It is no secret that, even for experienced HR professionals, managing leave-related compliance programs presents a significant challenge, especially for multi-state employers. Each new "leave case" seems to raise thorny questions about not only well-known laws such as the FMLA and ADA, but how these familiar laws "fit together" with related laws, such as ERISA, COBRA, the FLSA and state workers' compensation statutes.
Jury verdicts in FMLA and ADA cases underscore the cost of serious compliance failures, even good faith mistakes. Some laws call for so-called "strict liability," which means an aggrieved worker may be able to sue for, and recover, hundreds and thousands of dollars, even when the employer was trying to do everything right but may not have complied with every nuance of the laws. Adding insult to injury, a lawyer is entitled to collect attorney's fees from the employer if the lawyer wins the case. These bills for attorney's fees are routinely in the low to mid six-figures.
Solid HR policies and procedures are the foundation for any leave of absence compliance program. Also imperative are informed, forward-thinking HR professionals with access to critical legal resources. Knowing "the basics" just isn't enough anymore. Not by a long shot. Subject matter experts are necessary, even indispensable.
For this reason, ADP has formed a dynamic alliance relationship with the attorneys at Littler Mendelson, the nation's largest employment law firm. Founded in 1942, Littler Mendelson offers unparalleled depth and expertise in all leave of absence and related compliance areas, including the FMLA and ADA. With more than 700 attorneys strategically located in 45 offices, and a counseling and litigation-defense practice that extends into every area and sub-area of workplace law, Littler Mendelson's task force can help ADP clients successfully implement and manage compliance programs. For example, Littler Mendelson attorneys can do the following:
- work with HR professionals and in-house attorneys to draft solid, forward-thinking leave of absence policies;
- work with HR professionals and in-house attorneys to standardize systems and "templates" to minimize compliance burdens and the risks associated with ad hoc or inconsistent decisionmaking;
- work with HR professionals and in-house attorneys to develop and structure leave of absence related programs;
- work with HR professionals and in-house attorneys to meaningfully educate managers and supervisors on compliance issues;
- partner with HR professionals and in-house attorneys on specific leave cases to "flag" potential issues and devise effective and strategic solutions; and
- partner with HR professionals and in-house attorneys to defend and defeat administrative and civil claims and grievances.
Introductory Littler Mendelson Rate:
Littler Mendelson is pleased to have the opportunity to work with ADP and ADP's clients. To "kick off" its new alliance relationship with ADP and ADP's clients, Littler Mendelson is for the balance of the year 2008 offering a 25 percent discount on the local hourly rate of the contact attorney for the first two hours of advice and counsel work. (Standard rates will apply after two hours.) For further information, call or email the Chair of Littler Mendelson's Leave of Absence Compliance Task Force, Rod M. Fliegel, Esq.
Littler Mendelson, P.C.
650 California Street, 20th Floor
San Francisco, California 94108-2693
Telephone: (415) 439-6253 (direct line)
Fax: (415) 743-6557 (direct fax)
Email: rfliegel@littler.com
Resources:
The National Employer® provides human resources professionals, corporate counsel and other in-house attorneys a practical guide to federal and state employment and labor laws
The National Employer (pdf)
The California Employer (pdf)
ASAPs
From reports on recent law and regulation to coverage of the latest employment law trends, Littler's ASAPs keep you up-to-date and informed on the legal issues that impact your workplace.
