Employment laws at the federal, state and local levels regulate almost every aspect of employment relationships, from hiring, to scheduling and time off from work, to discipline and termination. These laws are constantly changing and the penalties for noncompliance can cripple a business. Proactive employers, however, can reduce the risk of lawsuits and government audits and investigations by investing in employment law compliance.
Kristine offers the following employment law compliance solutions:
Recruiting and New Hire Practices and Documentation
- Ensure job applications, interview questions, interview procedures, background checks and other pre-employment screening tools, offer letters and new hire paperwork are legally compliant
- Prepare job descriptions to effectively manage employee performance, facilitate reasonable accommodations, and support overtime pay exemptions
- Draft employment agreements
- Draft commission sales contracts
- Draft non-compete and non-solicitation agreements
- Draft confidentiality and non-disclosure agreements
- Draft proprietary rights agreements
- Draft arbitration agreements
Policy and Practice Development and Implementation – Kristine drafts stand-alone policies, practices and procedures as well as full employee handbooks and manuals on issues such as: discrimination and harassment; disability and pregnancy accommodations; drug and alcohol use in the workplace; violence in the workplace; nepotism and fraternization; pay practices; family, sick and safe leave; vacation; parental leave; and lactation breaks.
Workplace Training and Executive Coaching – Workplace compliance training has the power to protect employers and establish legal defenses that written policies and practices alone do not otherwise offer. To this end, Kristine regularly trains managerial and rank-and-file employees on: harassment, discrimination and retaliation prevention, and wage-and-hour compliance. In addition, Kristine provides human resources/managerial workshops geared toward the successful implementation of an employer’s new policies, practices, and procedures, as well as one-on-one executive coaching to increase the effectiveness of an executive’s leadership.
Audits – Kristine structures and conducts preventative self-audits for employers looking to achieve compliance and minimize possible penalties before actually being noticed for inspection by the government. Her areas of focus include:
- Wage and hour practices – Audit practices and procedures to ensure that employees are paid properly and for all hours of work, appropriate deductions and wage credits are taken, timekeeping records, pay stubs and wage notices comply with legal requirements, and employees are properly categorized as exempt or non-exempt from the overtime wage requirements.
- Independent contractors, freelancers and loan out classification – Assess working relationships to ensure that workers are properly classified as independent contractors (1099s) or employees (W-2s) and reclassify as needed.
- I-9 and employment eligibility – Audit I-9 and supporting employment eligibility documentation to make certain that all workers are authorized to work in the U.S.
Discipline and Termination
- Develop and advise on employee discipline and termination procedures to reduce litigation risk of disciplining or terminating a problematic employee.
- Prepare “Performance Improvement Plans” (PIPs) and “Last Chance Agreements” for employees with poor performance or disciplinary histories.
- Counsel and support clients through mass layoffs and reductions-in-force, including preparation of federal- and/or state-mandated WARN Act notices and messaging to affected employees.
- Draft termination letters.
- Draft severance agreements.