Conn Kavanaugh Rosenthal Peisch & Ford, LLP
Navigating Complex Employment Laws

Best practices in employment law can change overnight with the passage of new legislation or an important ruling. Three partners at the Boston-based law firm of Conn Kavanaugh Rosenthal Peisch & Ford, LLP discuss how specialized employment attorneys help steer employers out of harm’s way. They also talk about how being a nimble mid-sized firm with a full array of practice areas helps them become integral trusted advisors for their business clients.

“Companies of all sizes benefit from having a designated employment attorney – ideally one who understands their culture and their business,” says partner Michael J. Rossi. “Many of our clients are small to mid-size businesses that may not have a designated human resources manager. Or, if they do, that person is dealing with a lot of the operational pieces of HR such as onboarding, benefits, payroll and hiring. They may not have the time, the training, or the bandwidth to deal with some of the broader issues that we can help with, like risk assessment, managing leave, and terminating employees.”

“Our medium size is a plus” adds partner Thomas J. Gallitano. “The larger law firms have to focus on large employers because only multi-billion-dollar organizations can afford their hourly rates. One of the things that distinguishes us is that we can work with employers of every size, from startups to Fortune 50 companies.”

Current HR Challenges

Among the challenges facing HR professionals today, leave management can be problematic, especially considering Massachusetts’ embrace of the Paid Family and Medical Leave (PFML) program. Although the legislation has been in effect for over two years, its implementation is not always clear. This is an area where Conn Kavanaugh’s attorneys have provided essential guidance.

Another complex area is performance management and its intersection with leave and disability issues. Says partner Kathleen R. O’Toole, “Sensitive issues related to mental health or addiction can be complicated for managers and HR professionals to work through with an employee, especially when overlaid with performance issues. Sometimes an employer acts without fully understanding the law and the risks, makes a misstep, and then calls us to help them resolve it. When employers call us before they take action, they often save a lot of time and money.”

Partner Thomas J. Gallitano adds “Employers frequently turn to us for guidance on documenting performance issues and devising strategies for improvement. This process isn’t just about addressing problems—it’s about preventing them and creating a harmonious working environment.”

As the economic pendulum swings, employers must think about furloughs, layoffs, and the volatility caused by larger issues like the pandemic. “Over the last few years, we did a lot of counseling around furloughing and layoffs,” says Rossi. “We helped employers ensure business continuity during these uncertain times by creating survival strategies such as strategic downsizing, risk mitigation, and adjustment of employee compensation.”

A Full-Service Law Firm

O’Toole notes that Conn Kavanaugh’s employment team handles litigation matters as well as counseling and compliance work. “We have partners here who have been prosecutors and do criminal defense work, partners who handle business litigation and construction cases, and we have a corporate department. We are a full-service law firm. So, if an issue comes up from an employment client that triggers a need for involvement from a different practice group, we can help. For example, white collar crime issues have come up before in the context of employment work, as well as general business matters and contract issues. We have the experience here to handle a client’s needs from A to Z.”