Senior Counsel, US Employment

Smith+Nephew•Fort Worth, TX

About The Position

Life Unlimited. At Smith+Nephew we design and manufacture technology that takes the limits off living. The Senior Counsel, US Employment will provide proactive, practical, clear and timely day-to-day advice to the HR team and internal business partners across all business units on a wide variety of US employment issues, including but not limited to: wage and hour; classification; leaves of absence and accommodations; drug testing and background screenings; discrimination, harassment and retaliation; investigations; performance management; discipline; termination; employee health and safety; employee benefits, and other labor and employment related matters, policies, and procedures. What will you be doing? Advise on issues associated with mixed 1099/W2 work force, including drafting/reviewing of 1099/contingent worker contracts, providing guidance to various stakeholders, including business units and HR, and developing processes to ensure compliance. Review and advise on non-compete and other restrictive covenant related issues. Proactively monitor legislative and regulatory developments and emerging trends affecting employment obligations. Assist in developing, reviewing, drafting and/or amending company policies and handbooks to ensure compliance with federal, state, and local employment laws as needed. Assist in developing, preparing, and providing training to HR and internal business partners regarding employment law compliance, best practices and key topics/trends. Draft and negotiate employment-related documents and templates including employment contracts, restrictive covenants and separation agreements. Lead/support internal investigations related to employment and human resources issues. Provide support relating to employment related disputes/litigation and represent the company in employment matters filed with state and federal agencies. Prepare and review company responses to charges and complaints of discrimination and other litigation documents. Oversee and manage outside counsel for employment matters and ensure cost-effective and efficient representation. Partner with other internal stakeholders to identify opportunities for business improvements and support or lead strategic initiatives to execute improvements. Support on global M&A due diligence and integration activities relating to employment as required. Such other projects as may be delegated by AGC Litigation, Investigations and Employment or Group General Counsel from time to time. What will you need to be successful?

Requirements

Juris Doctorate from accredited law school preferred
Active license to practice law as a member in good standing in at least one US state.
6+ years of experience in a dedicated employment law practice, either with a law firm and/or in-house legal department.
Strong working knowledge of federal and state employment laws, including but not limited to Title VII, FMLA, FLSA, OSHA, ADA, ERISA, and other relevant statutes; experience with labor, workers’ compensation, and/or immigration laws would be beneficial.
Ability to provide employment advice relating to a mixed employee/contractor workforce.
Self-directed and able to work autonomously with minimal supervision
Ability to make frequent independent judgments to drive solutions of complex problems
Practical mindset with ability to balance legal risk with business impact
A keen interest in and ability to understand the business (including products, operations, claims management processes), its strategies, its people and its organisational structures
Strong time management and prioritisation skills, effectively managing competing priorities, coupled with an ability to manage both internal and external stakeholders at all levels of the organisation
Strong interpersonal skills, a collaborative style, and experience successfully working across departmental lines and with colleagues of varying levels of seniority to implement new policies, procedures and programs
Strong legal analysis, reasoning, and writing skills, including the ability to quickly integrate and synthesize facts and law to make legally sound decisions in compressed timeframes
Ability to think strategically and evaluate potential risks to the company, including economic, legal, and reputational
Good IT and data analytics skills required for the effective analysis of data relating to role.

Nice To Haves

Recent experience advising healthcare/pharma/medical devices strongly preferred.
experience with labor, workers’ compensation, and/or immigration laws would be beneficial.

Responsibilities

Advise on issues associated with mixed 1099/W2 work force, including drafting/reviewing of 1099/contingent worker contracts, providing guidance to various stakeholders, including business units and HR, and developing processes to ensure compliance.
Review and advise on non-compete and other restrictive covenant related issues.
Proactively monitor legislative and regulatory developments and emerging trends affecting employment obligations.
Assist in developing, reviewing, drafting and/or amending company policies and handbooks to ensure compliance with federal, state, and local employment laws as needed.
Assist in developing, preparing, and providing training to HR and internal business partners regarding employment law compliance, best practices and key topics/trends.
Draft and negotiate employment-related documents and templates including employment contracts, restrictive covenants and separation agreements.
Lead/support internal investigations related to employment and human resources issues.
Provide support relating to employment related disputes/litigation and represent the company in employment matters filed with state and federal agencies.
Prepare and review company responses to charges and complaints of discrimination and other litigation documents.
Oversee and manage outside counsel for employment matters and ensure cost-effective and efficient representation.
Partner with other internal stakeholders to identify opportunities for business improvements and support or lead strategic initiatives to execute improvements.
Support on global M&A due diligence and integration activities relating to employment as required.
Such other projects as may be delegated by AGC Litigation, Investigations and Employment or Group General Counsel from time to time.