With Spring now upon us, now is a good time to review various employment policies and practices to make sure they are current with new legal developments and recent enforcement trends. For instance:
- Are your FMLA policies up to date with the latest changes providing leaves for families of those serving in the military?
- Are your hiring protocols, including application forms, consistent with the government’s heightened scrutiny of hiring practices and use of background checks?
- Are policies in place to assure that employees properly record all time worked and avoid claims for “off-the-clock” claims for overtime pay?
- Are employees properly classified as exempt vs. non-exempt from overtime pay under both federal and applicable state laws?
- Is overtime pay properly calculated considering all forms of compensation provided, including bonuses and commissions?
- Are there any employees misclassified as contractors instead of employees?
- Are social media and email policies consistent with the expansive rulings of the National Labor Relations Board?
- Are handbooks up to date and conform to the laws of all states where employees are based?
- Are records being properly maintained?
- Are required postings in their proper places?
- Are you up to speed with respect to the new I-9s?
- Are policies and practices consistent with the laws of every state where employees are located?
These are often nuanced issues, and how they are best addressed may depend on the federal judicial circuit or state involved. Dykema’s labor and employment law attorneys are available to help employers ask these critically important questions and develop a comprehensive audit of current employment practices. These audits are often critical in helping employers avoid—or significantly reduce—exposure to liability down-the-road.