Laura Garofalo Law, LLC understands that effective employment law counseling comes from a thorough understanding of a client's business and unique workplace culture. With years of in-house employment law experience, as well as professional human resources experience, we understand the impact our advice will have on a business’s culture and operations.
What may seem like a simple employment decision can easily spiral into time-consuming, disruptive, costly litigation. We focus on employment litigation prevention, offering employers day-to-day Human Resources counseling, policy review and creation, training, and preventative strategies. We do this with an eye toward the client’s culture - or desired culture - and a respectful workplace. We like to say, just because you can do something doesn’t mean you should do it. If a client does find itself as a respondent to an agency discrimination charge, we can help with that, too.
Human Resources Counseling
We work with employers on day-to-day workplace decisions to help minimize their risk.
employment practices audit
We can audit an employer’s HR practices to proactively identify potential areas of liability, including hiring practices, wage and hour (for example, exempt/non-exempt classifications, payment of overtime), retention of independent contractors, leaves of absence, disability and religious accommodation, reasonable suspicion, handling of employee complaints, and recordkeeping.
Employee Pay Practices
We advise clients in all aspects of wage and hour law, including classification as exempt or non-exempt, payment of overtime, and payout of wages.
HR Policy/guidelines review, CREATION
The first step in avoiding employment liability is to have well-drafted, legally-compliant policies/employee handbooks that are understood by employees. Also, a set of written guidelines for HR can help maintain consistency and legal compliance in tricky situations. Think: reasonable accommodation process for disabilities, reasonable suspicion of drug or alcohol use while at work. We offer policy and guideline review, or creation if needed, working with clients to fit their needs.
Reduction-in-force analysis
Clients going through a reduction-in-force have numerous concerns, including potential discrimination claims. We can assist with the planning and implementation of a client's RIF, including conducting a disparate impact analysis to help minimize risk.
INVESTIGATIONS
If an employer lacks the skill, experience, or time to investigate an employee complaint or potential workplace violation, or desires independent judgment, we can provide that independent investigation. This may entail speaking with and ascertaining the credibility of witnesses, reviewing and evaluating evidence, providing an unbiased report of the investigation, and providing recommendations on next steps.
training
We provide training programs that help foster respectful, productive work environments and equip HR and managers with the knowledge to stay out of court. We offer training in a variety of areas, including anti-harassment, discrimination, and retaliation; leaves of absence and reasonable accommodation; hiring practices; and wage and hour issues. We can tailor training to the client’s needs.
In addition, Laura Garofalo has been working with Fair Measures, Inc. since 2018, delivering legal training to companies’ executives, human resources, managers, and single contributors on harassment prevention and respectful workplaces; effective workplace communication; and management training on interviewing, performance management, employee terminations, and other challenging management issues; as well as providing one-on-one sensitivity training. https://www.fairmeasures.com/employment-law-training/harassment-prevention-training/
agency responses
We represent employers who are the subject of a state or federal discrimination charge. We prepare clients' responses and represent them at agency proceedings and mediation.