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).

• 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).