On September 10, 2015, the United States
Department of Labor Office of Federal Contract Compliance Programs (OFCCP)
issued a supplemental poster to be used by government contractors and
subcontractors. The OFCCP is working
with the EEOC to update the existing poster and advises that the prior poster
should be used along with the supplemental poster until further notice. A copy
of the supplemental poster can be found here.
A true Halloween scare for any
HR department involves the kinds of missteps that result in government audits
or legal action against the employer. Although employees are a company's most
valuable resource, failure to manage the employment relationship properly can
result in frightening consequences. By conducting a regular HR audit, employers
can eliminate common problems, protect valuable assets and improve employee
morale. Some of the common problems an HR audit can resolve include:
- Poor
communication with employees. Creating, circulating and updating employee
handbooks can improve employee communication. Quality handbooks also
encourage legal compliance and answer employee questions.
- Gaps
in protections for trade secrets and confidential information. Shoring up
policies and practices designed to protect confidential or trade secret
information makes it harder for employees to misuse or steal it.
- Failure
to adhere to wage and hour laws. Ensuring proper classification of exempt
employees and independent contractors reduces the risk of government
audits and lawsuits.
- Inappropriate
I-9 practices and procedures. Promoting I-9 compliance helps employers avoid
hefty fines and penalties.
- Flawed
hiring practices. Keeping
hiring practices free of practices that could be construed as
discriminatory reduces the risk of lawsuits, for example asking about
protected class status.
- Inattention
to discrimination, harassment and retaliation. Sound training,
policies and investigations helps eliminate these significant risks.
- Poorly
administered discipline and investigations. Avoiding errors in
this area helps strengthen a legal defense if the issue results in
litigation.
- Inappropriate
handling of accommodation requests. Good use of the interactive process yields
happier employees and fewer legal risks.
- Social
media gaffes. Providing
structure and guidance for social media practices keeps employers from
facing embarrassing public problems.
- Health
and safety shortcomings. Keeping employees safe is key to any company's success.
- Unlawful
leave policies and practices. Complying with leave law keeps a significant area
of legal exposure from becoming a costly lawsuit.
