In today’s market, you can’t afford to ignore potential risks in employment practices. As state and local jurisdictions across the country increasingly enact their own minimum wage, paid sick leave, and other wage and hour legislation, multistate employers face a complex and shifting regulatory landscape. At the same time, even small blind spots in HR policies and processes have the potential to disrupt operations and spark lawsuits. You need employment practices that are compliant, streamlined, and effective to minimize the risk of litigation and keep your business running smoothly. A strategic employment practices audit can uncover and help remedy risk areas before they become costly problems.

That’s where we come in. Littler’s employment practices audit team is an industry trailblazer for thoughtful, efficient – and cost-effective – audits. We offer audits on the full spectrum of wage and hour and HR issues, including exemption, independent contractor classification, leave administration, hiring practices, immigration (including Form I-9 and visas), and compliance with the Americans with Disabilities Act and the Fair Credit Reporting Act. Our extensive U.S. and international reach means that we always have the localized knowledge you need, no matter where your workforce is based. Whether you are facing specific problem areas or uncertainty on where to start, we partner with you to create a fully customized plan that identifies areas of weakness and opportunities for growth.

Fresh solutions to keep moving forward

At Littler, we don’t just know the law – we know your business. Our team includes attorneys who have held senior HR leadership positions, giving us unique insight into business realities and allowing us to deliver innovative solutions that make sense for a range of cultures and workforces. From a quick checkup on I-9 compliance to a soup-to-nuts national audit of policies, paperwork, and practices, we tailor our services to your precise needs and we provide best practices to help you move forward.

We offer cutting-edge technology resources that deliver comprehensive and value-added solutions. For example, through our innovative joint venture with Neota Logic, we can provide access to the ComplianceHR Navigator Suite, a powerful AI-based software platform that helps you stay on top of ever-shifting state and federal regulations on topics such as exemption and independent contractor status. Or, we can partner with you to assess pay practices using our Audit QB platform. We also deploy state-of-the-art data analytics, such as our Pay Equity Assessment tool, to ensure your compensation practices are compliant with the latest laws.

“Our lawyers don’t just identify and mitigate risks. We create opportunities to get the job done better and faster through our experience, technology and knowledge management resources.”
– Whitney M. Ferrer, founding member of Littler’s Compliance Audit Services Practice Group

Up-to-the-minute compliance insights in all 50 states – and beyond

As state and local employment regulations become more numerous and complex, a broad geographic compliance focus is vital. Thanks to our extensive footprint across the United States and around the world, we have lawyers with deep knowledge of local employment rules and regulations to help ensure compliance in every jurisdiction where you do business. We also can equip you with comprehensive and up-to-date information on wage and hour laws through Littler GPS.

Tracking industry trends and delivering fully integrated solutions

Our employment practices audit team collaborates with our diverse network of thought leaders to provide full-service solutions across practices areas and industries, including retail and healthcare. We draw on our extensive industry-focused experience to keep you ahead of the curve on sector-specific trends and challenges and regularly offer occasions to benchmark and form relationships with other industry players at our national employer conference, roundtables, and other events.

Common Audit Topics

Hiring Practices

  • Job postings, applications and interview practices
  • I-9 Compliance
  • Pre-employment assessments and background checks
  • Offer letters
  • Onboarding Requirements
  • Employment-related agreements, including restrictive covenants, arbitration agreements and intellectual property rights

Employment-Related Policies and Practices

  • Handbooks and stand-alone policies
  • Diversity and inclusion
  • Fair employment practices, including reporting and investigation procedures and harassment training
  • Whistleblowing and corporate ethics
  • Drug testing, including policies, procedures and implementation
  • Employee privacy and HIPAA compliance
  • Performance, discipline, and terminations
  • Workplace safety
  • Union susceptibility
  • Poster requirements
  • Record retention

Leaves of Absence

  • Disability analysis and accommodation administration
  • Pregnancy accommodations
  • State specific leaves, such as civic, crime victim and school activity leaves
  • Paid sick and safe leaves
  • Paid and unpaid family and medical leaves

Wage and Hour Pay Practices

  • Timing and method of pay
  • Minimum wage and overtime, including regular rate analysis
  • Deductions from wages
  • Paystub requirements
  • Classifications (exempt v. non-exempt)
  • Independent contractor status
  • Pay equity
  • Meal and rest breaks
  • Incentive compensation, including bonuses, commissions and deferred compensation plans

Federal Contractor

  • EEO tracking and affirmative action EEO tracking and EEO-1 reporting
  • Affirmative action plans
  • Prevailing wage or other benefit obligations
  • Mandatory policy requirements

Benefits

  • ERISA and benefit plan compliance, including COBRA
  • Severance plans

Separation from Employment

  • Separation agreements
  • Confidentiality and post-separation restrictive covenants
  • Final pay requirements
  • Off-boarding notices
  • Unemployment

COVID-19 Practices

Employment Practices Audits Contacts

Focus On: Compliance Audits

Focus On: Compliance Audits

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