Employment law is constantly changing. These changes can result from many sources including the legislature, various regulatory agencies and court cases. Accordingly, employers must keep up with these changes. This is especially important in Massachusetts in light of the implementation of certain provisions of the new health care law.
To avoid litigation, a comprehensive employee manual is a great way to start. But it’s only effective, however, if it is regularly updated to reflect the current laws and standards. A company audit is a great way to ensure that you are in full compliance.
Following are some steps in conducting a company audit:
- Put together an audit team including either in-house or outside counsel, a member of the Human Resource team and a fair representation of your company’s mangers and employees.
- Any member of the audit team should be informed about the handling of confidential information.
- Start with your employee manual and carefully review it to make sure that it accurately reflects not only the current state of the law, but also the actual policies and practices occurring within your company.
- Inspect employee bulletin boards to assure that proper disclosure notices are posted.
- Determine if your company’s policies are implemented consistently. If not, make a plan to do so.
- Remember that many lawsuits against employers can be traced to four distinct areas: hiring, employee evaluation, employee discipline or termination and post-employment. A careful review of how your company conducts itself in regard to these areas can help keep everyone on the same page.
The most important areas to target in this auditing session are:
- Occupational Safety and Health Act
- COBRA
- Employee Retirement Income Security Act
- Title VII of the 1964 Civil Rights Act
- Family and Medical Leave Act
- Americans with Disabilities Act
- The new Massachusetts Health Insurance Law
For more information or ideas on conducting an employment law audit, contact an employment law professional.
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