Employment Law Compliance
If you have employees, you have federal compliance obligations. While the applicability of certain federal employment statutes is based on a minimum threshold number of employees, all employers in the United States are subject to various statutory and regulatory requirements.
Failing to comply with these statutory and regulatory requirements can have severe consequences. Not only can aggrieved employees pursue administrative claims with the U.S. Equal Employment Opportunity Commission (EEOC) (and potentially other state and federal administrative agencies as well), but in many cases they can also seek redress in federal district court. Allegations of employer misconduct can also lead to federal investigations with the potential for substantial fines and other penalties. As a result, employment law compliance needs to be a top priority for businesses and professional practices of all sizes, as even a single allegation can lead to significant financial and reputational harm.
Federal Compliance Lawyers Experienced in Employment Law Matters
Our attorneys represent businesses and professional practices nationwide in all aspects of federal employment law compliance. Whether you have 10 employees or 10,000, we can help you establish compliance, document your compliance, and be fully prepared to defend against any allegations of discrimination, wrongful termination, or other improper employment practices. We can help make sure your executives, managers, and supervisors understand their roles in fostering and maintaining a compliant workplace, and we can help you implement a comprehensive compliance program that is custom-tailored to the unique needs of your business or practice.
Our employment law compliance practice encompasses all pertinent federal laws and regulations. While each business’s and professional practice’s needs are unique, examples of statutes that will often need to be addressed in developing a federal employment law compliance program include:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Consumer Credit Protection Act (CCPA)
- Employee Retirement Income Security Act (ERISA)
- Equal Pay Act (EPA)
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Genetic Information Nondiscrimination Act (GINA)
- Immigration and Nationality Act (INA)
- Immigration Reform and Control Act (IRCA)
- Occupational Safety and Health Act (OSHA)
- Pregnancy Discrimination Act (PDA)
- Title VII of the Civil Rights Act of 1964 (CRA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Worker Adjustment and Retraining Notification Act (WARN)
In addition to these laws, companies in agriculture, maritime, mining, and certain other industries are subject to various industry-specific laws as well. Many of these laws establish federal workers’ compensation rights for employees who are not covered under state workers’ compensation laws. Examples of laws that will create additional compliance burdens for certain employers include:
- Black Lung Benefits Act (BLBA)
- Energy Employees Occupational Illness Compensation Program Act (EEOICPA)
- Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act)
- Longshore and Harbor Workers’ Compensation Act (LHWCA)
- Merchant Marine Act (Jones Act)
- Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA)
Finally, for construction, defense, and other federal government contractors, compliance with the Davis-Bacon Act, the McNamara-O’Hara Service Contract Act, and the Walsh-Healey Public Contracts Act is critical as well. Among other potential consequences, non-compliance with these (and other) employment-related statutes can result in contract termination and ineligibility to submit future bids.
Federal Employment Law Compliance: Documenting and Implementing an Effective Compliance Program
As you can see from these non-exhaustive lists of federal employment statutes, employers face a diverse range of obligations when it comes to respecting the federal rights of their employees. At Oberheiden, P.C., we work closely with our clients to develop comprehensive and custom-tailored employment law compliance programs that address the specific requirements that are relevant to their workforces.
While all employers share certain compliance obligations (such as the obligation not to engage in discriminatory hiring or promotion practices), many businesses and professional practices face less-common compliance obligations as well. Our federal compliance lawyers can help ensure that your company is not unduly exposed to civil litigation and federal enforcement risks due to issues such as:
- Unlawful discrimination on the basis of race, color, national origin, sex, gender, age, religion, disability, or another protected characteristic
- Failure to adequately protect employees’ personally identifying information (PII), including credit and health information
- Wage and hour violations, including organized labor and union issues, failure to pay overtime, and misclassification of “exempt” employees
- Workplace safety violations, including failure to supply employees with adequate safety equipment
- Improper management of employee retirement and pension funds and other ERISA violations
- Immigration-related violations involving the screening, hiring, documentation, payment, and termination of foreign workers
- Violation of employees’ FMLA, USERRA, or WARN Act rights
The 5 Steps of Effective Federal Employment Law Compliance
In order to address these (and other) issues, businesses and professional practices must take five steps to establish an effective federal employment law compliance program. These steps are:
1. Risk Identification
Not all federal employment laws apply to all businesses. In order to determine your business’s or professional practice’s compliance needs, we will conduct a comprehensive and attorney-client privileged risk assessment focused on identifying the specific issues that need to be addressed.
2. Program Documentation
Once we have identified all pertinent issues, then we can prepare a comprehensive and custom-tailored set of compliance policies and procedures. We can also prepare employee handbooks, notices, training materials, and other documentation to assist in disseminating your business’ or professional practice’s compliance program organization-wide.
3. Program Implementation
With the necessary documentation prepared, your business’ or professional practice’s compliance program can then be implemented. This involves providing and education at the executive, managerial, and individual contributor levels, and ensuring that all employees understand their role in maintaining a culture of compliance.
4. Monitoring and Enforcement
Despite effective implementation, issues can still arise. If an individual employee is being accused of discrimination, or if your company is being accused of systemic employment law violations, you need to know about it as soon as possible. This can be done through systematic monitoring and enforcement.
5. Event Response Preparedness
Finally, if your business or professional practice faces allegations of impropriety, you need to be prepared to respond immediately. Depending on the specific circumstance involved, this may include instituting employee discipline, preparing a public relations (PR) response, and dealing with federal authorities.
Why Employers Nationwide Choose Oberheiden, P.C. for Federal Employment Law Compliance
Oberheiden, P.C. is a full-service federal compliance and defense law firm that represents corporations and other business clients nationwide. We offer our clients a full suite of corporate compliance services, including comprehensive federal employment law compliance representation. Our firm is comprised entirely of senior attorneys who all have extensive experience in federal practice, and our firm’s unique team approach ensures that each client receives the full benefit of our attorneys’ collective knowledge and insights. At Oberheiden, P.C., we also offer:
- 24/7 Accessibility – As a client of our firm, you will have 24/7 access to our federal compliance attorneys. Whether you have questions about a potential issue or need immediate legal representation for responding to allegations of non-compliance, our team of attorneys will be available to you on an as-needed basis.
- National Practice and Insights – Our federal compliance practice is national in scope, and this allows us to stay attuned to trends and developments in federal law enforcement on a nationwide scale. Is the Occupational Safety and Health Administration (OSHA) beginning an enforcement initiative targeting employers in certain industries or geographic locations? Is the U.S. Department of Labor (DOL) reaching out to employers to verify compliance? As an employer, this is information you need to know.
- Comprehensive Federal Experience – As a full-service federal compliance and defense law firm, we can assist you with more than just employment law compliance. We can assist with all other aspects of federal regulatory and statutory compliance as well; and, if you receive an inquiry from OSHA, the DOL, or any other federal agency, we have the knowledge and experience required to respond effectively on your behalf.
When it comes to federal employment law compliance, mistakes and oversights can be extraordinarily costly. Fortunately, these mistakes and oversights can be avoided. With an effective compliance program in place, even if your employees make mistakes, being able to demonstrate good-faith compliance efforts can substantially reduce your business’ or professional practice’s potential exposure. At Oberheiden, P.C., we can get you there, and we can help you feel confident that you are doing everything that is required in order to mitigate your risk of liability due to federal employment law violations.
Speak with a Federal Employment Law Compliance Attorney at Oberheiden, P.C.
Do you need to speak with a federal employment law compliance attorney? If so, we encourage you to get in touch. To discuss your business’ or professional practice’s compliance needs with an attorney at Oberheiden, P.C., please call 888-680-1745 or request a confidential needs assessment online today.