Contact a labor and employment attorney before making high-risk employment decisions, not after a claim is filed. Terminations, reductions in force, disciplinary actions, wage and hour policy changes, and responses to internal complaints all carry legal exposure that is easier to manage before action is taken than after. Employers who engage counsel proactively consistently face fewer claims and resolve disputes at lower cost. Kelley Kronenberg’s labor and employment attorneys for employers advise at every stage, from policy development through active litigation.

Employment at will means both the employer and employee may end the employment relationship at any time for any lawful reason. However, numerous federal and state statutes limit this right by prohibiting terminations based on protected characteristics, whistleblower activity, or other legally protected conduct. Every termination carries some degree of legal risk, and that risk varies significantly based on the circumstances. Employers facing a high-risk termination decision should consult labor and employment attorneys for employers before taking action.

Misclassifying an employee as an independent contractor exposes an employer to liability under federal and state law, including back taxes, unpaid benefits, workers’ compensation obligations, and civil penalties. The legal standard for classification varies by jurisdiction and by the law being applied, which means a worker classified correctly under one framework may be misclassified under another. Employers who rely on independent contractors should have their classification practices reviewed before a government audit or employee claim forces the issue.

A DOL wage and hour investigation can be triggered by an employee complaint, a referral from another agency, or a random audit targeting specific industries. Common triggers include misclassified employees, inconsistent overtime practices, off-the-clock work, and improper deductions from exempt employee salaries. Employers in industries with high concentrations of hourly or tipped workers face elevated audit risk. Our labor and employment attorneys for employers can conduct proactive audits to identify and correct exposure before a government investigation forces the issue.

Wage and hour claims are among the most common and costly employment matters employers face. Defenses typically include demonstrating proper exemption classification, accurate timekeeping practices, and good-faith reliance on legal advice or Department of Labor guidance. Employers with documented, consistently applied pay practices are significantly better positioned to defend these claims. Employers without current pay practice audits should consult labor and employment attorneys for employers before a claim is filed.

Take the claim seriously, document everything, and contact labor and employment counsel before responding or taking any action involving the complaining employee. Employers are legally required to investigate workplace complaints promptly and impartially. Missteps in the early stages of an internal investigation, including retaliation, inadequate documentation, or procedurally flawed findings, can significantly increase legal exposure even when the underlying claim lacks merit. Kelley Kronenberg represents employers in discrimination and harassment matters from initial complaint through litigation.

Workplace retaliation occurs when an employer takes an adverse action against an employee for engaging in legally protected activity, such as filing a discrimination complaint, reporting a safety violation, requesting a leave of absence, or participating in a government investigation. Retaliation claims are among the most frequently filed employment charges and can arise even when the underlying complaint lacks merit. Kelley Kronenberg defends employers against retaliation claims and advises on the personnel decisions that most commonly trigger them.

Kelley Kronenberg’s labor and employment attorneys for employers represent public and private sector clients in employment litigation, wage and hour defense, discrimination and harassment claims, regulatory compliance, and workplace training across all industries nationwide. The firm advises employers on day-to-day employment decisions, defends against agency investigations and litigation, and provides proactive counsel designed to reduce legal exposure before claims arise. Employers facing an active matter or looking to strengthen their employment practices can contact Kelley Kronenberg to discuss their situation.