Practice Areas

Advice and Counseling on Personnel Matters
Helm Silverman assists clients in handling personnel and employment issues, including performance management and discipline, termination counseling, wage payment, timekeeping, requests for disability accommodations, leave of absence requests, and conflicts between co-workers or between supervisors and their supervisees.

Personnel Policies and Practices
We work with clients to develop personnel policies and practices that are suitable to the size and the culture of their organizations. This work includes employee handbooks, initial hire paperwork, performance management documentation, performance reviews, leave of absence policies, wage and payroll compliance reviews, and employment audits.

Payroll, Wage/Hour, and Statutory Compliance

The employment relationship is regulated by the federal government and all 50 state governments. Helm Silverman conducts self-audits with clients to maximize compliance and minimize exposure in a government audit or private litigation. This includes a full review of wage payment practices, employee classifications (exempt, non-exempt or independent contractor), leave of absence policies, background check practices, and hiring procedures.

Disability, Reasonable Accommodation, Undue Hardship, and Interactive Process
Employees with a disability or medical condition have a right to a reasonable accommodation or adjustment of working conditions so they can perform the essential functions of their jobs. Employers, however, need not provide an accommodation that causes them undue hardship. We can provide guidance on how to respond to requests for accommodation in a manner that minimizes impact on your business while fulfilling your obligation to the employee.

Leaves of Absence
One of the most common issues employers struggle to manage is employee leaves of absence, including extended leaves, rolling leaves, and sporadic attendance. In California, there are numerous federal, state, and municipal laws that govern leaves of absence. Helm Silverman assists clients in navigating this complex landscape so they can comply with applicable laws while also taking account of their vital business needs.

Collective Bargaining and Union-Management Relations
We advise employers on labor union matters, including collective bargaining negotiations, union organizing campaigns, and representation before the National Labor Relations Board. We also guide employers through union grievances and the labor arbitrations to which they sometimes lead.

Unfair Competition and Trade Secret Protection
Helm Silverman assists clients in protecting their proprietary information by drafting and implementing confidentiality and non-disclosure agreements and implementing best practices to minimize risk of disclosures. We also work with departing executives to help ensure that they comply with their legal obligations to their former employers and still aid their new employers to the full extent allowed.

Administrative Claims and Threats of Litigation

Many employment claims are presented via filings with state or federal agencies such as the federal Equal Employment Opportunity Commission or its California counterpart, the California Civil Rights Department (formerly the Department of Fair Employment and Housing). Other such claims begin with demand letters from plaintiff’s counsel before any case is filed. We respond to pre-litigation claims on behalf of our clients and assist them in settling those that they determine should be resolved without litigation. This type of work frequently requires complex interactions with our clients’ insurers.

Government Investigations and Audits
Helm Silverman represents clients who are responding to complaints and audits initiated by the state and federal agencies that enforce laws governing the employment relationship. These matters include audits and investigations by the United States Department of Labor or the California Division of Labor Standards Enforcement on wage/hour issues, and audits by the Employment Development Department concerning independent contractor vs. employee status.

Employee Complaints and Internal Investigations
In the event that an employee complains of harassment, discrimination, or retaliation, the employer has a legal obligation to conduct a prompt and thorough investigation. Helm Silverman guides clients in complying with this obligation and in taking appropriate corrective action, if necessary. A prompt and thorough investigation is essential to managing litigation risk and future liability.

Needs of Non-Profit Organizations and Religious Organizations

We also work with non-profit and religious organization boards (including those of synagogues, churches, and religious schools) on high-level matters that typically involve a CEO or executive director or, in the case of religious entities, clergy. This work includes negotiating exits, managing board communication and decision-making processes, and helping with internal and external communications strategies. Often these are sensitive matters in which the prospect of negative publicity and of conflict within the board serve as existential threats and give rise to a need for crisis counseling.

Independent School Law

We have extensive experience representing independent schools, including serving as trustees. We advise school clients on all areas of independent school law (such as enrollment and teacher contracts, board relations, student discipline, and interactions with school families) and provide legal advice to school boards on bylaws, best practices, trustee training, and related topics.

Family Office and Household Employee Claims

We work with families and with high net worth individuals to manage their personal household and family office staff, including drafting letter agreements and employment policies and resolving claims by former nannies, housekeepers, personal assistants, and elder care attendants for wages and for alleged tort and statutory damages. We also assist in setting up proper payroll procedures and controls going forward, to prevent future claims. We handle all of these matters with special attention to confidentiality.

Executive Contracts and “Work Outs”
Helm Silverman reviews or drafts executive employment agreements for clients. Alternatively, the firm can assist clients in negotiating their way out of executive contracts as needed before a term expires. We also perform such work on the side of high-level executives who are entering or leaving a work relationship.

Independent Investigations, Training, and Mediation

Helm Silverman also does employment-law related “neutral work” when a client needs specialized services from an independent third-party with whom they have no prior business relationship. This includes workplace investigations (discrimination, harassment, retaliation, and misconduct); state-mandated manager training on prevention of harassment and discrimination; and mediation of employer/employee disputes.