Employment Audits, Handbooks, & Compliance
Are your HR policies up to date, and are they effective in reducing potential liability for common problems? Does your company have clear and specific policies regarding the handling and documentation of common problems – and do your employees know about them?
Constangy attorneys take the time to understand your business objectives and your organizational culture. We want to know what it is that sets you apart from your competitors—what makes your company unique, and what values and attributes you seek to foster within your workplace. From there, we partner with you to develop policies, procedures and strategies for preventing employment claims and litigation, while capturing the mission and culture of your business and preserving that which sets your company apart from the rest.
We have found most of the companies we counsel benefit from an annual HR audit to reduce exposure to employment litigation liability and help your HR department operate smoothly. This in turn can increase productivity, reduce turnover and help maintain workplace morale. Our attorneys can guide you through a comprehensive audit and review of your policies and procedures across the full range of employment issues to help you identify and correct weaknesses and ensure compliance with relevant national, state, and local laws and regulations. We can also help you conduct audits in anticipation of, or in connection with, due diligence reviews associated with contemplated sales and/or M&A transactions.
Handbooks and Policies
We regularly draft employee handbooks, manuals, and employment-related policies, and offer counsel on the implementation and enforcement of such policies. Policy subjects are wide-ranging, and include background checks, drug testing, pre-employment testing, anti-harassment, paid time off, employee leave administration, and the protection of trade secrets. Whether you have an existing handbook in need of review and/or update to ensure compliance with the latest legal developments and best practices, or whether you need a new handbook developed from scratch, we will address your specific requirements and individually tailor each policy to best suit your company’s needs and objectives. Whether your company operates out of a single state or up to all 50, we can draft policies to ensure compliance with all workplace laws applicable to your organization, as well as line of business, subsidiary or enterprise-specific, or region-specific policies—depending on your preferences and operational needs.
Employment Law Advice and Compliance
Whether you need advice on day-to-day matters or assistance through seminal events, Constangy attorneys have the experience to provide prompt, practical assistance. We routinely advise employers with regard to rights and obligations under the many statutes and regulations that govern the employer/employee relationship. We consult with clients regarding terminations, discipline, and general performance issues; we conduct investigations of employee misconduct, including allegations of harassment and discrimination; we advise on compliance with leave of absence and disability laws, including federal and state family and medical leave acts and other anti-discrimination laws, including the FMLA, ADA and COBRA; and we provide advice on employment issues affecting corporate transactions such as mergers and acquisitions and counsel clients through terminations, reductions in force, workforce restructurings, and plant closings, including WARN Act compliance.
For more information, contact Jena Cottreau at 571.522.6100, or any Constangy attorney.
In-Person Employee Training Programs
While we are aggressive advocates for your organization during an investigation, audit or a court battle, we think the best approach to legal troubles is to work proactively to prevent them. We firmly believe that employment lawsuits, government investigations, and union organizing activity can all be best avoided and addressed if our clients have well-trained and educated supervisors and managers.
In certain circumstances, courts will allow employers to raise as an affirmative defense the fact that they attempted to prevent unlawful conduct by training their employees. Accordingly, effective training can both help employers prevent employment-related claims from occurring in the first place, and can act as a defense in the event litigation does occur.
We pride ourselves on providing thoughtful, practical and engaging training sessions. We offer in-person training programs (on site or via webinar) on numerous labor and employment law and human resources topics. But what you won’t find is a “cookie-cutter” program – we customize each training to suit our clients’ specific policies, practices and needs.
We offer general and specialized training programs for your entire workforce, as well as training developed specifically for managers and supervisors - to ensure that they understand your policies and procedures, the need for compliance, and their role in ensuring compliance.
Training topics include, but are not limited to:
- Preventing Workplace Harassment and Discrimination
- Investigating Workplace Harassment and Discrimination Complaints
- Workplace Bullying
- Wage and Hour Compliance
- Conducting Workplace Investigations
- Business Ethics/Corporate Compliance
- Reductions in Force
- Employment Law Basics, i.e., “Employment Law 101”
- Compliance with Family, Medical, and Disability-Related Laws
- Social Media and Privacy Issues in the Workplace
We offer a variety of pricing options, including flat rates, depending on the location, type and duration of the training that you want. If you are interested in having our attorneys or specialists conduct training at your company, feel free to contact the Constangy attorney or specialist of your choice or email firstname.lastname@example.org.
Workplace Drug & Alcohol Testing
Can you test your employees for drug and alcohol use? Who can you test and when? What substances can you test for? What about marijuana in states where it has become legal? Navigating this fast-changing area of employment law can be especially tricky.
To help you navigate this complex issue, Constangy has a team of attorneys that stay up-to-date on the latest federal and state laws and policy guidelines. We can work with you to make sure your drug and alcohol policies and testing processes meet all federal, state, and local legal compliance requirements; reduce your organization’s liability risk; and help you maintain a safe, drug-free, and effective workplace.
We assist with federal- and state-specific policy development; design industry and location-specific form packets; assist with compliance; and provide advice on hiring and severance procedures.
Constangy will answer questions about your drug testing policy such as:
- What personnel can you test?
- What substances can you test for?
- Can you test with instant products or use lab services, or both?
- Can you complete collections onsite or send your personnel to off-site collection facilities, or both?
- Under what circumstances can you drug and alcohol test?
Constangy develops customized policies and form packs for the following Department of Transportation (DOT) covered industries:
- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Transit Administration (FTA)
- Pipeline and Hazardous Materials Safety Administration (PHMSA)
- Federal Aviation Administration (FAA)
- United States Coast Guard (USCG)
- Mine Safety and Health Administration (MSHA)
- Supervisor Reasonable Suspicion Training in accordance with DOT guidelines
We give employers critical decision making guidance with regard to:
- Reasonable suspicion determinations and documentation
- Documenting appropriate disciplinary actions for violators
- Prevailing in unemployment compensation disqualification cases
- Prevailing in workers' compensation disqualification cases
- Negotiating last chance and work continuation agreements
- Response to regulatory fines and inquiries
- Union negotiations of Drug Free Workplace Policies
- Fitness for duty determination strategies
- Medical Review Officer protocols
- Laboratory Corrective Action Plans
- Collector Correction Affidavits
- Substance Abuse Professional regulatory compliance guidance
- Navigating DOT Medical Examination fitness issues
- Medical marijuana in the workplace risk reduction
- Public employee testing precautions
For more information of assistance in your specific workplace, contact Tommy Eden at 205.222.8030 or email@example.com or any Constangy attorney.