Employment Practices Program
“Employee relations” is not a nebulous concept but an area in your business that we can help you measure, analyze, improve, and control through an employment practices program.
Click here to learn about our success helping local business, Triangle Green Cleaning, establish strong employment best practices.
We start that process by measuring your current employee relations then we analyze the risk of the company’s potential liability with respect to its current practices. The “measure” or audit will determine whether your policies are compliant, whether they are being applied consistently and whether they are being regularly communicated to your staff and management. The paragraphs below give a small example of areas that our employment practices audit will address.
Employee and Contractor Classification
Our employment practices program will help uncover issues around your classification procedures. For example, some employers wrongly believe that an employee hired on a “probationary” basis can be classified as an independent contractor until the company is ready to make the individual a “permanent” employee. Additionally, many companies struggle with classifications around “exempt” or “non-exempt” employees for purposes of determining overtime. For example, an employer may wrongly believe that it can “average” the time in 2 forty hour work weeks for purposes of determining overtime. Mistakes in this area, particularly those involving a large group of employees, may require an employer to pay thousands even hundreds of thousands of dollars in back overtime wages, attorneys’ fees, interest and fines.
Employee Recruiting, Interviewing and Hiring Process
We will examine your recruiting and hiring process to ensure that you are in compliance with the law including recent changes regarding background checks and criminal record checking. Additionally, we will ensure that your application forms, interview questions and reference checking systems are compliant with the law.
Anti-Discrimination and Anti-Harassment Policy
Having a written policy against discrimination and harassment is essential for all businesses. However, having one that no one reads or understands is little better than not having one at all. We will examine your current practices around the effectiveness of your anti-harassment and anti-discrimination policy and advise you on best practices to improve your company’s understand of how this policy should work.
Social Media and Privacy Policies
There are three areas in which it is important for employers to maintain updated, consistently applied and enforced social media policies — i) use of social media by your employees inside the workplace, ii) permitted use of social media outside of the workplace when it could impact your business, and iii) employer’s use of social media to screen applicants or monitor current employees. Our firm will review your existing social media and privacy policies to ensure that your company is not violating recent laws and regulations in the rapidly changing area of social media and social mobile technology. For privacy issues, companies need to explain employees’ limited expectation of privacy inside the workplace as well as the company’s commitment to honoring employee’s right to privacy outside of the workplace when the conduct does not impact the business or its reputation. For example, companies should have policies that clearly and unambiguously explain that an employee’s use of its networks, systems, and hardware.
RELATED BLOG POSTS:
NC Lawyers Weekly March 15, 2018 In the article, “Under scrutiny: Arbitration clauses at the office,” NC Lawyers Weekly’s David Donovan discusses mandatory arbitration of sexual harassment claims with The Noble Law Firm founder and employment attorney Laura Noble. “There was a widespread recognition that we need to do more to ensure that sexual harassment is rooted out in the […]
Why Systematic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace (Part 4 of 4)
PART 4: TAKING ACTION AND MAKING CHANGE By: Nick Sanservino, Jr. and Laura Noble, The Noble Law Firm WHAT CAN BE DONE TO LEVEL THE PLAYING FIELD FOR WORKPLACE HARASSMENT VICTIMS Federal Courts Need To Properly And Consistently Apply Title VII Standards The United States Congress can amend Title VII to more clearly articulate modern-day standards for workplace harassment. However, […]
Why Systematic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace (Part 3 of 4)
PART 3: GRASPING ADDITIONAL SETBACKS FACED BY WORKPLACE HARASSMENT VICTIMS AND HOW EMPLOYERS UNFAIRLY BENEFIT By: Nick Sanservino, Jr. & Laura Noble, The Noble Law Firm OTHER PROBLEMS CONFRONTING WORKPLACE HARASSMENT VICTIMS 1. Confidentiality & Non-Disparagement Agreements Employers certainly want to avoid paying substantial damages for sexual harassment. However, an employer’s business can be damaged even more significantly by adverse publicity resulting from workplace […]