Employment Practices Audits

Avoiding violations of the Fair Labor Standards Act (FLSA) & Family Medical Leave Act (FMLA)

Employment law is constantly changing and evolving. So is your workplace. It is crucial that businesses periodically review their policies and practices to ensure that they are complying with all laws and regulations. Non-compliance can lead to protracted and expensive litigation, yet most potential violations can be easily detected and fixed. Navigant helps employers by conducting employment practices audits to ensure continued compliance with state and federal laws, writing employee handbooks, forms, checklists and procedures, training management and employees, and by monitoring employment law developments and providing timely updates. Correcting potential violations before they occur.

 Wage & Hour Issues under the FLSA

Wage and hour issues continue to be a hot item for employers. Wage and hour claims under the Fair Labor Standards Act (FLSA) and state laws are on the rise. Audits by the Department of Labor are more prevalent than ever, and the number of civil claims, including class and collective actions that lead to high-dollar liabilities, has continued to grow. While large, well-known conglomerates are often the subject of such FLSA lawsuits and resulting media attention, small, locally owned and operated companies have also been targeted by state and federal agencies and disgruntled employees.

Our attorneys help employers assess their vulnerabilities and implement policies and practices to avoid issues that put business at risk. Our lawyers know how to help you identify potential issues, ensure compliance with the FLSA and state wage and hour laws, and strategically defend against individual and class/collective actions when they arise.

Family & Medical Leave Act Violations

As an employer, it is critical that you have some familiarity with the basic provisions of Family Medical Leave Act (FMLA) in order to reduce your risk of accidentally violating your employees’ legal rights and being targeted by a costly and disruptive lawsuit.

FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a defined 12 month period. The Act applies to all federal, state, and local government employers, as well as to private employers with at least 50 employees within a 75-mile radius.

That may sound straight forward, but what do you do when the complicated questions arise? Is your employee’s illness serious enough to qualify as a “serious health condition”? Do you have to guaranty your employee can return to the exact same position when leave is over? If you have a reduction in force, can an employee out on FMLA leave be let go? 12 weeks are up and your employee cannot return to work, can you fire him/her? When the complicated questions happen, you can turn to Navigant.

The attorneys of Navigant can help you navigate the complex issues that arise with FMLA leave issues. Our attorneys can review your polices to confirm compliance before the issues arise. We can also be there to address your questions when the tough situations happen. Our attorneys put their extensive experience advising on FMLA and other employment issues to work for our clients. Helping them take the correct action and avoid the pitfalls and penalties of non-compliance.

Should you have any questions about employment practice audits or any other laws that may affect your business, or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.

Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Business Immigration, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.

This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.

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Waltz, Palmer & Dawson, LLC

3701 Algonquin Rd. Suite 300
Rolling Meadows, Illinois 60008

Phone: (847) 253-8800
Fax: 847-253-8822

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