Employment Policy and Document Assessment

Clark Hill attorneys have developed a detailed methodology to help understand the current level of your company’s compliance across all areas of employment, employee benefits, and immigration. 

  • Clark Hill Capability and Experience
  • Delivered compliance employment reviews for multiple clients with multiple sites
  • Proven templates, methodologies, and processes with a comprehensive scope
  • Commitment to know your business and policies in order to proactively address potential concerns

We help companies identify gaps and areas of improvement of their current policies, procedures, documents and HR business processes and can recommend practical solutions.  We have proven templates, methodologies, and processes with a comprehensive scope.

Potential Scope of Compliance Review

Clark Hill will evaluate the applicable laws and regulations to ensure the company’s HR department maintains a comprehensive compliance program.  Areas of scope of the assessment can include:

  • The Fair Labor Standards Act (FLSA)
  • The Family and Medical Leave Act (FMLA)
  • Employment Retirement Income Security Act (ERISA)
  • The Occupational Safety and Health Act (OSHA).
  • 1964 Civil Rights Act (Title VII) and the Civil Rights Act of 1991 (CRA)
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act 1967 (ADEA)
  • Older Worker’s Benefits Protection Act (OWBPA)
  • The Americans with Disabilities Act of 1990, Titles I And (ADA)
  • Pregnancy Discrimination Act (PDA)
  • Fair Credit Reporting Act (FCRA)
  • Federal Insurance Contributions Act (FICA)
  • Federal Unemployment Tax Act (FUTA)
  • Worker Adjustment and Retraining Notification Act (WARN)
  • Immigration Reform and Control Act (IRCA)
  • Uniform Services Employment and Reemployment Rights Act (USERRA)
  • Genetic Information Nondiscrimination Act (GINA)
  • National Labor Relations Act (NLRA)
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • Employee Polygraph Protection Act (EPPA)
  • Fair and Accurate Credit Transactions Act (FACTA)
  • Consumer Credit Protection Act (CCPA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Patient Protection and Affordable Care Act (PPACA)
  • Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
  • Executive Order 11246
  • Non-construction Contractors Affirmative Action Program
  • Rehabilitation Act of 1973
  • Contractor Work Hours and Safety Standards Act (CWHSSA)
  • Walsh Healey Public Contracts Act (PCA)

 

The methodology supporting this process includes the following areas:

  • Written Procedures / Agreements
    • Application
    • Background Check Forms
    • Employee Manuals / Handbooks
    • Employment Agreements
    • Termination
    • Leave forms
    • Reports
    • Safety
    • Job Descriptions
  • Recent employment claims
  • Hiring / Onboarding
    • Recruiting and Interviewing Practices
    • Employment Postings
    • Reference Checking
    • Screening / Interviewing
    • Testing / Other Pre-conditions
    • Hiring and Orientation
  • Job Performance Management
    • Employee Retention
    • Employee Feedback
    • Discipline and Termination
    • Reference Request Response
  • Workplace
    • Drug-Free Status
    • Workplace Violence
    • Anti-Discrimination
    • Union status
  • Wages and Benefits
    • Compensation
    • Stock Purchase Plans
    • Executive Nonqualified Deferred Compensation Plans
    • 401k Plan
    • Health and Welfare Plans
      • Plan Documents
      • Summary Plan Descriptions
      • Form 5500’s
      • Subsidiaries
    • Section 125 / Cafeteria Plan
    • COBRA Administration
    • Health Care Reform – Employer Mandate
    • Benefits Documentation & Notice Requirements

 

Clark Hill attorneys will provide an onsite, team approach with your company's HR team to review documentation and existing programs using the following process:

  • Review sampling of personnel files
  • Comprehensive review of policies and procedures
  • Document findings and identify gaps with best practices
  • Provide actionable steps to mitigate deficiencies

 

Following the assessment, Clark Hill can provide ongoing support of your company’s compliance program.

  • Coaching and counseling for HR professionals and managers
  • Hotline for ad hoc questions or concerns
  • Extensive program management expertise for remediation activities
  • Ongoing training and education to ensure future compliance and awareness of changes in the law