October 14, 2011
In May of 2011, the Department of Labor released a smartphone app that will allow employees to track their time and calculate their wages. In the last year, they have also added 250 investigators and initiated programs aimed at identifying allegedly misclassified workers.[1] The EEOC plans to hire an additional 101 investigators before the end of 2012 and has no plans to slow down their private sector investigations.[2] Now, more than ever, it is crucial that employers monitor their employment practices in order to not be caught off guard by a lawsuit or federal investigation.
Since 1998, many clients, representing companies of every size, have contacted Resolution Economics for litigation-related services only to find out that the data showed that the company policies at issue were not being implemented in the field as expected. Unfortunately for these clients, they had already been sued and were then left to wonder what other risks were looming.
Resolution Compliance is a new business group within the Resolution Economics Group that is focused on assisting employers in managing the risks associated with class action employment litigation. Building upon the vast experience of Resolution Economics on the litigation side, our goal at Resolution Compliance is to help companies anticipate and prevent costly employment litigation.
On the EEO side, we assist employers by analyzing their recruiting, hiring, promotion, termination, performance evaluation, and pay practices to examine whether the data suggest that there are statistically significant patterns adverse to protected groups. In our work we rely upon the science of labor economics to guide our approaches. In the wage and hour space, Resolution Compliance assists employers with examining exempt status for groups of workers, auditing payroll and timekeeping data, and monitoring risk related to meal and rest period claims and off-the-clock work. In connection with all of these areas, we identify and analyze the appropriate data. In cases where the right data does not exist or is not being collected, we specialize in designing scientific data collection methods including surveys, time diaries, in-person observation studies and video observation studies.
At Resolution Compliance, we never simply input your data into a cookie-cutter software program and spit out pre-fab reports. We collaborate with HR professionals and in-house and outside counsel in order to assist our clients in monitoring all aspects of wage and hour and EEO compliance. Whether this involves a semi-annual video observation study, sending hand-held devices to a random sample of employees to track work-related activities in the field or working with existing HRIS, payroll and other data systems to monitor promotions, terminations and pay, Resolution Compliance has the knowledge and skill to conduct comprehensive and sophisticated compliance monitoring. Our professionals will use their years of experience to interpret the results and give thoughtful insights on how to improve your compliance and data collection methods. In addition to utilizing sophisticated data collection and processing techniques to identify any areas of non-compliance, we can also help identify other areas of risk that may not be on the company’s radar, but certainly won’t be missed by Plaintiffs’ counsel or the EEOC.
If you are interested in learning more about our compliance monitoring services, please visit resolutioncompliance.com
[1] Richman, Barbara, Smartphone App Underscores Need for Wage and Hour Compliance, Bizjournals.com, June 24, 2011.
[2] EEOC Fiscal Year 2012 Congressional Budget Justification, February 2011 http://www.eeoc.gov/eeoc/plan/2012budget.cfm#_Toc282609532