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EMPLOYMENT LAW UPDATE

Non-compete agreements and deceiving your employer

By Lynne Curry   Question: I was so stoked when the premier firm in my area of professional services hired me that I did something I’ve wanted to do for a long time. I told my former manager what I thought of her. She ordered me to leave her company immediately. No problem, I had a new job to go to. I also had my entire future mapped out. I’d work for my new employer for a year, learn everything I could, and then start my business. I told all my friends my new job was the ideal stepping stone. On my first day when I went through orientation, my new manager handed me an employment agreement that included a noncompete agreement. It was a complete shock. I’d never seen… . . . read more

Where do I go from here? Advancement opportunities for law office managers

As a dedicated law office manager, you play a crucial role in ensuring the smooth operation of your firm. From overseeing administrative tasks to managing personnel and finances, your skills and expertise are invaluable. However, have you ever wondered what lies beyond your current position? Here’s a look at career opportunities available for law office managers, highlighting potential paths for professional growth and development. Legal operations manager: As a law office manager, you already possess a deep understanding of the legal industry’s inner workings. Transitioning to a legal operations manager role allows you to broaden your horizons while leveraging your existing knowledge and skills. In this capacity, you would focus on optimizing the efficiency and effectiveness of legal processes, streamlining workflows, and implementing innovative solutions. This position often involves strategic… . . . read more

EMPLOYEE BENEFITS

The nomadic remote employee: Employee dream, employer nightmare

By Lynne Curry Question: Several of our employees regularly travel out of state. Before the pandemic, they took vacations for several days or weeks. They and we understood they were on vacation. The situation was clear cut. Our current team includes three employees who want to travel and stay for weeks or even months, in places like Hawaii and Thailand or with relatives. While they insist they can work and should receive full paychecks, this doesn’t seem fair to the rest of us who remain onsite and have to pick up the pieces when our “travelers” can’t be easily reached. We agree they can get some work done, but have no way of knowing if they’re putting in 40 hours a week. We tried to explain how messy this felt… . . . read more

Learn to recognize and avoid burnout

Law office management can be a stressful occupation as it involves financial and compliance responsibilities and balancing the needs of partners, associates, staff and clients in a fast-paced environment. Here are some tips for law office administrators on why they might suffer burnout, how to recognize it, and what they can do to prevent and deal with it. Understand the causes of burnout: Burnout is a form of chronic stress that results from prolonged exposure to job demands that exceed a person’s resources. For law office administrators, burnout can stem from factors such as heavy workloads, long hours, inadequate staffing, high levels of responsibility, and dealing with emotionally charged cases. Recognize the signs of burnout: Some common signs of burnout include chronic fatigue, irritability, cynicism, feelings of disengagement or detachment… . . . read more

SUCCESSION PLANNING

Compliance and conduct rules for selling a law practice

By Brenda A. Barnes Selling the practice is one  of the possible routes to law firm succession. For a law office administrator helping create a succession plan, here are some things to consider: According to ABA Rule 1.17 Sale of Law Practice, “A lawyer or a law firm may sell or purchase a law practice or an area of law practice, including goodwill, if the following conditions are satisfied: The seller ceases to engage in the private practice of law or in the area of practice that has been sold and in which the practice has been conducted; The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms; The seller gives written notice to each of the seller’s clients; The fees charged… . . . read more

COMPLIANCE

Model Policy: Employee resignation

Why you need this model policy:

Establishing a formal policy for employee resignation will help ensure that staff transitions go smoothly; the firm treats employees fairly and consistently; and legal requirements are followed.

. . . download here

MANAGING STAFF

Model Policy: Nondiscrimination and Anti-Harassment Policy and Complaint Procedure

Why you need this model policy:

Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment.

. . . download here

COMPLIANCE

What does FMLA require of a law office employer?

One of the employment laws that affect how you manage your staff is the The Family and Medical Leave Act (FMLA). This is a federal law that requires certain employers to provide their employees with up to 12 weeks of unpaid, job-protected leave per year for certain qualifying reasons. These reasons include the birth or adoption of a child, the care of a family member with a serious health condition, and the employee’s own serious health condition. In terms of what this means for a law office employer, you are required to provide eligible employees with up to 12 weeks of unpaid leave per year for the reasons outlined above, without fear of retaliation or job loss. The employer would also be required to maintain the employee’s health benefits during… . . . read more

COMPLIANCE

What does the Americans with Disabilities Act require of your office?

The Americans with Disabilities Act (ADA) requires law offices to make reasonable modifications to their policies, practices, and procedures to accommodate the needs of individuals with disabilities, unless doing so would create an undue burden or fundamentally alter the nature of the services provided. This includes ensuring that the facility is physically accessible to individuals with disabilities, as well as providing appropriate communication accommodations and assistive technology. Specifically, law offices must take the following steps to comply with the ADA: Physical accessibility: Law offices must ensure that their facilities are physically accessible to individuals with disabilities. This includes installing ramps or chair lifts for individuals who use wheelchairs or mobility devices, providing designated parking spaces for individuals with disabilities, and ensuring that doorways and hallways are wide enough for individuals… . . . read more

HIRING

4 tips for safely searching social media when hiring

It is generally acceptable for employers to search social media as part of the hiring process, provided that they do so in a fair and nondiscriminatory manner. However, there are some considerations to keep in mind when using social media in the hiring process: Relevant information only: It is important to only consider information that is relevant to the job in question. For example, if a candidate has posted inappropriate or offensive content on social media, this may be relevant to the employer if the job involves interacting with the public or representing the company in a professional manner. However, personal beliefs or opinions that are not directly related to the job may not be relevant. Privacy concerns: Employers should be aware of the privacy rights of candidates and should… . . . read more


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