OFCCP Audits coming your way?

If your business is a government contractor or subcontractor, you should already be familiar with the OFCCP’s ( The Department of Labor’s Office of Federal Contract Compliance Programs) Internet Applicant Recordkeeping Rule.  The rule,  which went into effect Feb 2006, sets record-keeping standards for covered companies that use electronic data technology to fill positions. 

If you are a covered company, get ready – the Department of Labor has started the process of auditing companies for compliance.  Prepare now for the audit by making sure you understand the basic concepts and main focuses of the Rule.

First, it’s important to understand exactly who is considered an applicant.  The OFCCP defines an applicant as an individual who meets the following criteria:

• The individual submits an expression of interest in employment through the Internet or related electronic data technologies;
• The contractor considers the individual for employment in a particular position;
• The individual’s expression of interest indicates the individual possesses the basic qualifications for the position; and,
• The individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.

The Rule’s main focuses are Recordkeeping Requirements, Defining Qualified Candidates, and Data Management .

The Department of Labor Website has a great FAQ page which goes into detail on each topic.

If your company receives an audit notification, or you would like more clarification on the Internet Applicant Recordkeeping Rule, Contact our office to schedule a consultation with an attorney, or to learn more about our Business Solutions programs.

Tuition Assistance

Many employers offer Tuition Assistance as a benefit for their employees.  In most cases, it’s also beneficial for the company, as employees who are afforded the opportunity to persue continuing education will bring that knowledge back into the workplace, expanding a company’s knowledge base.  Surveys show that tuition assistance programs boost employee satisfaction and productivity, and go a long way toward helping companies retain those knowledgable, satisfied, and productive employees.

A downside is that there is a possibility that your employee’s new knowledge and skill-set will make them extremely marketable and attractive to other companies as well.  How can you ensure that the investment you make in your employee will be returned to YOUR business and not your competitors?

It may be tempting (and seem fair to you) to require that employees who utilize your Tuition Assistance program stay employed with you for a certain number of months or years after completing their coursework.  This policy, however, treads close to being a contract, and puts you on precarious employee-at-will ground (that either you or your employee can terminate employment at any time and for any lawful reason.)

One solution is to structure your Tuition Assistance program as a “loan program”, where your employee agrees to pay back the cost of tuition within a set number of years, OR within 30 days of leaving the company.  Then set up a graduated scale for forgiving the debt based on how long the employee stays employed.  For example, forgive 25% of the loan at one year after coursework, 25% the following year, and the remainder the third year.

The key is to have a solid, consistent loan agreement, including a statement that nothing in the agreement alters the at-will employment relationship or creates a contract.

Hippo & Fleming Law Offices can help:

• Our staff can review your current Tuition Assistance Program or work with you to create a new program.Contact our office to learn more about how we can help.

• Whether you need an existing company policy reviewed, or are just starting to think about writing an employee handbook or add a benefit program, our attorneys can give you the legal guidance you need. Contact our office for more information.

PA Workplace Safety Committee Certification Program

What would you do with a little bit of extra money for your business? 

By participating in the PA Workplace Safety Committee Certification Program, not only can you realize a 5% savings on your Worker’s Comp insurance premiums, your employees get the benefit of having a safer work environment, too!

To participate and be eligible for the 5% discount, you as an employer must create a Workplace Safety Committee that meets certain requirements, then complete and submit an application to the PA Workers’ Compensation Bureau’s Health and Safety division for review between 90 and 30 days in advance of your workers’ compensation policy renewal date or, if you’re a self-insured employer, between 90 and 30 days of your self-insurance application renewal date. You will receive notification if you’ve been approved or if there are areas where additional information is needed.

The basic requirements for a Workplace Safety Committee include:

• Committees must have a minimum of 2 employer and 2 employee representatives, meet monthly and be in operation for at least 6 full months.

• All committee members must be trained by qualified trainers in safety committee operation, hazard inspection and accident investigation.

• Committee meeting agendas, attendance lists and meeting minutes must be kept.

Visit the PA Department of Labor & Industry site for more information, the program manual, and application.

source: PA Department of Labor & Industry

Your responsibility to your employees

All business owners and managers know that they have a responsibility to provide a safe, harassment-free workplace for their employees.  While most employee harassment claims stem from co-worker or manager harassment, employers also have a duty to protect their workers against harassment from vendors and customers as well, as a recent federal lawsuit illustrates:

A former restaurant server won a $75,000 settlement against her employer because managers failed to act after she reported ongoing harassment from customers based on the race of her children. 

The suit states that the server, who is white, brought her bi-racial children into the restaurant on her day off.  Soon after that, a couple who frequented the restaurant began calling the server offensive names within ear-shot of her co-workers and said that they didn’t want her to wait on them.  Although the managers were aware of the situation, they did nothing to try to stop the harassment.  After over a year of harassment, the server quit.

Michelle Eisele, supervisory trial attorney with the EEOC, stated, ““I think the manager thought (the couple) have a First Amendment right and that’s who they are and they’re really good customers.” 

As part of the settlement, the company also agreed to post an EEOC sign stating, “CMR’s (the restaurant’s owner) managers are expected to ensure that their employees are not subjected to harassment prohibited by law, including harassment by co-workers, customers, or other parties with whom CMR does business,” as well as provide training on policies prohibiting discrimination and race-based harassment.

source:The Herald Bulletin

How would YOUR company fare in a similar situation? Do you have a strong, clear harassment policy? Our attorneys can help you create or fine-tune and effective policy. We offer training sessions for your or your supervisors on identifying discrimination and harassment. Contact our office for more information on how we can help you be proactive in managing and protecting your employees.