Operating a business in Idaho requires a keen understanding of many state and federal laws and regulations. Working with a Smith + Malek Coeur d’Alene employment and labor attorney can help you understand the requirements your company must meet, develop policies and procedures for compliance, and manage employee-related disputes.
Many laws a business must comply with surround the company’s relationship with its employees. Developing well-thought-out policies and practices at the outset can mitigate many employee complaints and foster a workplace environment built on respect, equity, and fairness. However, your company will likely still encounter employee disputes and complaints.
Services a Coeur d’Alene Human Resources Attorney Can Provide
Our team of experienced attorneys can support your business and help you understand and implement all facets of human resources law. Let’s look at some services we provide.
Compliance
Businesses are held to high operating standards and must comply with various state and federal laws. Employers must comply with laws governing the workplace, anti-discrimination, Occupational Safety and Health Administration (OSHA) requirements, environmental regulations, and more. The rules that apply also depend on the size and type of business you are running.
If you do not meet the guidelines or fail to comply with the applicable laws, you and your business may face serious fines and penalties. A trusted Coeur d’Alene employer lawyer is a vital resource to have on your team. They can create and draft standard operating procedures and policies to keep your business compliant. An attorney can also provide risk assessment and strategic advice.
Discrimination
A large component of human resources law is employment discrimination. Employees are protected against discrimination in the workplace by federal and state employment laws. If an employee is not hired or is terminated, demoted, reassigned, or otherwise treated adversely based on a protected status, they may have a claim against the employer for relief. Protected classes include:
- Race,
- Gender,
- Religion,
- National origin,
- Sexual orientation,
- Age,
- Disability,
- Marital status, and
- Pregnancy.
Employers are also responsible for making reasonable accommodations for employees with disabilities.
Allegations of discrimination can be against coworkers, supervisors, executive leadership, and partners. Employers should take allegations seriously and address the issues quickly.
Having anti-discrimination policies in place can reduce the likelihood of an employee experiencing discrimination. However, employers must also be prepared to act quickly when allegations arise to mitigate their exposure. Employers also need to be ready to defend against the allegations if they proceed to litigation. A Smith + Malek Coeur d’Alene employer attorney can develop forward-thinking anti-discrimination policies to prevent your business from such allegations. If an employee files a claim, an employment and labor attorney can gather evidence to support your case, negotiate with the other party, and zealously defend you in court.
Workplace Safety
Most private sector employers and their employees in the United States are governed by the Occupational Safety and Health Administration (OSHA). Under OSHA, employers are responsible for maintaining a safe workplace. Employers must follow many complicated state and federal laws and regulations to ensure workplace safety.
Smith + Malek understands that implementing safety measures on the front end can avoid costly penalties, workers’ compensation claims, and third-party lawsuits. An attorney can partner with your company to develop forward-looking compliance strategies and policies for workplace safety. They can also create and maintain successful relationships with enforcement agencies like OSHA.
Employee Leave
If an employee works at an organization with 50 or more employees, they can take leave under the Family and Medical Leave Act (FMLA) for a medical emergency, parental leave, or to take care of a family member.
Under FMLA, employers must meet specific criteria to provide employees with up to twelve weeks of family and medical leave. Understanding if your company is a “covered” employer that must offer FMLA benefits is confusing. Employers also have a variety of notice, recordkeeping, and reporting requirements for FMLA purposes. An employment and labor attorney can help your company identify if it must offer FMLA benefits and manage any claims that could arise from employees who seek or are denied leave. Smith + Malek can help you understand your rights as an employer.
Additional Services
In addition to the services listed above, we can also provide your business with support related to the following:
- Employee leave,
- Wage requirements,
- Layoff procedures,
- Workers’ compensation,
- Benefits and compensation,
- Wage and overtime standards,
- Employment contracts and severance agreements,
- Wrongful termination, and
- Whistleblowing and retaliation.
Smith + Malek, PLLC is prepared to team up with your company to ensure it is operating in compliance with existing rules and regulations, as well as providing a safe and respectful workplace for your employees.
Smith + Malek, PLLC: Your Trusted Human Resources Attorneys
Smith + Malek has provided clients with superior human resources legal support since 2015. We understand the intricacies of the state and federal laws and regulations that dictate how a business operates in the employment context. We pride ourselves on fighting to protect your rights as a business owner and helping you run a successful business. As a small firm, we can dedicate our time and attention to understanding your business goals and bringing them to fruition. Contact us today to learn how we can serve as your trusted Coeur d’Alene human resources attorneys.