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How to Conduct an Employment Law Audit

How to Conduct an Employment Law Audit

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How to Conduct an Employment Law Audit

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  1. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Hogge Law500 E. Plume Street, Suite 800 Norfolk, Virginia 23510(757) 961-5400 A law firm specializing in serving the needs of Virginia public and private employers

  2. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. IMPORTANT NOTICE:This presentation is intended to be usedsolely for informational purposes, and is not offered as legal advice. For assistance in conducting an employment law audit, contact attorney Raymond L. Hogge, Jr. at (757) 961-5400

  3. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Benefits of An Employment Law Audit

  4. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Benefits of An Employment Law Audit • Minimize the risk of employment-related lawsuits

  5. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Benefits of An Employment Law Audit • Reduce employment-related costs (recruiting, training, unemployment comp, workers' comp, legal expenses)

  6. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Benefits of An Employment Law Audit • Improve productivity, efficiency, morale, and retention

  7. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Benefits of An Employment Law Audit • Management can sleep at night

  8. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit

  9. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws

  10. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Title VII of Civil Rights Act of 1964 • 15 employee minimum • Race, color, sex (including pregnancy), religion, national origin

  11. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Americans with Disabilities Act • 15 employee minimum • Pre-hire; conditional offer of employment; post-hire • Critical concepts: Disability, reasonable accommodation; undue hardship

  12. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Rehabilitation Act • Applies to certain employers with government contracts or grants • Similar to ADA

  13. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Age Discrimination in Employment Act • 20 employee minimum • Age 40 or older

  14. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Family and Medical Leave Act • 50 employee minimum • Covered employers, eligible employees; qualifying reasons for leave • Notification requirements • Certification requirements

  15. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Fair Labor Standards Act • Minimum wage • Overtime compensation • Child labor • Recent changes to exemption rules for minimum wage and overtime compensation

  16. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Davis-Bacon Act (certain government contractors) • Prevailing wage rate

  17. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Government Service Contract Act (certain government contractors) • Prevailing wage rate

  18. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Employee Retirement Income Security Act (ERISA) • Employee benefit plans

  19. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Consolidated Omnibus Budget Reconciliation Act (COBRA) • 20 employee minimum • Health care continuation coverage

  20. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Internal Revenue Code • Payroll taxes • Employee benefit plans

  21. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Immigration and Naturalization Act • Form I-9

  22. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Constitutions(public employers) • Due Process • Equal Protection • Free Speech • Religious Freedom

  23. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Virginia Workers' Compensation Act • Reporting injuries and accidents • Physician panel • Handling claims; assessing defenses • Actual Risk; not positional risk • Return to work strategies

  24. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Virginia Unemployment Compensation Act • Resignation • Termination • Misconduct

  25. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Virginia Payment of Wage Law

  26. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Virginia Human Rights Act

  27. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practices comply with applicable federal, state, and local laws • Local Ordinances

  28. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies and practice meet requirements of contracts or grants • Prevailing wage rates • Affirmative action

  29. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies meet the needs of the organization

  30. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether practices match policies

  31. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Goals of An Employment Law Audit • Determine whether policies are adequately communicated to employees

  32. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Framework for the Audit

  33. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Framework for the Audit • The Employee Handbook

  34. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Framework for the Audit • The Employee Handbook • The Employee Handbook should define the employment policies

  35. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Framework for the Audit • The Employee Handbook • The Employee Handbook should define the employment policies • The employment policies should define the employment practices

  36. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Framework for the Audit • The Employee Handbook • The Employee Handbook should define the employment policies • The employment policies should define the employment practices • The employment practices should • Comply with applicable law • Promote the interests of the employer

  37. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook

  38. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. AuditEmployee Handbook • Should reflect all policies and practices of the employer • Hiring and promotion • Performance and evaluation • Discipline and discharge • Dispute Resolution • Wages and benefits • Safety and health • Other

  39. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. AuditEmployee Handbook • Should contain contract disclaimer

  40. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Should contain reservation of employer right to modify policies

  41. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. AuditEmployee Handbook • Should contain statement that employee benefits are governed by applicable master plan documents and insurance policies

  42. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Should contain employment-at-will policy

  43. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Should contain acknowledgment form to be signed by employee • Acknowledge receipt • Read before beginning work • Contract disclaimer; employer right to revise • At-will • Violation of policies results in discipline or discharge • If questions, will ask

  44. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Should be distributed to each employee before he or she begins work

  45. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Publication method • Print • Easy to track changes • More expensive than online • Online • Tracking changes requires diligence • Less expensive than print

  46. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit Employee Handbook • Should give the best possible impression of the employer • By example, shows employees the level of quality the employer expects • Should be suitable for use as recruiting tool

  47. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit EEO Policies and Practices

  48. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit EEO Policies and Practices • General EEO policy and practices • Title VII • Age Discrimination in Employment Act • Equal Pay Act • State statutes • Local ordinances • Contractual requirements

  49. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit EEO Policies and Practices • Sexual (and other) harassment policy and practices • Reporting system • Investigation procedures • Temporary measures • Confidentiality • Rights of accused v accuser • Use of dispute resolution procedures

  50. How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Audit EEO Policies and Practices • Affirmative action policy and practices • If and only if applicable