Member Savings

ERC Litigation Prevention Plan (LPP) can be accessed at three (3) different levels:

Level 1 - Labor and Employment Matters

  • Employee discipline and discharge decisions.
  • Sexual and other discriminatory harassment complaints.
  • Compliance with employment discrimination laws (race, sex, age, disability [ADA], etc.).
  • FMLA compliance.
  • Wage and hour compliance.
  • OSHA compliance.
  • Union organizing (up to the filing of a petition).
  • Union grievance proceedings (up to a request for arbitration).
  • Managing workplace violence issues.
  • COBRA and other benefit issues (excluding drafting of plans and amendments to plans).
  • Garnishments, payroll deduction issues, Fair Credit Reporting Act, and Immigration issues.
  • Annual legal review of employee handbook (excluding re-drafting handbook or drafting new employee handbook).
  • Collective bargaining agreements (excluding drafting contract provisions or contract negotiations).
  • Establishing an alternative dispute resolution plan (excluding actual implementation of such a plan or representation at arbitration hearings).
ERC Litigation Prevention Plan
Level 2 - Labor and Employment Matters and Administrative Proceedings
  • Includes all the services set forth in Level 1.
  • Preparing up to two (2) position statements per year responsive to EEOC and/or OCRC charges (does not include representation in settlement negotiations or after a complaint is filed).
  • Preparation of a position statement in response to one (1) NLRB unfair labor practice proceeding per year (does not include representation in settlement negotiations or after a complaint is filed).
  • Representation in up to two (2) unemployment compensation hearings per year.
  • Representation in one (1) OSHA investigation per year (does not include proceedings before the Review Commission).

Level 3 - Workers' Compensation Services

  • Representation at up to five (5) hearings per year before the Industrial Commission of Ohio or the Ohio Bureau of Workers' Compensation.
  • Negotiation of settlements in up to five (5) claims per year.
  • Representation with respect to any premium disputes with the Ohio Bureau of Workers' Compensation.
  • Investigation and representation in hearings for up to two (2) VSSRs per year before the Industrial Commission of Ohio.
  • Consultation regarding any claims in which premiums or costs may be recovered through subrogation (does not include actual subrogation).