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Compliance Management SupportHR 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. |
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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. |
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Strategic and
measurable HR Services developed to meet legal scrutiny and challenges
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:
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:
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:
Strategic Solutions Involve:
REVIEW areas of underutilization. Develop a meaningful action oriented internal and external program strategy to address areas of underutilization.
DOCUMENT all good faith efforts at overcoming underutilization.
COMMUNICATE areas of underutilization to supervisors/managers.
DOCUMENT selection processes, for hires and promotions.
TRAIN managers and supervisors in EEO/AA regularly.
TRAIN employees in EEO regularly.
ANALYZE compensation equity, at least twice per year.
CREATE a plan to adjust pay discrepancies.
DEVELOP a strategy to assure compensation equity upon hire.
Audit and Conciliation Services Involve:
HANDLE OFCCP requests and responses.
MEET with managers and supervisors prior to an on-site to communicate expectations.
MANAGE and mitigate issues prior to the audit.
PROVIDE reasonable access to records and employees.
DEVELOP rapport with the auditor for honest exchange of information.
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:
Identify opportunities for improvement of the Human Resources Department;
Evaluate key Human Resource indicators such as recruitment success, turnover, legal complaints, employees grievances, wage and salary market indicators, information systems among others;
Evaluate key Human Resource indicators such as recruitment success, turnover, legal complaints, employees grievances;
Analyze record keeping procedures for compliance and effectiveness;
Evaluate the organization's compliance with employment laws and regulations to avoid unnecessary litigation;
Analyze Compensation processes for legal compliance as well as to verify these processes are being consistently followed;
Examine the Benefits program to help maintain legal compliance and measure the effectiveness and satisfaction via an employee survey or focus group facilitation;
Evaluate the Affirmative Action and Diversity program effectiveness;
Research the Employee Relations policies and procedures to verify they are regularly updated and that they comply with current laws;
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;
Identify which Human Resources programs and services are most effective and valuable and which programs need improvement; and
Provide your organization with an Action Plan for enhancing the overall Human Resources function
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:
Work with your team to ensure you are leverage the best resources for a diversified candidate pool;
Determine the key qualifications that help to identify the best qualified candidate based on job requirements and business necessity;
Explore alternative ways to help employees become qualified for such job opportunities;
Leverage the background and skills of your employees to help train others within your organization;
Establish policies and performance standards that work to manage the employee lifecycle with farness, business necessity and seniority;
Educate staff in valuing diversity of individual backgrounds, experience and talents; and
Work with your management team to develop a program that maintains fairness, manages conflict effectively by using internal resolution processes.
