Workplace regulations and employee entitlements have exploded and continue to erupt. Up-to-date human resource knowledge, employment policies, and management’s practices continue to be both the best prevention of and best defense to employment claims. Sullivan, Hayes & Quinn, LLC advises HR professionals and other managers on how to implement personnel tasks and employee communications to avoid employment liability. Drawing on years of employment experience in many industries and work settings, our attorneys present practical, minimal cost solutions to the day-to-day employee relations and employment law questions of management.

We provide preventive advice on:

• Affirmative action and OFCCP matters

• Age Discrimination in Employment Act

• Americans with Disabilities Act

• Arbitration

• Background investigations

• Civil Rights

• Continuation of Health Coverage (COBRA)

• Compensation

• Department of Labor investigations

• Disability law and accommodation

• Discipline matters

• Discrimination claims

• Discrimination claims avoidance

• Drugs and alcohol in the workplace

• Drug testing

• Electronic communication issues

• Employee benefits

• Employment contracts

• Equal Employment Opportunity

• Employee Retirement Security Act (ERISA)

• Family and Medical Leave Act (FMLA)

• Handbooks

• Harassment claims and investigations

• Health Insurance Portability and Accountability Act (HIPAA)

• Immigration law

• Independent contractor issues

• Labor contract grievances

• Layoffs

• Management training seminars

• Mergers

• Non-union employee grievances

• Non-compete agreements

• Occupational Safety and Health Law (OSHA)

• Overtime exemptions

• Personnel files matters

• Personnel policies

• Plant closings

• Privacy and data collection

• Records and files

• Retaliation claims

• Severance agreements

• Sexual harassment

• Temporary employees and employee leasing

• Terminations

• Trade secrets

• Unemployment claims

• Unfair competition and non-compete litigation

• Wage and hour claims

• Working Adjustment and Retraining Notification Act (WARN)

• Whistleblower claims

• Workers’ compensation

• Workplace violence

• Wrongful discharge claims

With decades of accumulated experience before many state Equal Employment Opportunity-compliance agencies, the Equal Employment Opportunity Commission (EEOC), and various courts, our veteran discrimination attorneys expertly advise employers on avoiding discrimination charges and vigorously defend them in agency and court proceedings.

Our services:

• Designing and drafting employers’ policies on prohibited discrimination, harassment and retaliation

• Conducting supervisory and employee training

• Developing affirmative action plans

• Conducting internal investigations of claims or guide management through investigations

• Representing employers before the EEOC, state discrimination agencies, in state and federal courts on discrimination, harassment, disability, age, and retaliation claims

• Defending landlords and property owners against discrimination and fair housing allegations

Our attorneys work closely with clients on techniques to avoid litigation but when charges and litigation are unavoidable, our experienced teams vigorously pursue the defense of the employer.

Our expertise enables us to give the client an early, accurate evaluation of the risk and an assessment of potential damages; as well as plan a comprehensive defense strategy. We pursue an early end to a lawsuit before a trial by motions or when appropriate, use alternate dispute resolution techniques. Throughout the litigation process, our firm’s attorneys remain vigilant about how the case may affect the client’s broad business or employee relations objectives.

Sullivan, Hayes & Quinn, LLC attorneys are admitted in Massachusetts, Connecticut, New York, and Vermont; and have also been admitted on a pro hac vice basis in many other jurisdictions. Our attorneys represent employers in federal and state courts, the National Labor Relations Board, Equal Employment Opportunity Commission, the American Arbitration Association and administrative agencies.

We represent clients in areas including:

• Prohibited employment discrimination claims under state and federal laws

• Age Discrimination in Employment Act and state age discrimination laws

• Sexual harassment

• Americans with Disabilities Act and state disability laws

• Retaliation

• Wrongful discharge and termination claims

• OSHA claims

• Violations of non-competition agreements, theft of trade secrets, violation of confidentiality agreements, violation of employment or severance agreements

• Wage and hour and overtime claims

• Compensation claims involving unpaid commissions, vacation pay

• Family and Medical Leave Act (FMLA)

• Independent contractor issues

• First Amendment claims

• Civil rights claims

• Civil service laws claims

When it comes to education law, we’ve supported administrators of private and public educational institutions and systems on a variety of employee and student matters. We understand the unique environments of higher education, public school systems and private education institutions.

Our team has assisted with:

• Faculty handbooks

• Student manuals

• Employee handbooks

• Faculty and administrators’ contracts and teachers’ agreements

• Training administrators, faculty, and teachers in discrimination, harassment, and privacy issues

• Defending colleges and school systems before administrative agencies and courts in several states in actions that allege discrimination

• Union organizing

• Collective bargaining

• Affirmative action programs

• Employee terminations

• Arbitrations

• Student discipline

• Contract non-renewals

• Time-off and leave entitlements

Additional services:

Special education and accommodations for students

• Counseling in obligations related to students with special education or accommodation needs

• Offering representation before governmental agencies or courts in special education mediations or appeals and/or providing guidance with respect to the IDEA, Section 504, the ADA and similar state laws

Student conduct

• Advising in questions involving student discipline, including the development and implementation of school policies and proper protocols for addressing issues of student discipline

Constitutional issues

• Assisting in constitutional issues involving schools, their students or their faculty such as student rights, search and seizure, academic freedom, freedom of speech, church and state concerns and due process rights

Privacy and confidentiality

• Advising in issues related to the privacy and confidentiality of students records and disciplinary or other proceedings involving students or staff

Harassment, bullying and hazing

• Assisting in issues related to the harassment, bullying or hazing of students including policy developments and counseling through sensitive issues

Immigration

• Assisting in issues related to immigration for students and staff

Policy development

• Assisting in the development and drafting of school-related policies

Our attorneys are leaders in developing compensation strategies for complying with the Fair Labor Standards Act (FLSA) and state wage-hour-overtime laws. We help clients ensure compliance with complex wage-hour regulations while minimizing costs. Our team has successfully defended employers in federal and state court wage/hour lawsuits and has represented employers in U.S. Department of Labor investigations and enforcement actions.

Our services:

• Conducting compliance audits

• Represent and advise in Department of Labor compliance investigations

• Analyzing exempt status of salaried employees

• Advising on proper classification of independent contractors

• Structuring overtime compensation systems and job descriptions

We have assisted employers in the academic, healthcare, engineering, and business fields with securing temporary work visas for employees.

Our services:

Non-immigration and immigration visas

• Assisting employers in obtaining work authorization for foreign workers through various sponsorship avenues such as H-1B, J-1 and TN visas, permanent residency and naturalization

• Preparing and filing sponsorship documents,

• Assisting organizations to develop and train human resource staff to work effectively on immigrant-related human resource issues

Regulatory compliance

• Assisting employers in meeting immigration-based regulatory obligations, including the Form I-9, social security/no-match Letters, E-Verify and those imposed by sponsorship of certain foreign workers by auditing

• Developing and drafting policies and conducting training for human resource staff

Regulatory audits

• Assisting and representing employers in preventive auditing of immigration policies and in formal government audit and workplace enforcement investigations

I-9 compliance

• Assisting employers in I-9 compliance including conducting I-9 compliance audits and reviews and representation in formal investigations

Due diligence review

• Assisting organizations with due diligence obligations relative to corporate transactions such as mergers and acquisitions

School-related immigration

• Assisting schools, colleges and universities in visa-related issues involving students as well as employees

Other services

• Assisting employers with effects of reductions-in-force (RIF) on foreign labor and issues related to transfer of United States employees to work overseas

• Advising clients on I-9 employment authorization recordkeeping issues and regulations, and conducting I-9 recordkeeping compliance audits

Our team of attorneys support both public and private sector clients across a range of issues related to labor relations and labor law. We regularly represent clients in labor controversies and this experience also allows us to provide strategies for avoiding labor conflicts.

We have a deep understanding of union organizing laws, National Labor Relations Board (NLRB) representation procedures and unfair labor practice law. Our attorneys have protected client operations in over 20 states and in a number of industries including nonprofits, manufacturing, and health and human services.

Our services:

• Assisting with collective bargaining and arbitration

• Representing clients in NLRB and state labor board cases

• Training supervisors

• Advising on grievances

• Interpreting labor contracts

• Strategizing on successfully and legally dealing with strikes

Trained managers are the best protection against employment liability. Our attorneys are experienced and accomplished trainers. They have instructed management on a wide range of employment topics, integrating both the law and the how-to into a subject. Their programs frequently utilize a workshop approach to enhance the learning experience; and are built on the needs and circumstances of the specific client.

Training programs include:

• Collective bargaining negotiations

• Dealing with the difficult employee EEO training

• Managing in a union environment

• Prohibited [sexual] harassment

• Retaining the right to manage (union avoidance)

• Stopping employee lawsuits

• Supervisory training

• Time off laws and effective discipline and documentation

• Union organizing

Sullivan, Hayes & Quinn attorneys bring their vast experience to meet the needs of the public employer. We have represented and advised cities, towns, public school districts, gas and electric commissions, water commissions, governmental authorities, and public transportation agencies. We have aggressively defended the public employer’s rights in collective bargaining, arbitrations, civil service hearings, labor board proceedings, discrimination claims, wage/hour lawsuits, and constitution or statute based legal actions.

We train public managers in how to exercise responsibilities and provide best practices for enforcing employee behavior and performance expectations effectively and lawfully. Daily, our attorneys advise city solicitors, agency executive directors, human resources directors, school superintendents and department heads on strategies to prevent and solve workplace problems.

Our services:

• Analyzing property lease agreements

• Analyzing, drafting and approving public entity contracts

• Providing on-going advice to officials on a broad range of state and federal laws including, procurement laws, public record laws, open meeting laws, election laws and general laws

• Providing legal interpretations of provisions in local charters, ordinances and bylaws

• Managing, on behalf of the public client, various transactions with other individuals or organizations such as real estate closings

• Analyzing ordinances and advising on matters to ensure compliance with state and U.S. constitutional provisions

• Drafting proposed order documents for use by municipal legislative bodies

• Researching and drafting town counsel legal opinions

Faced with citations or compliance enforcement actions? We help employers assess workplace safety and health needs, identify compliance issues, and deal with the Occupational Safety and Health Administration (OSHA) and compliance agency workplace investigations.

Our attorneys have also helped clients resolve issues with workplace violence, employee bullying and substance abuse by providing strategic advice and when appropriate, filing restraining orders and injunctions.

Our services:

• Negotiating settlements, abatements and variances

• Contesting and defending against claims of alleged OSHA violations

• Identifying compliance issues and resolutions

• Providing strategic advice

• Filing restraining order and injunctions