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Labor and Employment Audit
for
Acquistion of Company
or Review of Company Policies

I.	General
	A.	States in which company operates
		1.	Interstate Activities
		2.	Peculiar State Labor Laws
	B.	Required Posters
		1.	OSHA
		2.	Wage and Hour
		3.	EEO
		4.	Workers' Compensation
	C.	EEO-1
II.	Personnel Files
	A.	Employee Evaluations Up to Date
	B.	I-9 information Up to Date
	C.	Other Forms
	D.	Complete Access to Personnel Files to Confirm Audit Information

III.	Workforce Census
	A.	Names, ages, sex, race, and national origin of
		1.	Management
		2.	Supervisors
		3.	Employees
	B.	Employees with disabilities and accommodations being made
	C.	Employees on medical leave
		1.	Workers compensation
		2.	Family and Medical Leave Act
		3.	Personal
		4.	Other
IV.	Labor Policies
	A.	Employee Handbook
		1.	Family and Medical Leave Act Policies
		2.	Policies involving sexual harassment
		3.	Disclaimer.  
		4.	Equal Employment Policy.  
		5.	Union Policy.  
		6.	Description of Communications Program.  
		7.	Problem Resolution Procedure.   
		8.	Employee Categories.  
		9.	Evaluation Period.  
		10.	Working Hours.  
		11.	Overtime.  
		12.	Time Clocks.  
		13.	Payroll Information.  
		14.	Fringe Benefits.  
		15.	Vacation.  
		16.	Holidays.  
		17.	Funeral Leave.  
		18.	Jury Duty.  
		19.	Work Reductions.  
		20.	Unpaid Leave of Absence.  
		21.	Illness Leave.  
		22.	Standards of Conduct.  
		23.	Attendance Guideline.  
	B.	Wages
		1.	How determined
		2.	Reviews
	C.	Overtime Exemptions (Fair Labor Standards Act)
		1.	Basis
			a.	Professional
			b.	Executive
			c.	Administrative
			d.	Outside Sales
		2.	Salary Information
V.	Employee Fringe Benefits
	A.	Health Insurance
	B.	Holidays
	C.	Pension
		1.	401(k)
		2.	Profit Sharing
	D.	Vacation
	E.	Motor Vehicles
		1.	Insurance
		2.	Maintenance
	F.	Other Fringe Benefits
VI.	Employment Agreements
	A.	Current Agreements
	B.	Previous Agreements
VII.	Collective Bargaining Agreements
	A.	Name of Union Business Representative
	B.	Pending Grievances and Arbitration Demands
	C.	Previous Collective Bargaining Agreements
	D.	Bargaining History
	E.	Existence of contributions to union funds
		1.	Unfunded liability
	F.	Description of bargaining unit
		1.	NLRB determination, if any
VIII.	Pending Litigation
	A.	Unfair Labor Practice Charges
	B.	Federal, State, or Local EEO Charges
	C.	Complaints with Department of Labor
		1.	OSHA
		2.	Wage and Hour
	D.	ERISA
	E.	State or Federal Lawsuits
IX.	Threatened Litigation
	A.	Current disciplinary matters
	B.	Employee Grievances
	C.	Letters from Attorneys
	D.	Employees Terminated in the past 12 months
		1.	Reasons
		2.	Payment of Severance
		3.	Releases
X.	Workers Compensation
	A.	Experience Rating
	B.	Five-Year History
	C.	Insurance Coverage of employees working in more than one state
	D.	OSHA accident and injury logs
XI.	Occupational Safety and Health
	A.	Safety Program
	B.	Recent OSHA inspections
		1.	Citations
		2.	Outcome
	C.	Potential Violations
		1.	Insurance company audits
		2.	Safety consultant audits
	D.	Hazard Communication Program
		1.	Material Safety Data Sheets
		2.	Employee Training
	E.	Other employee training and certifications
XII.	Environmental Matters
	A.	EPA Audits
	B.	Certifications of employees
	C.	Hazardous Wastes
XIII.	Unemployment Compensation
	A.	Current experience rating
	B.	Current pending cases
XIV.	Government Contract Requirements
		1.	Affirmative Action Programs
		2.	OFCCP Audits
XV.	Licensing Requirements for Employees
	A.	Current Licenses for Stationary Engineers
	B.	Licensing Requirements for other employees


Prepared by:
Kollman & Saucier, P.A.
The Business Law Building,
1823 York Road,
Timonium, MD 21093
(410) 727-4300

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