For Employers

Many employers are fearful of discrimination claims in the workplace. While this is a very legitimate fear, many seem to forget, or fail to realize, the greater dangers in the noncompliance of payment to employees under the Fair Labor Standards Act (FLSA). Countless companies break this law every day without any awareness of doing so. In the past several years, wage and hour lawsuits filed in state and federal courts have increased more so than discrimination claims. And unlike discrimination claims, there are no limitations on the damages available under the FLSA.

In 2011, the Department of Labor – Wage and Hour Division collaborated with the Internal Revenue Service and launched the “Misclassification Initiative” whereby the two agencies now work together to ensure that employees are not misclassified as independent contractors. When an employer intentionally or unintentionally classifies one of their workers as an independent contractor therefore denying them of employee rights, they are subjecting themselves to enormous liability.

Bottom line, it is not discrimination claims that are bankrupting companies; it’s the very complicated intricate laws like the FLSA that are creating the costly problems. At the Law Offices of John G. Reckenbeil, we are willing and capable to assist your company through the treacherous legal landscape of an employment relationship. We provide quick responses to your questions and are ready to vigorously defend lawsuits or matters on a moment’s notice.

Below is a list of several laws that may impact your company:

• Title VII of the Civil Rights Act
• Age Discrimination in Employment Act (ADEA)
• Fair Labor Standards Act (FLSA)
• South Carolina Wage Payment Act
• South Carolina Whistleblower Act
• The Equal Pay Act
• ADA Amendments Act of 2008 (ADAA)
• Family Medical Leave Act (FMLA)
• The Fair Credit and Reporting Act (FCRA) – Background checks
• United Services Employment and Reemployment Rights Act (USERRA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)

As you will see, there are many intricate laws that require expert legal advice in order to implement and perform employment operations properly on a daily basis. We can assist with any questions or legal matters concerning the above listed laws as well as perform the following services:

• Ensure compliance with state and federal laws
• Review hiring and firing practices
• Termination issues
• Employment Contracts
• Severance packages
• Non-compete agreements and trade secrets
• Avoiding discrimination charges
• Litigation prevention
• Equal Employment Opportunity Commission/S.C. Human Affairs Commission