• Conduct an Overall Human Resource Audit
• Policies and Procedures
• Establishing Recruiting and Hiring Standards
• Develop a New Employee On-Boarding Process
• Develop Performance Management Practices
• Employee Training Program
• Business Communication

• Recruiting and Hiring Process
• New Employee On-Boarding Process
• Employee Relations
• Workers Compensation
• Out Placement Services
• Whistleblower Employee Hotline

• Department of Labor - Gender and Race Discrimination Case
• Department of Labor - Hiring Discrimination Case
• Department of Labor - Gender and Race Discrimination Case
• Department of Labor - Worker Misclassification Case
• US Department of Labor's OSHA – Retaliation Case

Conduct an overall Human Resource Audit

KBG HR Consulting will conduct a full compliance audit, including wage and hour, Fair Labor Standards Act (FLSA) (exempt / nonexempt), immigration, Americans with Disabilities Act (ADA), leave processes and personnel file set up as well as HR best practice recommendations. We will thoroughly analyze your existing human resource policies, procedures, practices, documentation, and systems to gain a clear understanding and then provide recommendations and strategies for development of revised and/or new processes, programs and practices to streamline your existing operations.

Policies and Procedures

KBG HR Consulting will develop and/or evaluate all policies and procedures that comply with state and federal guidelines and to provide a framework for effectively governing your employee relations. Review your existing employee handbook and revises ensure that all policies are in compliance with current laws. The review includes:

• State and federal employment policies
• Rules and regulations
• Guidance with regards to work-related behaviors
• Information on compensation strategies and benefits

Establishing Recruiting and Hiring Standards

Our extensive recruiting experience will help us establish Standards Operating Procedures (SOP) according to best practices in the process of recruiting and hiring new personnel in compliance with State, Federal and Local laws and regulations to minimize your legal exposure of labor and employee relations. We will outline a workflow for the process, create a basic policy for posting open positions, create a set of legal and standard interview tactics, provide tips on candidate selection and outline the process of pre-employment screening. We will review existing job descriptions and revise as needed and develop new job descriptions. If necessary, KBG HR Consulting will conduct an analysis study for each specified job as it relates to specific skills. We would also be available to provide ongoing support and consultation for this process as outlined in the Month-to-Month Services section.

Develop a New Employee On-Boarding Process

This engagement would begin with an evaluation of the process (es) currently in place for on-boarding new employees. We would then establish a standard process for on boarding all new employees across the organization from the day they accept the position to their 90 day evaluation. This would also include new employee packets, employee file setup and standardization of forms. We would also be available to provide ongoing support and consultation for this process as outlined in the Month-to-Month Services section.

Develop Performance Management Practices

KBG HR Consulting will develop a performance appraisal process to manage the performance of your employees that is specifically tailored to integrate with your company’s culture, philosophy, and goals. When employees possess a clear understanding of their position and responsibilities in relation to your company’s overall mission, they perform better and strengthen your business. We will work with you to develop a results-driven performance management system that is linked to actual job content and specifications. This will maximize productivity and help manage employees more effectively.

Employee Training Program

Through this engagement, we will assist the managers in the creation of training and development programs that meets the needs of the staff and the management team while also meeting the objectives of the organization. We would create the training materials relevant and if necessary, assist in conducting the training program. Managers Training: (1) Determine appropriate training and provide administrative support to deliver such training; (2) Recommend, facilitate and/or provide training classes.

• Sample Customized Training and Development
• Harassment Prevention / Respectful Workplace
• Hiring for Excellence
• Behavior Styles and Effective Communication
• Performance Management
• Conflict Resolution in the Workplace
• Family Medical Leave Act (federal and state leave compliance)
• Wage and Hour Compliance
• Americans with Disabilities Act (ADA)
• Teambuilding Training and Exercises
• Social Media and Generations in the Workplace

Business Communication

KBG HR Consulting will assess your employees' attitudes by studying employee satisfaction, happiness, behaviors, and more. We can help you find out what your workers are happy with, what they desire, and what they dislike. We can assist with development and implementation of surveys such as Employee Opinion Surveys, 360 Degree Reviews, Company Climate Surveys, Benefits Satisfaction Surveys and more.

Recruiting and Hiring Process

After the initial engagement, which is outlined in the A La Carte Services section, we will provide ongoing support and consultation to the Leadership Team in all matters of recruiting and hiring. We can manage the entire recruiting process for you, or only the tasks you don’t want to perform. Our goal is to save both time and money while recommending quality applicants. KBG HR Consulting can assist your search by:

• Determining the best strategies for locating qualified candidates
• Creating an innovative approach to advertising
• Receiving and reviewing resumes
• Conducting phone screens and in-person interviews
• Providing detailed feedback on each candidate presented
• Verifying previous employment and credentials
• Conducting reference checks, background checks, and employment testing

New Employee On-Boarding Process

After the development of the new employee on-boarding process, which is outlined in the A La Carte Services section, we will provide ongoing support to the Leadership team in all matters regarding new employees and on-boarding. This support would be supplied mainly through email and phone communications. This may include assistance in identifying the need for and reviewing developed training guidebooks specific to each department or responsibility.

Employee Relations

KBG HR Consulting will train managers on properly handling employee relations and will provide ongoing support when needed. We would provide coaching to the management team in clarification and application of organizational policies. We would also assist in addressing any potential issues that arise and provide coaching support for managers with regards to employee relations. We will take the lead to investigate any harassment complaints and respond to Equal Employment Opportunity Commission (EEOC)/Human Rights Complaints. We can also provide on-site support for investigation including consultation of the process, one on one interviews and written report, findings and recommendations.

Workers Compensation

KBG HR Consulting will ensure that all key dates and deadlines are appropriately addressed throughout the course of a claim. Develop return-to-work policies to ensure that employees are back to work as soon as possible in order to minimize the cost of claims. We will help ensure that conditions/injuries are correctly documented and treated as well as develop an investigation process to determine cause of injuries to reduce future occurrences.

Out Placement Services

KBG HR Consulting will assist with the career transition process displaced employees using professional career management tools to create a better human experience for the displaced employee. This would include career planning and resume development.

Whistleblower Employee Hotline

The whistleblower hotline is intended to encourage and enable employees to raise serious concerns internally so they can address and correct inappropriate conduct and actions. Your employees would have access to confidentially report illegal or unsafe activity, or suspect misconduct without fear of retaliation. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

* KBG HR Consulting employees do not provide legal advice. All Policies and Procedures should undergo a legal review. The Company will be responsible for electing the legal advisor and pay for all fees associated with the legal review.

Department of Labor - Gender and Race Discrimination Case

Following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, Aramark Education Services LLC has entered into a conciliation agreement to resolve claims of systemic hiring discrimination. Office of Federal Contract Compliance Programs (OFCCP) found that the contractor discriminated against 335 male and African-American applicants for food service worker positions with Aramark, a federal contractor in Lubbock.

"There are no such things as 'women's work' and 'men's work.' There is only work, and federal contractors are well aware of their obligation to provide equal opportunities to all employees and job applicants," said OFCCP Director Patricia Shiu. "This settlement is a reminder that it is up to the employee or job applicant to decide which positions to pursue, whatever their reasons. A contractor may only evaluate whether or not an individual has the ability to do the job."

The agreement concludes an investigation from August 16, 2008 through August 16, 2010, by OFCCP that Aramark failed to comply with Executive Order 11246, which prohibits race and sex discrimination by federal contractors that do business with the government. Under the agreement, Aramark will pay $165,000 in back wages, interest, and benefits to the affected class members. The company, while not admitting liability, will also make 53 job offers to original applicants as positions become available. Finally, the company will review and revise its selection process and provide better training to its hiring managers to eliminate practices that result in gender and race stereotyping.

Department of Labor - Hiring Discrimination Case

The U.S. Department of Labor's has found that Fastenal Company, North America's leading distributor of fastening products and a federal government contractor, discriminated against 171 job applicants who sought general warehouse positions at two of its distribution facilities in Indianapolis and Atlanta.

OFCCP also found that, during its investigation, the company destroyed or failed to provide various employment records from both facilities in an alleged attempt to hinder the investigation.

Under the conciliation agreements with OFCCP, Fastenal has committed to hire 154 African American and 17 female class members and will pay $1,253,611 in back wages and interest to the 7,398 African American and 1,055 female job applicants in the affected class. The company did not admit liability. The violations occurred while Fastenal received more than $35 million in government contracts for its products.

"Fastenal has taken a step in the right direction by working closely with our agency to resolve these issues," said OFCCP Director Patricia Shiu. "Together, we will ensure that the company continues to maintain all required employment records and only uses employment tests that are job related to the position for which they are applying."

nvestigators from OFCCP's Indianapolis and Atlanta offices found that the company engaged in screening and testing practices that discriminated against African Americans and women. As part of the settlement, Fastenal has agreed to discontinue use of its written test and to revise its hiring and recordkeeping practices to ensure they fully comply with the laws and regulations that apply to federal contractors.

Department of Labor - Gender and Race Discrimination Case

Comcast Corporation has entered into a conciliation agreement with the U.S. Department of Labor's OFCCP to resolve allegations of sex and race discrimination. The company will pay nearly $190K in back wages and interest to 96 former and current female employees and 100 minority job applicants; reform hiring practices.

OFCCP investigators determined that between March 2006 and September 2007 in Everett, Washington, Comcast violated Executive Order 11246 by steering 96 women into lower-paying positions that assisted customers with cable services rather than higher-paid positions providing customer assistance for Internet services because these positions were considered "technical."

Investigators also established that Comcast disproportionately rejected 100 African American, Asian, and Hispanic applicants for call center jobs because its hiring tests were neither uniformly applied nor validated as related to the job. This resulted in systemic hiring discrimination on the basis of race. Comcast Corporation is a federal contractor.

"Sex-based compensation discrimination and race-based hiring discrimination are not only illegal, they also hurt our economy," said OFCCP Director Patricia A. Shiu. "We cannot build an economy that works for everyone by depriving women and minorities of opportunities to get ahead."

The notices of violation were issued March 22, 2011. After a lengthy conciliation process, an agreement was reached on April 30, 2015. The agreement requires Comcast to:

• Pay a total of $53,633.48 in back pay and interest to 96 current and former female employees;
• Pay $133,366.52 in back pay and interest to 100 African-American, Asian and Hispanic applicants; and
• Hire up to 31 members of the affected class as call center positions become available, to immediately correct any discriminatory practices, and to undertake self-monitoring measures to ensure that all compensation practices fully comply with the law.

Department of Labor - Worker Misclassification Case

The U.S. Department of Labor has recovered $1,009,643.93 in overtime back wages for 392 First Republic Bank employees in California, Connecticut, Massachusetts, New York, and Oregon. An investigation by the department’s Wage and Hour Division found that the San Francisco-based bank wrongly classified the employees as exempt from overtime, resulting in violations of the Fair Labor Standards Act’s overtime and record-keeping provisions.

Investigators found that First Republic Bank failed to consider the FLSA’s criteria that allow certain administrative and professional employees to be exempt from receiving overtime pay. In fact, the employees were entitled to overtime compensation at one and one-half times their regular rates for hours worked over 40 in a week. Additionally, the bank failed to include bonus payments in nonexempt employees’ regular rates of pay when computing overtime compensation, in violation of the act. Record-keeping violations resulted from the employer’s failure to record the number of hours worked by the misclassified employees.

“It is essential that employers take the time to carefully assess the FLSA classification of their workforce,” said Secretary of Labor Hilda L. Solis. “As this investigation demonstrates, improper classification results in improper wages and causes workers real economic harm.”

The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional, and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the department’s regulations.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records.

US Department of Labor's OSHA – Retaliation Case

The U.S. Department of Labor has entered into an agreement with McKees Rocks Industrial Enterprises Inc. and James T. Lind, the company's president, resolving a lawsuit alleging the illegal termination of a general laborer. The worker raised safety concerns at the company's McKees Rocks work site, which serves as both an industrial park and a terminal facility, resulting in an inspection by the department's Occupational Safety and Health Administration (OSHA). Following OSHA's inspection, the employee was initially reassigned duties and later terminated from his position.

"Every worker has the right to call attention to workplace safety and health issues without the fear of retaliation," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This settlement is a testament to OSHA's unwavering commitment to intervene legally when workers are the victims of a wrongful termination."

The employee filed a complaint after termination alleging that the defendants had violated Section 11(c) of the Occupational Safety and Health (OSH) Act. OSHA conducted an investigation and found the company had violated the act by firing the employee in retaliation for his safety complaint. In September 2013, the department filed suit in federal district court seeking reinstatement and monetary damages on behalf of the employee.

A judgment filed with the U.S. District Court for the Western District of Pennsylvania provides for the payment of $100,000 to the employee. The ruling also permanently prohibits the defendants from violating the whistleblower provisions of the Occupational Safety and Health Act. The judgment requires the defendants to display information prominently on whistleblower protections at the facility; remove all disciplinary action in the employee's official employment record; and provide prospective employers with a neutral reference for the worker.

OSHA enforces the whistleblower provisions of the OSH Act, as well as 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to an employer, the government, union or the media.