Compliance Reviews

 

 

 

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Key Benefits

Total confidence in the compliance of your systems and processes

Full reviews that provide for strategic considerations for enhancement

Strategic and measurable processes to enhance employee morale and operational outcomes

Diversity programs that support employee morale and operational success

Policies and procedures developed to comply with the spirit and intent of the law

Capabilities

Affirmative Action Planning and Development

Compliance support and conciliation management

HR Practice reviews to identify compliance traps and potential legal pitfalls

Employee training and development

Compliance Management Support

HR management is arguably the most critical organizational function in business today.  Managing the HR function has always been a difficult task, now, and for the foreseeable future, it will continue to be one of the most demanding of all managerial jobs. Federal and state laws, regulations, tax codes, and court decisions have impacted the HRM function heavily.  The HR organization that is not well versed in those controls is courting disaster.  The pervasiveness and muscle of legislation affecting HR management and operations is well illustrated by many laws and their implementing regulations.

   

Our clients have discovered the incredible value from our services because they provide:

Affirmative Action and Diversity Program Development and Support

Examine HR policies and procedures to determine organizational risks;

Collaborate with other functions in the organization (such as operations, finance, contracts, etc.) to create and enforce policies;

Monitor compliance with laws and regulations;

Communications program to promote wide understanding and acceptance;

Provide risk management and compliance training programs; and

evaluate the effectiveness of programs on a continual basis.

bulletStrategic and measurable HR Services developed to meet legal scrutiny and challenges

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Affirmative Action Planning and Development

 

An affirmative action plan is a tool that evaluates the workforce, compares it with the labor pool and then includes practical steps addressing under utilization of specific groups. The tool is designed to measure progress towards equal opportunity in recruiting, hiring, training, promoting, and compensating individuals.  However, there is much controversy regarding the application of the Affirmative Action program most often due to misunderstood and misapplied principles resulting in reactive measures to meet goals. Yet the pressure to be compliant is about to increase substantially…

Is your company poised to receive stimulus money directly or as a subcontractor? Is your business development department or sales department actively pursuing federal government revenue? If so, you may be evaluating the pros and cons of doing business with the government; or blindly diving in! If your company has 50 or more people and contracts of $50,000 or more, you may be subject to Executive Order 11246 requiring the development of an annual affirmative action plan. While this plan is not submitted to a governmental agency, your company’s signature on a contract or subcontract, states that you are doing it and will comply with the regulations. It also means that you are subject to random and periodic audits by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). According to a recent press release, the Department of Labor's (DOL) proposed Fiscal Year 2010 budget includes a $25.6 million increase the Office of Federal Contract Compliance Programs (OFCCP) which will be used to add staff to increase enforcement activities and outreach efforts regarding compensation, thereby increasing the number of compliance reviews performed.

Since 2001, the OFCCP has enacted policy initiatives and directives to provide clearer guidance for employers with more enforceable standards. In 2005, the OFCCP launched their Active Case Management System (ACM) resulting in more open reviews than in the past.  In 2007, enforcement efforts resulted in a record number $51,680,958 in back pay and annualized salary and benefits for a record 22,251 American. This reflects a 78% increase in financial remedies since FY 2001.  That number is expected to increase substantially as the OFCCP prepares to use their new funding to increase staff and double down on employers, especially small to mid-sized organizations.  Now, more than ever, the consequences for non-compliance is a bulls eye on your company. Our Planning and Support Services help to guide your organization through the maze of compliance requirements to:

bulletDetermine the requirements that drive Affirmative Action;  

bullet Understand the regulating authorities that are mandated to review compliance;

bullet Practically prepare for recent trends and auditing activity by the OFCCP;

bullet Prevent the most frequent compliance failures;

bullet Fully implement a compliant program; and

bullet Equip your organization with the ability to successfully handle an audit

 

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Affirmative Action Plan Management and Conciliation Services

 

Being an AAP employer requires you to collect various demographic data for the purpose of complying with the order.  It also requires you to gather and report your applicant activity, hires, promotions and terminations. EEO-1 and Vets-100 reporting is necessary each year. While there is no requirement for “quota” hiring, a company must perform the analysis and show that good faith effort has been made to overcome underutilization. Never before has affirmative action compliance meant what it does today.  As experts in affirmative action compliance activities, we are prepared to support your needs by:

bulletAssure that your current employee data is “clean” – EEO-1 codes reviewed and verified for accuracy; race and gender information collected on current employees. If employees choose to not self-identify, the regulations allow for a visual survey to populate this field on your HRIS

bullet Assure that your HRIS has the ability to report hires, promotions and terminations for a particular time period. Define what a promotion is in your organization and have a way to report it.

bullet Develop a self-id form for race and gender voluntary disclosure in your application process. Determine how it will be distributed and tracked.

bullet Determine how you will define and track applicants. For most employers, large and small, this is the most burdensome part of the AAP process. Those who are using an electronic Applicant Tracking System (ATS) must define who is an applicant for AAP purposes and have a way to report that subset.

bullet Once data is clean and collected, prepare the AAP. Train and educate hiring managers and supervisors about the AAP requirements.

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For more information about cost-effective, timesaving, compliance guidance for AAP services and government audits, contact us to discuss your needs and opportunities for providing solutions.

Compliance Reviews

AAP's are produced one time per year, and most be updated each subsequent year. The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) conducts spot checks on contractors to ensure AAP completion and reporting. Establishing an up-to-date and compliant AAP is critical. Our services focus on three key outcomes, tactical, strategic, and audit success.

Tactical Solutions Involve:

bulletREVIEW text and assure compliance with stated text.     

bullet REVIEW all data to assure race, gender, eeo-1 data is accurate.

bullet POST policy reaffirmation statements.

bullet UPDATE any state and federal EEO postings at each site.  

bullet DOCUMENT any disability accommodations made by the organization.

bullet POST all jobs with the State job service for each facility.  

bullet ADD Equal Employment Opportunity/Affirmative Action (EEO/AA) tagline to all advertising.

bullet INCLUDE EEO/AA statement in all purchase orders and contracts.  

bullet COLLECT voluntary race and gender information prior to hire.

bullet COLLECT voluntary disability and veteran status post-hire.  

bullet DEFINE applicant within your organization.

bullet MAINTAIN applicant flow in an electronic format.  

bullet ASSURE all hires are on the applicant flow log. 

bullet DEFINE EEO/AA promotion within your organization.

bullet DEVELOP method for reporting promotional activity.  

bullet REVIEW personnel files for EEO recordkeeping violations..  

bullet AUDIT I-9s to assure completeness and correctness.

bullet SUBMIT Vets 100 and EEO-1 forms annually by September 30.

bullet INFORM unions (if applicable) of EEO/AA compliance.  Post Beck Notices (if applicable).

bullet NEGOTIATE third-party contracts for EEO/AA compliance requirements..

 

Strategic Solutions Involve:

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REVIEW areas of underutilization.  Develop a meaningful action oriented internal and external program strategy to address areas of underutilization. bullet

DOCUMENT all good faith efforts at overcoming underutilization.   bullet

COMMUNICATE areas of underutilization to supervisors/managers.   bullet

DOCUMENT selection processes, for hires and promotions. bullet

TRAIN managers and supervisors in EEO/AA regularly.   bullet

TRAIN employees in EEO regularly.   bullet

ANALYZE compensation equity, at least twice per year.   bullet

CREATE a plan to adjust pay discrepancies. bullet

DEVELOP a strategy to assure compensation equity upon hire.  

Audit and Conciliation Services Involve:

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HANDLE OFCCP requests and responses.   bullet

MEET with managers and supervisors prior to an on-site to communicate expectations. bullet

MANAGE and mitigate issues prior to the audit. bullet

PROVIDE reasonable access to records and employees.    bullet

DEVELOP rapport with the auditor for honest exchange of information.

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General HR Compliance Review Services

Since the Civil Rights Act of 1964 was first enacted calendar pages have been turning for nearly 50 years. In that time, countless numbers of HR professionals (and legal professionals) have come and gone.  Many of them have done their very best to abide by the letter, and the spirit, of the law.  Equal Employment Opportunity can be found in Title VII of that Act.  It has given us a guidepost for everything else, including Affirmative Action and Diversity programs. Strategic reviews identify ways to make your Human Resources Department run more effectively and evaluate whether your organization is complying with all of the current employment laws and regulations. Our reviews help you to:

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Identify opportunities for improvement of the Human Resources Department; bullet

Evaluate key Human Resource indicators such as recruitment success, turnover, legal complaints, employees grievances, wage and salary market indicators, information systems among others; bullet

Evaluate key Human Resource indicators such as recruitment success, turnover, legal complaints, employees grievances; bullet

Analyze record keeping procedures for compliance and effectiveness; bullet

Evaluate the organization's compliance with employment laws and regulations to avoid unnecessary litigation; bullet

Analyze Compensation processes for legal compliance as well as to verify these processes are being consistently followed; bullet

Examine the Benefits program to help maintain legal compliance and measure the effectiveness and satisfaction via an employee survey or focus group facilitation; bullet

Evaluate the Affirmative Action and Diversity program effectiveness; bullet

Research the Employee Relations policies and procedures to verify they are regularly updated and that they comply with current laws; bullet

Constructively critique the Human Resources Strategic Planning to determine if the department is moving towards its goals as well as determining if the department goals are in alignment with organization goals; bullet

Identify which Human Resources programs and services are most effective and valuable and which programs need improvement; and bullet

Provide your organization with an Action Plan for enhancing the overall Human Resources function

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Diversity Program Development and Training Services

Like Affirmative Action, equal opportunity is a legal requirement and unfortunately, in some workplaces, managers who don't understand the difference between the two programs tend to paint both programs with the same brush. However, there is a tremendous difference between the two.  Affirmative Action is designed to understand and measure assimilation of minorities in the workplace, whereas diversity is designed to encourage inclusion. Therefore diversity should never be considered in the same context as affirmative action. To help your organization manage diversity, we are prepared to:

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Work with your team to ensure you are leverage the best resources for a diversified candidate pool; bullet

Determine the key qualifications that help to identify the best qualified candidate based on job requirements and business necessity; bullet

Explore alternative ways to help employees become qualified for such job opportunities; bullet

Leverage the background and skills of your employees to help train others within your organization; bullet

Establish policies and performance standards that work to manage the employee lifecycle with farness, business necessity and seniority; bullet

Educate staff in valuing diversity of individual backgrounds, experience and talents; and bullet

Work with your management team to develop a program that maintains fairness, manages conflict effectively by using internal resolution processes.

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Copyright 2010 © Hampton Resources, All Rights Reserved

Contact Us  /  Site Map  Web Privacy Notice  / Search