Employer Compliance Assistance

ELDI’s mission is to help employers manage the risks posed by unwieldy and ever-changing employment laws and regulations by focusing on compliance and policy management. Employers who have strong compliance programs are better able to implement and enforce reasonable workplace policies and defend themselves in the event of litigation.

Employers of all sizes are subject to various Federal, state, and local laws. In Pennsylvania, employers with as few as four employees are subject to a state law – the Pennsylvania Human Relations Act – which imposes the same burdens as no less than three Federal statutes applying only to far larger employers. New Jersey employers face the same situation under New Jersey state law with only two employees. Simply having a handbook or workplace posters hung in a lunchroom or copy room is not sufficient to protect employers in today’s business and legal environment. Employers may not realize the significant effects that state and local laws and regulations have on employee rights, including additional rights to leaves of absence from work, not provided under Federal law. Many employers often have “growing pains” as they expand from a small business where employers treat employees like family to a larger company with employees whom are not familiar with or mindful of company culture. Employers often find themselves with the impossible decision of whether to “help” an employee while considering the potential problems that “help” can create for the employer in the future.

ELDI helps employers stay legally compliant and works with employers as issues arise so that employers can maintain a productive workforce. ELDI’s comprehensive employer compliance services include:

EMPLOYEE HANDBOOKS

• Creation and revision of employee handbooks
• Alternate handbook formats for employers with offsite employees in other states or locations

POLICY DEVELOPMENT

• Employee background checks – criminal, credit, driver’s license checks
• Drug testing policies
• Medical Marijuana
• Employment eligibility verification
• Dress codes
• Data protection – protection of employer proprietary information
• HIPAA and Affordable Care Act compliance

POLICY IMPLEMENTATION

• Selection of employees for layoff to minimize risk of discrimination claims
• Review of employee overtime classifications to avoid wage and hour claims
• Counseling employers on use of background check information in hiring and termination of employees
• Implementation of drug testing policies including employee counseling, discipline, termination, and effect on offers of employment
• Counseling employers on employee privacy issues in hiring, discipline, and termination of employees
• Counseling employers on consistent policy enforcement and employee policy awareness
• Counseling employers on documentation of employee performance and discipline issues, including protection of employers from making unnecessary admissions and unintended consequences
• Counseling employers on employee discipline and termination

MANAGEMENT AND WORKFORCE TRAINING

• Anti-harassment and Anti-discrimination training
• Workplace confidentiality training
• Insurance compliance training
• Government contract compliance training
• Training managers to spot and report harassment and discrimination
• Social media training – use of private social media accounts for business purposes, “cyberbullying,” impact of conduct on private social media accounts on employee’s job
• Free speech in workplace
• Training for managers and employees on the difference between a “hostile work environment” and appropriate workplace criticism
• Training managers on implementing changes in workplace culture and policy
• Workplace security
• Disciplinary compliance – private counseling of employees and supervisors on appropriate workplace conduct, rather than generic “anger management” or “harassment” training
• Diversity in the workplace

DISABILITY ACCOMMODATION AND MEDICAL/PERSONAL LEAVE OF ABSENCE MANAGEMENT

• Review of leave requests/certification of need for leave
• Counseling employers on the interplay between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)
• Designing and implementing reasonable accommodations for disabled individuals in the workplace
• Compliance with state and local leave laws, including paid family leave and leave for victims of domestic violence
• Investigation and discipline of employees for abuse of accommodations
• Investigation and discipline of employees for abuse of leave rights
• Counseling employers on medical/personal leave reinstatement
• Counseling employers on issues arising during leave, alternate staffing arrangements, and termination of employees who do not return from leave
• Management of military leave and reinstatement