Common matters such as annual handbook reviews, termination and discipline consultations, OSHA compliance, and general employment law compliance are covered. Services are delivered by one of two top tier Labor & Employment law firms, as selected by the participating client.
Once a firm is selected, the Litigation Prevention Plan allows ERC member companies to choose from a flat fee package, or a discounted hourly rate agreement. Flat fees are charged annually, and are based on the level of service needed and size of the organization, as measured by number of employees. Member organizations choose the service package that matches their need.
Service Level 1: Labor & Employment Matters
- Employee discipline and discharge decisions
- Sexual and other discriminatory harassment complaints
- Compliance with employment discrimination laws (race, sex, age, disability [ADA], etc.)
- FMLA compliance
- Wage and hour compliance
- OSHA compliance
- Union organizing (up to the filing of a petition)
- Union grievance proceedings (up to a request for arbitration)
- Managing workplace violence issues
- COBRA and other benefit issues (excluding drafting of plans and amendments to plans)
- Garnishments, payroll deduction issues, Fair Credit Reporting Act, and Immigration issues
- Annual legal review of employee handbook (excluding re-drafting handbook or drafting new employee handbook.)
- Collective bargaining agreements (excluding drafting contract provisions or contract negotiations.)
- Establishing an alternative dispute resolution plan (excluding actual implementation of such a plan or representation at arbitration hearings.)
Service Level 2: Labor and Employment Matters and Administrative Proceedings
- Includes all the services in Level 1, plus:
- Preparing up to two (2) position statements per year responsive to EEOC and/or OCRC charges (does not include representation in settlement negotiations or after a complaint is filed).
- Preparation of a position statement in response to one (1) NLRB unfair labor practice proceeding per year (does not include representation in settlement negotiations or after a complaint is filed).
- Representation in up to two (2) unemployment compensation hearings per year.
- Representation in one (1) OSHA investigation per year (does not include proceedings before the Review Commission).
Service Level 3: Workers' Compensation Services
- Representation at up to five (5) hearings per year before the Industrial Commission of Ohio or the Ohio Bureau of Workers' Compensation.
- Negotiation of settlements in up to five (5) claims per year.
- Representation with respect to any premium disputes with the Ohio Bureau of Workers' Compensation.
- Investigation and representation in hearings for up to two (2) VSSRs per year before the Industrial Commission of Ohio.
- Consultation regarding any claims in which premiums or costs may be recovered through subrogation (does not include actual subrogation).