You Have To Stay Compliant With Laws

Posted May 26, 2017 by Mary McGinley

Today, more than ever, HR professionals must not only make decisions to get the right result for the organizations they work for, but they must also be able to have defensible outcomes that also mitigate risk.

In a recent article that appeared at that means in any decisions made regarding people management, HR professionals have to be constantly on their guard to ensure that their organizations don’t end up being caught up in a public relations nightmare that could cost dearly.  In today’s social media savvy world where an unpopular decision can go viral in a matter of minutes, being able to articulate accurately why a decision was made and the process in which they arrived at it is important.  

According to Lori Brown, an attorney who has spent much time in litigation of employment law, being able to articulate what processes were used when an HR department made its decision is important, especially if a matter goes to court. The law is clear that such decisions must be made in a “legitimate non-discriminatory reason.”

The Fair Labor Standards Act (FLSA)  allows the awarding of double damages if it can be shown that there was any type of discrimination or if a company has not demonstrated ample good faith in following US employment statutes.  Further, if an audit is performed by the Department of Labor in either verbal or written form, the employer must produce all information that was used before coming to a decision for review by the federal agency. It must be shown that the employer did not violate the FSLA especially in matters of salary, wages and compensation.

Some HR departments are using technology as a part of internal decision making processes as a way to answer questions and make assessments while providing documentation.  This kind of documentation can arm companies and HR departments with the very things that are needed in cases where being able to demonstrate having acted in “good faith” is essential.

Because issues of wage and workplace disparity continue to make the news and be discussed in all forms of social media, it’s more important than ever to have clear processes in place.  At EinsteinHR we know how employer statutory compliance is.  We understand the law and can help you to meet and document all process with regard to payroll compliance and in avoiding issues surrounding discrimination of any kind.  We have the knowledge and experience in helping you and your organization with all matters pertaining to safety and health assistance which includes the Drug Free Workplace Act, drug and alcohol testing, the Occupational Safety & Health Act (OSHA), substance abuse, and worker’s compensation. EinsteinHR will also be there to help you and your workers with matters pertaining to the Family Leave & Medical Act (FMLA), maternity leave and PTO.

At EinsteinHR we work closely with our clients in order to ensure that they are in compliance with all federal, state and municipal requirements. Whether you are concerned about diversity issues in the workplace or just staying on top of any legislation that may affect you, EinsteinHR will be there to help.

Our company is committed to helping your small to medium sized company. We are committed to assisting you in developing a customized and more efficient strategy for addressing all of your human resource needs. At EinstienHR, we can help you find just the right candidate to fill any open positions that you have as well as getting them up to speed by providing training and effective onboarding. Our goal is to help you run your business more effectively by saving you time and money.

Contact us today to schedule a free consultation to find out how our services can benefit you. Call us at the number on your screen to find out more.