Employment Law and Employee Benefits

Gallagher, Callahan & Gartrell assists employers of all sizes in developing strategies for limiting workplace liability. We stress a risk management approach to avoid work-related disputes and preempt litigation and grievances, which are costly to defend and consume valuable time and resources. We work closely with employers during all phases of the employer/employee relationship — recruitment through termination — to develop practical employment policies and procedures that comply with the law and minimize the risk of employment disputes.

We also advise our clients with the understanding that human capital is the key to success in the information economy. Our employee benefits practice combines the expertise of our employment law professionals with the firm’s taxation attorneys. We can help design employee benefits packages that attract and retain a talented workforce.

We serve the business/employer market, with clients ranging from insurance companies and banks to small businesses. The firm has many years of experience in employment law and employee benefits — not only counseling, but defending in employment litigation. We use a multidisciplinary approach and have gained insight from representation of employees, both of which bring added value and a unique ability to advise our clients.

Employer Counseling

We work with our clients to implement procedures, policies and agreements that limit workplace liability. Our services include:

• Draft and revise/update employee handbook/policies
• Advise on employee discipline and termination, including liability analysis for wrongful discharge claims
• Conduct investigations on complaints of sexual harassment and other alleged employment discrimination
• Advise on compliance with Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), Worker’s Compensation and their intersection
• Draft and review employment contracts
• Draft and review non-compete, proprietary information, and non-solicitation agreements
• Advise on workplace violence safety and OSHA compliance
• Analyze employment status of independent contractors
• Train and advise on liability associated with technology in the workplace
• Advise on compliance with wage and hour regulations, including the Fair Labor Standards Act (FLSA)
• Advise on compliance with military leave (USERRA)
• Advise on immigration matters

Training and Development

We provide on-site management and supervisory training and seminars on a broad range of topics including:

• Sexual harassment
• Risk management
• Workplace violence
• Performance appraisals
• Conflict management
• Corrective action/termination
• Legal updates/compliance
• Safety
• Effective communication
• Privacy
• Litigation holds
• Anti-discrimination: gender, physical or mental disability, sexual orientation, creed, color, marital status, familial status, age, religion and national origin

Employee Compensation and Benefits

We serve regional, national and international employers with planning, selecting, drafting and regulatory compliance in the following areas:

• Severance packages
• Stock options
• Compensation packages, including executive, officer, and director compensation and surveys
• Exempt/Non-Exempt classifications
• Fair Labor Standards Act compliance (FLSA)
• Employment contracts
• Commission agreements
• ERISA compliance
• Pension/retirement and profit sharing plans
• Cafeteria plans
• Medical and Dental insurance
• COBRA compliance
• HIPAA compliance
• Disability insurance
• Life insurance
• Long term care
• Managing employee benefits issues in mergers and acquisitions
• IRAs
• Healthcare plans

Employment Litigation

On the counseling side, we offer timely responses to requests for advice on compliance with employment laws and on risk associated with employment decisions.

On the litigation side, we offer a litigation plan to suit each case that is framed by a team-work approach requiring input and ongoing discussion with our clients.

Legislative and Industry Involvement

Through the firm’s Government Relations and Lobbying practice, members of our Employment and Benefits practice have an opportunity to participate in the design of legislation affecting employment laws.

The Employment Law and Employee Benefits professionals are active participants in the:

• Human Resources, Health Care and Workforce Development Committee of the New Hampshire Business & Industry Association (BIA)
• Society for Human Resource Management (SHRM)
• USLAW Network.