Kathy Noecker advises employers on the complex and sensitive workplace laws affecting businesses. She develops practical business solutions and focuses on identifying long-term strategies and best practices to reduce business and legal risks.
Kathy represents public companies, privately held companies, emerging businesses and nonprofits, taking into account the many legal, employee relations, public relations and other practical issues companies encounter in managing employment matters. She has advised on employment issues involving foreign operations in Canada, Latin America, Europe and Asia.
Employee Relations Counseling & Compliance
Kathy develops policies and practices to reduce employment-related risks and maintain the flexibility needed to respond to changing business environments. Her work includes:
Advising on hiring processes and practices, including non-discrimination, non-competition and trade secret issues, as well as background check requirements under the Fair Credit Reporting Act
Preparing non-competition and confidentiality agreements
Preparing and revising employee handbooks or other personnel policies, including anti-discrimination policies, anti-harassment policies and codes of conduct
Advising on wage and hour issues under the Fair Labor Standards Act and state laws, including employee classification
Auditing employment practices and procedures
Advising on immediate employment issues, such as discipline and discharge decisions, employee rights under the Family and Medical Leave Act, obligations to provide reasonable accommodations to disabled persons and investigation of employee complaints of sexual harassment, including corrective actions
Reductions in Force; Plant Closings
In addition to plant closings, Kathy advises on developing and implementing plans for workforce reductions of all sizes—voluntary and involuntary programs, as well as union and non-union employees.
She develops severance policies and plans, severance and release agreements, disclosures under the Older Worker Benefits Protection Act, and employee communications—minimizing exposure to claims from affected employees.
Kathy represents employers, boards of directors and compensation committees on compensation and negotiation of employment and separation arrangements for senior executives. She works closely with corporate, securities, tax and employee benefits lawyers to develop a comprehensive approach to senior executive arrangements.
Litigation & Mediation
With successful experience mediating and litigating employment issues, Kathy explains how employment decisions will be presented and defended if challenged by employees. Kathy has defended employers against claims of discrimination based on race, sex (including sexual harassment), age, disability, marital status, sexual orientation and other protected characteristics. She has also defended against contract claims and defamation, negligence and similar employment claims. In addition, Kathy has handled litigation involving the enforcement of non-competition agreements.
Articles in the National Law Review database by Kathlyn E. Noecker