An important tool for preventing labor and employment issues that can lead to liability is the human resource audit. Nemeth Law, P.C. regularly audits client human resource policies, procedures and practices in order to:

  • Ensure the employer is in compliance with applicable employment laws
  • Provide up-front prevention through sound hiring documents
  • Ensure consistency of wording and practice among all human resource documents, including handbooks and personnel policies
  • Ensure the terms of a collective bargaining agreement are correctly worded and followed in all applicable human resource documents and company communications
  • Ensure employees are correctly classified as hourly, salaried or independent contractors in order to comply with the Fair Labor Standards Act (FLSA) and applicable wage and hour laws.

The independent contractor versus employee classification is especially important in today’s business environment as states get increasingly more aggressive – and restrictive- in defining independent contractors. Employers need to avoid the punitive fines of misclassification and Nemeth Law audits can help with this and other employment compliance matters.