In the employment environment, the periodic review of an employer’s policies and procedures can reveal potential problems that, if not corrected, could result in costly litigation and serious liability for the company. Changes in employment law through legislation, regulatory actions and court decisions are a constant in the continually evolving employment arena. Now more than ever, employers must be on high alert when dealing with such changes or they run the risk of substantial liability and costly litigation. 

Some changes are momentous, such as the U.S. Supreme Court’s recent decision requiring states and employers to recognize same-sex marriages. However, other changes are more subtle and might escape an employer’s attention, such as: the recent decision by the National Labor Relations Board (NLRB) affecting the confidentiality of employer investigations of workplace incidents and employer rules regarding the confidentiality of employer information; the recently announced position of the United States Department of Labor (DOL) on employee versus independent contractor status; or the new Wage and Hour proposals which will determine who is and who is not an exempt employee for minimum wage and overtime purposes. 

Failure by employers to be aware of these changes in the law can result in government investigations and findings of significant wage awards and penalties. Even day-to-day matters that employers might be taking care of will need periodic review. For instance, job descriptions are enormously important when dealing with charges of discrimination. It is not uncommon for a job description that was once accurate to become inaccurate in just a matter of months. Although it may seem like a simple task, failure to periodically review and update documents such as job descriptions can have serious consequences.

Reger Rizzo & Darnall’s Employment Practices Group provides our employer clients with the ability to avoid costly employment-related claims by conducting annual or periodic reviews. We also work with employers to train and retrain managers and supervisors on how to correctly manage employment problems. 

We work closely with our clients to customize an employment audit and/or training program. We ensure our clients are in compliance with employment rules and regulations that change quickly so they can rest assured they are protected from vulnerability.