How to Conduct an Employment Law How to Conduct an Employment Law Audit Audit Raymond L. Hogge, Jr. Hogge Law 500 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
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How to Conduct an Employment Law Audit Raymond L. Hogge, Jr. Hogge Law 500 E. Plume Street, Suite 800 Norfolk, Virginia 23510 (757) 961-5400 A law firm.
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How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
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
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
IMPORTANT NOTICE:This presentation is intended to be used
solely 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
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Benefits of An Employment Law Audit
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Benefits of An Employment Law Audit Minimize the risk of employment-related lawsuits
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Benefits of An Employment Law Audit Reduce employment-related costs (recruiting,
Arbitration agreement signed by all employees before beginning work?
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Applicable Laws
Fair Labor Standards Act
Portal to Portal Act
Equal Pay Act
Federal statutes applying to federal contractors and recipients of federal funds (e.g., Davis-Bacon Act)
Virginia Payment of Wage Law
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Regulations govern:
Minimum Wage
Overtime Pay
Child Labor
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Assess whether hours worked are calculated correctly.
Calculated on workweek basis
De minimus (20 minute) breaks = working time
Training time
Travel time
Other specific situations
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Assess whether leave practices violate FLSA
"Comp time"
Available to public employers
Not available to private employers
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Assess whether employees are correctly classified as FLSA-exempt
Executive; administrative; professional; others
Must meet specific requirements under Department of Labor regulations
New "Fair Pay" regulations recently adopted
Job duties, not job description, controls
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Assess whether employer practices threaten FLSA-exempt status of employees
Deductions for hours off
Pay docking
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Fair Labor Standards Act
Assess whether required time and attendance records are being maintained
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Wage and Hour Practices Virginia Payment of Wage Law
Frequency of wage payment
Deductions from wage payments
Must be voluntarily authorized in writing
Interpretations by Virginia Department of Labor and Industry
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices Identify relevant laws
Virginia Workers' Compensation Act
Title VII (including Pregnancy Discrimination Act) and Virginia Human Rights Act.
Americans with Disabilities Act and Virginians with Disabilities Act
Family and Medical Leave Act
Industry requirements
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices Identify other considerations
Contracts
Collective bargaining agreements
Workplace safety
Recruiting
Retention
Productivity
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices Assess leave alternatives
Vacation
Sick leave
FMLA leave
Disability leave
Paid Time Off
Work Comp leave
Military (USERRA) leave
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices Assess practices for granting leave mandated by
statute
Pregnancy Discrimination Act (Title VII)
Americans with Disabilities Act
Family and Medical Leave
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Leave Practices Assess leave documentation
Leave requests
Should specify type of leave requested
Medical certifications
Use standard form
Notification of leave rights and obligations
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Safety and Health Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Safety and Health Practices Workplace compliant with all OSHA standards?
Fall protection standard
Confined space standard
Bloodborne pathogens standard
Other standards
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Safety and Health Practices Safety policies adopted?
Adequately communicated to employees?
Explained in employee handbook or safety manual?
Employees receive regular training?
Safety policies enforced by supervisors?
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Safety and Health Practices Workplace violence policies adopted?
Explained in employee handbook?
Supervisors understand how to respond to threats of workplace violence?
Employees understand how to respond to threats of workplace violence?
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices Employer's First Report of Injury or Accident
consistently and timely filed with Virginia Workers' Compensation Commission?
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices Panel of 3 physicians consistently provided to
injured employee?
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices Assess process for returning injured employee to
work
Should be returned to work as soon as possible
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices Compensability of injury sufficiently assessed?
Was there an "accident?"
Did it "arise out of" employment?"
Remember - Virginia is an "actual risk" state, not a "positional risk" state
Did it arise "in the course of" employment?
Did it result from employee "misconduct?"
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Workers' Compensation Practices Assess coordination with Americans with
Disabilities Act and Family and Medical Leave Act
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices Assess "interactive process" to determine ADA
"reasonable accommodation"
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices Assess process for determining "undue hardship"
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices Assess process for determining "direct threat"
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices Assess process for obtaining medical
certifications
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Disability Accommodation Practices Assess coordination with FMLA and workers'
compensation
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Other Important Employment Practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Other Important Employment Practices Assess electronic data communications practices
Computers
E-mail
Internet
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Other Important Employment Practices Assess workplace security practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
Audit Other Important Employment Practices Assess protection of confidential information and
trade secrets
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
The final step in the employment law audit Written Employment Law Audit Report, including
factual findings and recommendations for changes in employment policies and practices, is prepared and submitted to management
Management carefully considers the findings and recommendations in the Employment Law Audit Report, and implements appropriate changes, if any, to employer policies and practices
How to Conduct an Employment Law How to Conduct an Employment Law AuditAudit
Raymond L. Hogge, Jr.
For assistance in conducting your employment law audit, contact attorney
Raymond L. Hogge, Jr. at (757) 961-5400
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