Full-Service Employment Law Firm For Employers
For businesses, employment law issues are a minefield that must be navigated with care. A misstep or oversight could have costly consequences, including lawsuits by current and former employees.
At Hardin Thompson PC, our employment law attorneys provide sound legal counsel and strong representation for employers nationwide. Our practice is geared toward preventing employment law disputes when possible, and resolving disputes quickly and cost-effectively when they do arise. This includes a full range of FLSA and EEOC compliance matters.
What We Do
We represent businesses in a wide range of industries, ranging in size from sole proprietorships to large corporations. We offer cost-effective solutions for small and midsized businesses that wish to forgo the onerous expense of in-house legal counsel. A special focus of our employment law practice is serving the legal needs of staffing companies. Whatever employment law matter your company faces, our lawyers are prepared to help you achieve a favorable resolution.
Because of our extensive trial experience, we can often resolve employment law disputes before they go to court. Our approach to law is proactive and detail-oriented. A seemingly minor detail today could spiral into a costly liability in the future. Our experience positions us to identify problems that need to be fixed.
Answering The Questions You Have About Employment Law
Our knowledgeable lawyers can supply the answers you need to all your most complicated questions about employment law. In the segment below, you will find a few answers to some of our clients’ most frequently asked questions.
What problems can FLSA violations cause?
It is crucial to comply with the FLSA. If you do not, you face the risk of civil lawsuits from your workers. You could also face disciplinary proceedings, civil fines of up to $10,000 and even jail time. Employers have strict liability for FLSA violations, which means that you cannot claim a violation was accidental or out of ignorance of the law.
What is the definition of an employee under the FLSA?
Some of the most important criteria that define an employee according to the FLSA include:
- Depends economically on the employer
- Performs work that is integral to the employer’s company
- Performs work subject to the control of the employer
- Has an indefinite or permanent relationship with the employer
However, the Supreme Court determined that there is no single definition or rule to determine who is an employee under the FLSA.
Is there a family business exception to the FLSA?
Fortunately, family businesses have a little bit of leeway under the FLSA. As long as your company’s only employees are people related to the owner, the FLSA does not consider it an enterprise. As a result, your family business does not have to compensate its workers with overtime pay, equal pay for equal work or most child labor laws.
These are just a few of the inquiries we hear every day. To learn more and get detailed information, get in touch with an employment lawyer who can help you.
How common are employee disabilities?
Disabilities among employees are more common than often perceived. In the United States alone, at least 61 million individuals live with a disability. That’s one in four adults in this country.
As a result, employers should understand disability laws and accommodation requirements. Other forms of disabilities are invisible, like autoimmune disorders, mental illness or learning difficulties.
How do employers determine what accommodations are required under disability laws?
Employers must engage in an interactive, good-faith process with employees who disclose disabilities. This can help determine reasonable accommodations per the Americans with Disabilities Act (ADA) and state laws like the Pennsylvania Human Relations Act (PHRA).
The process involves open communication between the employer and the employee to identify the specific limitations of the disability. It allows the employer to explore potential accommodations, enabling the employee to perform essential job functions.
Additionally, employers should consider the guidance provided by disability laws and relevant regulations in making accommodation decisions.
What is an undue hardship for the employer when a disability accommodation is requested?
An undue hardship is a significant difficulty or expense incurred by the employer in providing a specific accommodation. Determining if an accommodation poses an undue hardship involves a case-by-case analysis considering factors such as:
- The nature and cost of the accommodation
- The financial resources and size of the employer
- The overall impact on business operations
Employers must document their assessment of undue hardship. This process demonstrates compliance with disability laws while ensuring fair treatment of employees with disabilities.
However, what constitutes undue hardship depends on the circumstances of each case. So, what one employer may consider an undue hardship, another employer may not view it as such. As a result, employers must strive to interactively engage with their employees to discuss potential accommodations and their potential impact on the employer’s operations.
Representative Industries
- Manufacturing
- Construction
- Transportation
- Hospitality
- Professional services
- Nursing homes
- Staffing companies
- Professional Employer Organizations (PEOs)
- Food & Beverage
- Franchise
- Municipal government
Schedule A Call
Our litigation defense lawyers are prepared to protect your business’s interests in employment disputes. To schedule a consultation, please call us at 412-315-7195 or complete our contact form. Our attorneys advise and represent clients nationwide.
Meet The Team
— Kenneth J. Hardin
— Kara Lattanzio
— Susan Loughran
— Sara Ann Green