Businesses and organizations across a wide range of industries and all employers, both large and small, face a myriad of complex, rapidly growing and burdensome government regulations as well as increasingly aggressive enforcement with high-level penalties. Our firm understands the complexity of federal, state and local laws and regulations, and works closely and proactively with clients to identify and mitigate the risks of non-compliance and potential enforcement actions.

 

“Whistleblower” incentives, combined with expanding efforts by the government to audit, investigate and prosecute employers have resulted in an increasing number of businesses and executives finding themselves the targets of adverse governmental actions.  These governmental inquiries and actions, even when resolved, can result in costly financial penalties and have serious and long-lasting effects on an organization and its reputation, and on the lives and careers of individuals within the organization. Additionally, certain infractions may cause government contractors or vendors to be barred from doing business with the government or serving as a sub-contractor to other government contractors.

This high-risk environment requires that even the most diligent organizations now find it necessary to continually re-evaluate and update their business practices, including but not limited to governance, wage and hour issues, ethics, labor and employment policies, forms and other documents, workforce development strategies, immigration and work authorization (I-9) processes and paperwork, procurement policies and procedures, contractor vetting and relationships, risk management systems, and internal investigations. We work proactively with businesses and their executives to conduct internal audits and help them respond quickly and appropriately to correct oversights or infractions—before the government comes knocking. We also provide entertaining and interactive training sessions tailored to address the legal issues identified, to ensure future compliance.

Our attorneys who deal with government regulation and compliance matters are experienced in working proactively with management and in-house counsel to assess regulatory risk, pre-emptively identify where corrective actions are required, and guide clients through compliance efforts. Our regulatory and compliance experience and services include and are not limited to:

  • Ensuring that management has a complete and accurate understanding of the laws and regulations applicable to its organization;
  • Evaluating internal policies and auditing processes, procedures, and documentation;
  • Developing and implementing new or improved preventive programs and procedures to reduce the risk of violations;
  • Providing training of executives, managers, and other employees;
  • Providing board and executive-level consulting related to regulatory and compliance issues;
  • Assisting with due-diligence related to mergers and acquisitions;
  • Conducting internal investigations;
  • Interacting with federal, state, and local governmental entities and regulatory bodies during audits to ensure that our clients’ interests are protected;
  • Challenging adverse actions and findings of government agencies through administrative processes and the court system, where necessary; and
  • Working with enforcement officials to craft successful resolutions to controversies.

As one of the leading full-service commercial law firms in the Southwest, our regulatory and compliance capabilities encompass areas such as labor and employment law and tax law, which affect all businesses; as well as industry-specific capabilities and expertise in highly regulated sectors such as healthcare, education, aerospace, construction, government contracting, and transportation.

Labor & Employment: An Area of Regulation Affecting All Organizations

Because all businesses and organizations, including non-profit and local government entities such as educational and other public and private institutions, are affected by the escalating number of statutes and regulations governing the employment relationship, we have built a leading labor and employment practice group that understands the dynamics of the Borderplex region. Our employment attorneys advise employers on compliance issues under various state and federal labor and employment laws and help clients to conform their workplace practices and procedures to current law.

Representing management, our attorneys handle employment litigation and regulatory issues including but not limited to: Title VII Anti-Discrimination Laws, Fair Labor Standards Act (FLSA) / Wage and Hour, I-9 Identity and Employment Authorization, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), Occupational Safety and Health Administration (OSHA) laws and regulations, federal contractor requirements, organized labor matters (NLRB, NLRA) in unionized and non-unionized workplaces, and discrimination and retaliation laws. We also have extensive experience in matters arising in administrative proceedings before various  government agencies, such as the Department of Labor, Department of Homeland Security, Occupational Safety and Health Administration, National Labor Relations Board, the Equal Employment Opportunity Commission, and state human rights agencies.

International and Cross-Border Compliance Capabilities

In today’s global market and especially in our U.S./Mexico Borderplex region, a multijurisdictional approach to compliance is essential. Our International Trade & Cross-Border Business group has experience in navigating the complexities of doing business in Mexico and other global markets. Additionally, our Mexico Law practice group, which offers licensed representation in Mexico, enables us to assist clients with regulatory and compliance matters in both the U.S. and Mexico, including matters related to the recent deregulation of the Mexico energy industry, easing the challenges of conducting cross-border business.

Compliance Experience in Diverse Industries and Specialized Areas

For more detailed information regarding our Government Regulation & Compliance experience in various highly regulated industries and other specialized areas, visit the following practice pages:


Employment Law Presentations

2015, March 4. Taking a Live Ball Down the Court: Update on the Affordable Care Act. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2014, April 4. The Affordable Care Act vs. The Big Bang Theory: It’s Not Astrophysics (because that would be easier to understand). Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2014, April 4. Avoiding The Blacklist: Preparing for Government Audits Before Hiring. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2014, April 4. Family Feud: FMLA, Pregnancy, and Disability! Interactive presentation at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2013, April 2. Providing & Surviving Government Audits. Lecture presented at ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2013, April 2. Jeopardy! Untangling Complex Leave Issues. Lecture presented at ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2011. Surviving Governmental Audits: A Changing Landscape. Lecture presented at ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

Shooting Straight from the HIPAA: A Detailed Look at an Employer’s Obligations Under the Health Insurance Portability and Accountability Act. El Paso Society for Human Resources Management.

Reconnecting America’s Workforce: Untangling the Web of Workers’ Compensation, FMLA and ADA Compliance. El Paso Society For Human Resource Management.

Conducting Thorough and Effective Investigations. El Paso Society for Human Resource Management.

A Little Touch Goes a Long Way: Recent Expansion of Sexual Harassment. El Paso Society of Human Resource Management Exchange Newsletter.

A Gentler, Kinder OSHA. El Paso Society of Human Resource Management Exchange Newsletter.

Overview of State and Federal Wage & Hour Laws. National Business Institute Seminar: Wage and Hour Laws in Texas.

A Brief Look at HIPAA and SARBANES-OXLEY. El Paso Society for Human Resources Management: Health and Benefits Seminar.

Reconnecting America’s Workforce: Untangling the Web of Workers’ Compensation, FMLA and ADA Compliance. El Paso Society for Human Resources Management: Health and Safety Seminar.

How Is Your Bladder? Addressing Serious Health Conditions under the FMLA, ADA, TWCC and Other Laws. El Paso Society for Human Resources Management Exchange Newsletter.

The DOL Giveth With One Hand and Taketh With The Other. El Paso Society of Human Resources Management Exchange Newsletter.

BURLINGTON REVISITED: Employers Beware: The U.S. Supreme Court Broadens the Scope of Liability for Retaliation Claims under Title VII (co-author). Houston HR Legislative Action Committee Newsletter.

Untangling the Web of Employee Leave Laws. El Paso Claims Association.