • Exempt versus nonexempt classification
  • Job description development and review
  • Compensation structure and employee benefits
  • Affirmative action compliance
  • Government contractor compliance (OFCCP)
  • Workplace safety compliance

 

RECRUITMENT & HIRING

  • Job posting compliance
  • Interviewing best practices
  • Applicant screening and drug/alcohol/medical testing
  • Background check (credit and criminal) compliance
  • Employment agreements
  • Confidentiality, trade secret, noncompetition, and nonsolicitation agreements

 

POLICIES & TRAINING

  • Employee handbooks, policies, practices, and training
  • Advice on human resources best practices
  • Antidiscrimination and antiharassment compliance and training
  • Whistleblower and antiretaliation compliance
  • Wage and hour compliance (FLSA)
  • Record retention requirements
  • Privacy and data protection compliance

 

RETENTION

  • Employee relations
  • Labor relations
  • Labor grievances
  • Investigations of workplace complaints and crisis response strategies
  • Reasonable accommodations (Title VII, ADA, PDA, and state law)
  • Leaves of absence (FMLA)
  • Performance reviews and counseling best practices
  • Retention bonuses
  • Wage and hour/equal pay audits
  • Worker safety (OSHA/MSHA)
  • Workplace violence prevention and crisis response strategies

 

SEPARATION

  • Employee counseling and discipline
  • Employee terminations
  • Severance policies and agreements
  • Waiver and release agreements
  • Layoffs, reductions in force (RIFs), and WARN Act compliance
  • M&A-related due diligence and employment integration