Spilman Thomas & Battle, PLLC
Spilman SuperVision™ Services
can help you develop the appropriate framework to evaluate and solve your employee and labor relations problems. The Spilman SuperVision services are a comprehensive set of tools designed to provide companies with a “soup to nuts” evaluation of their human capital and human resources processes and a vehicle to maximize excellence in human resources. Through SuperVision, Spilman professionals focus not only on compliance with all applicable employee and labor relations laws, but also on helping you make your human resources operations provide positive value to your business, including achieving a positive return on investment for each labor dollar spent.
“Focus 90% of your time on solutions and only 10% of your time on problems.” 
Whether you have five, five hundred or thousands of employees, your company will benefit from SuperVision. Each audit is customized to suit your business.
The Spilman SuperVision Audit
We will review your existing Employee Handbook for comprehensiveness and compliance with the full range of labor and employment laws and regulations. We are able to make revisions to your Handbook, draft sections of your Handbook or redraft your Handbook in its entirety, based upon the individual needs of your company. If your company does not currently have one, we can walk you through the process of creating a Handbook based on your current written or unwritten policies and practices. We will make sure that your Handbook fits your business, your values and your culture.
Policies and Procedures
We will review your written policies and procedures, as well as any unwritten practices, for consistency with the current state of the law. We will also revise, rewrite or draft new policies as necessary. Finally, we will review the implementation of your policies to confirm that they are being applied consistently by your supervisors and in a manner that will withstand legal scrutiny and maximize excellence within your organization.
We will review your procedures for maintaining personnel files and determine whether proper documents are included in your personnel files, such as hiring records and documentation of employment actions. We will also confirm that, consistent with state and federal laws, certain employee records are not
kept in your company’s general personnel files, but instead are maintained elsewhere in an appropriate and secure location. The SuperVision Audit will include an examination of a representative sample of actual personnel files and other records to determine whether your company’s practices comply with company policies.
Employment Applications, Recruitment and the Hiring Process
We will review all of your pre-employment practices, procedures and documents to confirm that the methods you use to recruit and hire new employees are efficient, effective and legally compliant. Employment applications should be:
- compliant with current labor and employment laws; and
- drafted to obtain the information needed by the employer.
Employment applications should include:
- an attestation as to the truthfulness of the information provided by the applicant;
- an at-will employment statement; and
- authorizations and releases to complete reference checks, criminal background checks and drug testing (when applicable).
We will audit and review your company’s job descriptions and determine whether they are accurate, up-to-date and compliant with all federal and state laws. We will verify that:
- job descriptions have been prepared for each position;
- job descriptions accurately reflect the duties performed by each employee; and
- job descriptions are ADA compliant.
We will review your company’s practices, procedures and forms for evaluating employee performance. If your company does not use performance evaluations, we will draft applicable forms for your use. We will help you develop a regular schedule for completing performance evaluations and salary reviews, if applicable. We will determine whether you:
- have completed performance evaluations for introductory employees at conclusion of introductory period; and
- have completed performance evaluations for all employees on an annual basis.
Wage & Hour
We will undertake an audit of your payroll records to determine whether exempt employees are properly classified as such, that all payroll deductions are proper pursuant to the Fair Labor Standards Act and state law, and that work hours are being recorded properly. We will also review your payroll procedures relating to sick leave, vacation and leave of absence to assess whether these practices are consistent with both your policies and the law. Our wage and hour audit includes:
- Assessing whether employees are properly classified pursuant to current federal law; and
- Reviewing payroll practices for compliance with state and federal laws as follows:
- Minimum wage
- Proper/improper deductions from pay for exempt and non-exempt employees
- Final paychecks
Employment Eligibility Verification (I-9)
We will audit your employment eligibility verification (I-9) forms to confirm that your company has an I-9 form on file for all active and former employees. We will identify and assist you in correcting any errors for each completed I-9 form. We will also assess your company’s compliance with applicable laws relating to employment eligibility verification, specifically that:
- I-9 forms are maintained for all current employees hired on or after November 6, 1986;
- forms are maintained for former employees for three years from the date of hire or one year after the employment ended, whichever is later;
- forms are completed within three business days of the commencement of employment. (New employees must complete Section 1 of the form on the first day of employment);
- forms are maintained separately from personnel files, in a secure location; and
- authorization for employment is re-verified, as necessary.
Affirmative Action Plans
We will assist you in determining whether your company has any federal contracts or other conditions that require you to maintain an affirmative action plan and, if so, help you develop a plan. If your company already has an affirmative action plan in place, we will assess your plans and your recruiting and reporting procedures for compliance with the current state of the law.
We will review your record retention policies for compliance with state and federal law (or draft policies if necessary), as well as audit your actual practices to determine whether you are following your existing policies. We will also assist you with developing procedures to preserve documents in the event of litigation.
Other Spilman SuperVision Services
Union Avoidance Audits and Training
Union avoidance can be achieved only through diligence along with attention to the desires and sentiments of employees. Employers should periodically audit their work force to determine whether management's relationship with its employees remains strong or whether problems exist that may make the employees receptive to union organizing. Management must constantly take a very critical look at employment conditions to see whether there are areas that can be improved so that they can blunt any possible chance of a union-organizing drive. In short, union avoidance is a process that must occur irrespective of whether or not your company is targeted by a union, and we can help you develop a process tailored for your company.
If a union does target your business for an organization campaign, we can assist you in addressing the campaign even before a petition is filed. From reviewing communications for compliance with federal labor law, to helping you communicate with your employees in order to help them see that a union is not the answer, to organizing the union’s potential bargaining unit in the most appropriate manner, we can help with all facets of an organization drive.
We work not only to help you respond to labor and employee relations issues, but we help you engage in strategic planning for the future in order to proactively avoid many such problems. Employee satisfaction surveys are invaluable tools to measure employee engagement, attitudes and opinions. Such surveys are also used to assess the effectiveness of a company’s leadership team or a company’s risk of facing a union organizing campaign. The results of an employee satisfaction survey can be used to increase employee commitment, enhance cooperation, reduce turnover, implement more efficient and effective training programs and assess and address issues such as compensation and benefits matters. Focused surveys:
- allow measurement of what is important to the company;
- help gauge the employee relations climate of the management and rank and file;
- assist with assessing the company’s risk for a union campaign;
- measure employees’ perceptions about the quality of their work life;
- assess the effectiveness of the company’s leadership team; and
- create alignment the management and staff with the overall vision and goals of the organization.
Preserving Trade Secrets, Confidential Information and Customer Relationships
Your business information is only valuable for as long as it is confidential. We will advise you on maintaining confidentiality of business information and trade secrets, including techniques that will maintain the legal protection of that information. We can also assist in drafting contracts and policies that will restrict the ability of your employees to use the information they learn from your business should they leave your employ.
Legal and Leadership Training
Even “best in class” policies will not help your business if your supervisors are not following them. We offer engaging, thorough training that will explain employment laws – including harassment and discrimination laws – to your supervisors so that they will be able to identify and resolve issues in the workplace. This can help your company deal with issues early and avoid litigation. Additionally, we also provide other human resource and leadership training designed to maximize the effectiveness of your employees. We offer training on a wide array of topics including, but not limited to:
- Sexual harassment
- Union avoidance
- Corporate goal alignment
- Developing a culture of effective corporate communications
- Managing employee leave processes
- Administering an effective discipline process
- Maximizing the effectiveness of performance appraisals
- Assessing institutional effectiveness
- Customized training
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The Spilman SuperVision Audit is a full “wellness program” for your HR functions. We will assist you in addressing all of your HR needs, from checking written policies and procedures to working with your frontline supervisors to ensure they comply with those policies and procedures.
For more information, please contact Eric W. Iskra in our Charleston office at 304.340.3785 or via email at email@example.com.
 Anthony J. D’Angelo, “The College Blue Book.”