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Advice, Counseling and Risk Management

While Kutak Rock has a cadre of litigators across the country who have experience litigating a myriad of employment claims, many of its employment attorneys also regularly provide day-to-day advice and counseling to firm clients on employment matters. These lawyers are skilled in advising employers on fundamental but essential workplace issues.

We regularly provide advice and counsel to employers to ensure compliance with local, state and federal employment laws, such as the FLSA, Title VII, the ADEA, the PDA, 42 U.S.C. § 1981, 42 U.S.C. § 1983, the ADA, the ADAAA, GINA, the Equal Pay Act, the FMLA, OSHA and USERRA. The firm also has experience providing legal counsel on matters arising under the NLRA and WARN, and we regularly provide employment advice relevant to mergers and acquisitions. When employee complaints arise, whether internally or externally, we investigate and advise proactively to minimize the risks of further claims and litigation. Clients also count on our employment attorneys in representation at hearings involving administrative agencies, such as the EEOC, as well as workers’ compensation, unemployment and union grievance matters. 

In addition, the firm’s employment attorneys have experience in the following areas:

  • Advising employers on the hiring, performance management, discipline and termination of employees
  • Educating and training employees, managers and human resources personnel regarding employment issues and topics
  • Managing and handling employee leaves of absence, employee requests for accommodation and employees with disabilities or health issues
  • Immigration laws as they apply to employees
  • The proper manner in which to conduct employee background checks
  • Advising on or conducting workplace investigations, including whistleblower complaints and sexual harassment allegations
  • Providing advice and counsel on the proper application of wage and hour laws
  • Advising on OSHA and other occupational safety issues
  • Compliance with drug testing laws and procedures
  • Application of relevant laws to employee privacy issues
  • Employee use of company property, confidential information and technology
  • Reductions in force and group separations

Firm employment attorneys also advise upon and draft employment-related documents and agreements, including:

  • Employee handbooks
  • Codes of conduct
  • Employment contracts
  • Severance agreements
  • Personnel and other workplace policies and procedures
  • Confidentiality/non-disclosure agreements
  • Non-competition/non-solicitation agreements

Through the frequent advice and counseling we provide, Kutak Rock’s employment lawyers necessarily have a deep understanding of relevant employment laws and the issues and challenges its corporate clients face on a daily basis. Moreover, to provide such services effectively, firm employment attorneys must, and do, stay current on employment law trends and changes. As such, the firm’s substantial advice and counseling practice renders firm employment attorneys exceptionally qualified to provide employment litigation services to its clients on cutting edge employment law issues.