Employment Law

KSB Law focuses on bias prevention and remediation through trainings, policies, climate assessments, investigations, equal pay audits, and counseling. At KSB Law, we help organizations foster safe, bias-free, respectful, and culturally competent environments, and build diverse and inclusive cultures where equality, mindfulness, and well-being are prioritized.

KSB Law serves organizations in the private and public sectors. The Firm offers services in this area to law firms, academic institutions, schools, non-profit organizations, and private and public companies, as well as to local, county, and state governmental entities and agencies.

Organizations today are faced with frequently changing and increasingly complex laws, rules, and regulations. Compliance is key for employers to minimize the risk of liability and provide safe and productive workplaces where employees can thrive and maximize their contributions. To remain proactive, it is essential to be prepared with strategies and tools to confront various workplace issues.

Developing, implementing, and communicating effective policies and required postings and notices is critical for organizations to be compliant. Comprehensive training is necessary to ensure that employees at all levels know what is expected of them and how to comply with the law. Investigations, audits, and climate assessments can further help employers remediate conduct, assess risk, and minimize potential liability.

KSB Law attorneys are well-versed in employment laws and apply years of counseling, negotiation, investigation, alternative dispute resolution, and litigation experience to benefit our clients. The Firm’s attorneys have experience with employment litigation in state and federal courts and before state and federal administrative agencies, such as the New Jersey Division on Civil Rights (NJ DCR), the Equal Employment Opportunity Commission (EEOC), and the New Jersey Department of Labor (NJ DOL).


CRITICAL COMPLIANCE TOOLS

TRAINING & COACHING

KSB Law has developed innovative and interactive Training Programs and conducts coaching and workshops for businesses and organizations of all types and sizes in the private and public sectors. At KSB Law, our Training is customizable based on your organization’s needs. It can take place in groups or in one-on-one sessions; in person or virtually; as a stand-alone training session or as multi-part training sessions.

INVESTIGATIONS

Workplace investigations are often prompted by employee and non-employee complaints. Complaints can involve employees, board members, independent contractors, vendors, customers/patients, financial supporters, and others. Many complaints trigger protections under a myriad of employment laws. Investigations help manage and resolve complaints about or from employees and are often legally required or recommended to minimize an employer’s legal risk. At KSB Law, our investigative techniques involve gathering facts, analyzing relevant data, evaluating credibility, and rendering sound, reasoned findings of fact. Using our skills as neutrals, we provide a thorough assessment of the relevant information so that the decision-makers can make appropriate and informed decisions.

CLIMATE ASSESSMENTS

KSB Law assists organizations in taking proactive measures, such as conducting Culture & Workplace Climate Assessments. Culture & Workplace Climate Assessments can be very valuable tools to help companies identify, address, and alleviate tinderboxes before they fully enflame the company culture. A harmonious working environment benefits both the employer and the employees through higher productivity and employee satisfaction and loyalty. These Assessments involve ascertaining culture/climate perceptions and summarizing the organization’s strengths and weaknesses. These Assessments can be helpful tools to draw out issues that may not be on the organization’s radar but are in need of action by way of training, investigation, or other remedial measures.

DIVERISTY, EQUITY & INCLUSION

KSB Law provides Consulting and Training support in the critical area of Diversity, Equity, & Inclusion (DEI) in the private and public sectors. Diverse, equitable, and inclusive workplaces contribute to the success of organizations. The following are some key areas in which the Firm can provide support to organizations: Audits; Culture & Workplace Climate Assessments; DEI Initiatives; and DEI Training.

EQUAL PAY AUDITS

KSB Law manages and conducts Equal Pay Act (EPA) Audits in all industries. Many EPA Audits include complex issues such as law Firm compensation, civil service classifications, and union/collective bargaining status. EPA Audits are important self-evaluation tools for employers to identify and remediate compensation disparities and to modify existing policies and practices that result in pay disparities. The Audits give employers the opportunity to correct and resolve existing issues before lawsuits are filed. They can help limit potential exposure and damages and ensure pay equity among employees.


NOTICE & PREVENTION IS KEY

EMPLOYER AUDITS, ADVICE & COUNSELING

KSB Law assists organizations in handling the various challenges and workplace concerns they face today. Whether it be daily advice regarding recruiting and hiring processes, wage and hour issues, performance management, leaves and accommodations, or harassment and discrimination issues, or your organization needs guidance on preventing and managing workplace conflicts or assessing litigation risks, KSB Law can serve as a trusted advisor and work to keep your organization in line and operating smoothly. In addition to Equal Pay Audits, the Firm assists with Wage and Hour, Overtime, Independent Contractor Audits, Employment Law Compliance Audits, and Department of Labor Audits.

POLICIES, PROCEDURES & HANDBOOKS

KSB Law can play a key role in helping employers develop, implement, and enforce workplace policies and procedures as well as employee handbooks. Having well-established policies and procedures as well as effective and compliant handbooks can be a useful tool to address workplace issues before they arise and to minimize the risk of workplace conflicts and liability. Further, KSB Law can help organizations review and update their current employee handbooks to ensure that they comply with the rapidly evolving federal, state, and local employment laws.

POSTINGS & DOCUMENT RETENTION

KSB Law can provide assistance to employers in keeping up with rapidly changing poster requirements on the federal, state, and local levels so the organizations remain compliant. KSB Law can also advise organizations on how to properly retain documents and make sure that they are properly saved, stored, and safeguarded in accordance with legal requirements.


COMPLIANCE AREAS

COMPLIANCE AREAS FOR AUDITS, TRAINING, ADVICE & POLICIES

KSB offers Training and HR compliance support regarding a wide array of issues and areas, including: recruiting, interviewing, hiring; applications and background checks; salary inquiry bans; equal pay compliance; cannabis (marijuana); drug use and testing; reasonable accommodations medical exams, tests, inquiries (including COVID-19, disabilities, religious, and service or assistance animals); medical, family, and sick leaves; harassment/discrimination complaints; retaliation/whistleblower concerns; diversity, equity, and inclusion; unconscious/implicit bias; safety, health, and worker injuries; overtime, misclassification; reorganizations, layoffs, and terminations; social media and off duty conduct; privacy concerns; NLRB protections; job descriptions; performance evaluations; discipline, demotions, promotions; compensation, raises, and bonuses.

EFFECTIVE PERFORMANCE MANAGEMENT & COMMUNICATION AREAS

KSB Law also offers Training that focuses on providing managers with strategies and tools to avoid pitfalls in performance management and discipline that could lead to claims of discrimination or retaliation, including: conducting bias-free performance evaluations; providing warnings and disciplinary action; proper documentation practices; performance improvement plans; coaching and counseling employees; providing constructive feedback; effective/productive communication; avoiding bias in employment documentation and evaluations; handling difficult situation and tough conversations; effective conflict resolution and working collaboratively; management styles and model leadership behaviors.

APPRECIATING GENERATIONAL DIFFERENCES AT WORK

This Training educates on tackling age-based assumptions and stereotyping and the importance of valuing the contributions and lessons that each generation provides. It stresses varying communication styles and behaviors for different generations and the importance of assembling age diverse teams who can learn from each other. This Training also encourages mentoring relationships and open communication with a shared goal of appreciating differences among the generations.

Find out more about Training Programs.