Workplace Essentials

Core HR structure and employment law protection – for one fixed monthly fee.

There has never been a greater need for not-for-profit agencies to have effective HR structure: HR is no longer a support function — it is a strategic one. Every BBBS agency employs people, and with that comes every obligation, risk, and responsibility that employment entails — usually without a dedicated HR function to manage it.

Executive Directors are left to handle people issues on top of everything else the mission demands, while the laws that govern the workplace grow more complex each year. The Workplace Essentials Program closes that gap: the core HR structure and employment law protection every agency needs, for one fixed monthly fee.

The Solution

We get it — the agencies that get this right don't necessarily have bigger budgets — they have a smarter model. You don't have to wait for something to go wrong to build the HR function your agency deserves. This Workplace Essentials Program consists of 4 foundational services from our A la Carte menu bundled and significantly discounted.

Scope of Work

The scope of work includes four foundational services that provide your agency with the tools for success:

1. Employment Counsel On-Call™ Triage Service

Employment Counsel On-Call™ Triage Service

This is our most popular service from coast to coast. More than 4,000 employers throughout the country have retained our Firm to protect their agency under the On-Call Service and for good reason:

We cover the issues that arise within the full cycle of the employer-employee relationship with just a few exceptions.
We provide caveat-free legal opinions, advice, and counsel in response to the issues and questions that clients present.
Our role is to understand your desired outcome on an issue or question and identify a path forward to achieve that outcome with the least amount of risk.
The legal opinions, advice, and counsel we provide are fully indemnified by our professional liability insurance and protected by the attorney-client privilege.
There is no cap on utilization, and we encourage the thousands of employers that we protect to become frequent users and thereby take full advantage of the unique protections we provide.
Your team has immediate and direct access to our full team of lawyers via a dedicated email address and toll-free number.

2. Core Handbook Service

Core Handbook Service

The Handbooks we prepare under our core Handbook Service:

Address compliance obligations and best practices necessary to manage and reduce HR risk.
Are precisely tailored to fit the goals and objectives of each of our clients. These are not off the shelf, cookie cutter templates — no two of our Handbooks are the same.
Provide the policy language needed for compliance with state specific requirements.

View our core Handbook Preparation & Updating Service flow chart for an illustration of the process for this service.

3. Diagnostic Compliance Audit of Employment Practices

Diagnostic Compliance Audit of Employment Practices

Do you ever lie awake at night wondering if your team is keeping pace with constantly changing state-specific and federal employment laws, workplace regulations, and court/agency rulings? We have you covered.

Under this service, we conduct an in-depth audit of your employment practices — from hiring to wage and hour, leave, accommodations, classifications, and anti-discrimination compliance, terminations, and everything in between — against state and federal laws. We identify and flag compliance gaps to help you address risks and align your policies with legal requirements.

The detailed Audit Questionnaire serves as a roadmap for the privileged, attorney-client protected Audit conducted by a Foley & Foley attorney. We provide a copy of the Questionnaire when you confirm your decision to move forward with this Audit.

Federal & Multi-State Compliance

Want an audit of your personnel practices for compliance with federal law and the law of more than one state? Contact us for more information.

Self-Auditing

Do you prefer to conduct a self-audit without the opinion of counsel? The Diagnostic Compliance Audit of Personnel Practices Questionnaire is available for purchase for a fixed fee, which can be used in conjunction with our Firm's State Synopses resource documents — which contain clear summaries of the employment laws applicable in each state — so you can conduct your own internal audit. Additional information on the Firm's State Synopses resource documents can be found in the Training section of the A la Carte Menu.

4. Employment Law Compliance and HR Risk Management Templates, Toolkits & Updates

Employment Law Compliance and HR Risk Management Templates, Toolkits & Updates

This Employment Law Compliance and HR Risk Management Templates, Toolkits, and Updates Service is a twelve (12)-month commitment and includes:

Sexual Harassment Prevention Toolkit

With each new high-profile allegation of sexual harassment, we see with greater clarity that no agency can afford to put sexual harassment prevention on the back burner.

Recognizing that legally compliant policies and training are not even close to being sufficient to mitigate the risk of sexual harassment, we have developed a framework for a comprehensive sexual harassment prevention plan that can be tailored to fit your agency's unique needs. Our Sexual Harassment Prevention Toolkit includes the following:

A comprehensive outline for creating a sexual harassment strategy for your agency;
A model sexual harassment policy and/or review of your existing sexual harassment policy;
Sample Letter from leadership in Microsoft Word that sets forth your agency and leadership's commitment to addressing sexual harassment in the workplace that can be modified to meet your specific needs;
A sample "pulse" survey to send to employees that will help uncover underlying cultural biases.

Reasonable Accommodation Compliance Toolkit

The ADA and the laws of many states require an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty, hardship, or expense for the employer.

In general terms, these laws require an employer to engage in an interactive process with the employee who is requesting the accommodation and the employee's treating healthcare providers. Not surprisingly, that process has several legal pitfalls that must be avoided. The documents we provide under this service provide a roadmap for navigating that process:

A reasonable accommodation process flow-chart;
A letter to the employee acknowledging their request for accommodation;
A release for the employee to execute to permit the agency to seek information from their doctor;
A medical provider's cover letter;
A medical provider's questionnaire;
An undue hardship template;
A job abandonment letter (in cases where an employee on leave stops dialoging with the agency).

Pregnancy Non-Discrimination and Accommodation Compliance Toolkit

In 2023, two sweeping laws were enacted by the federal government: the Pregnant Workers Fairness Act ("PWFA") and the PUMP Act. These laws make it clear that discrimination based upon pregnancy, childbirth or related medical conditions is a form of illegal sex discrimination. Under the PUMP Act, an employer must provide breaks and private spaces for lactation. The PWFA expands the ADA definitions and goes beyond pregnancy. Along with the laws of many states, the federal laws require specific notices, policies, and posters. To make your workforce compliant, we have crafted the following fixed fee service:

Notices to be provided to employees in accordance with the new law;
A Pregnancy Accommodation Policy that can stand alone or be added to an existing employee handbook;
A Breastfeeding Accommodation Policy that can stand alone or be added to an existing employee handbook; and
A flow chart to navigate an employer's responsibility when an employee is pregnant, had a baby or requests an accommodation under the PWFA.

Protecting Personal Information Compliance Toolkit

Forty-nine states have their own data security regulations and require employers to take definitive action to protect personal information. Protecting confidential personal information is becoming more difficult with the increase in malware attacks. It is essential to comply with state and federal law before there is a breach of personal information. Data breaches can be a costly, reputation damaging event. Our Personal Information Security Toolkit includes the following:

Preparation of a comprehensive Written Information Security Plan;
A Written Information Security Plan Compliance Checklist;
Guidance on conducting your self-audit to identify where you store and maintain hard copies and electronic or digital versions of personal information;
Certification of training template;
Acknowledgement of receipt of the WISP template.

Onboarding and Best Employment Practices Templates

Every hire in a mission driven agency is significant. A structured, thoughtful approach to talent acquisition, onboarding and performance management — processes and forms that are both people-centered and legally sound — is among the highest-return investments a non-profit executive can make. This service includes the following:

A Model Employment Offer Letter;
A Model Job Description;
A Model Employment Application;
A Model Performance Management Program.

Employment Termination Risk Management and Compliance Templates

Federal law does not require employers to provide written notice confirming the decision to terminate an employee. Nevertheless, a well-written notice of termination is the most effective way to avoid risk and challenges related to the termination decision.

That documentation can serve as the basis for contesting an application for unemployment compensation benefits and/or the continuation of insurance benefits under COBRA. That documentation confirms the legitimate non-discriminatory performance/business-related basis for the termination and provides a consistent approach and practice helping to avoid claims of disparate treatment.

In some cases, it is prudent to offer a Separation and General Release Agreement in exchange for certain commitments from the former employee to tie off loose ends. This service includes the following:

A Notice of Termination template without reference to a Separation and General Release Agreement;
A Notice of Termination introducing the option to proceed under a Separation and General Release Agreement;
A Separation and General Release Agreement template;
An Off-Boarding Checklist.

Each template should be tailored to fit the facts of a particular termination and reflect your agency's approach and practice.

State-Specific Employment Law Compliance and HR-Related Risk Management Hot Topics, Compliance Obligations and Employment Law Updates

This service includes a Resource Document — State-Specific Hot Compliance Topics:

Paid Family Medical Leave, unpaid family medical leave, earned sick leave, both paid and unpaid;
Pay transparency, minimum salary thresholds for equal pay law compliance;
State-specific obligations for compensation payments when the employment relationship ends — final
payment, earned but unused vacation time;
Document retention schedules;
Marijuana-related laws; and
Remote worker expense reimbursement obligations.

QUARTERLY:

Quarterly updates via email;
Includes federal, state, county, municipal, and local laws;
Summaries of recent landmark court decisions within the state; and
Updates to federal law as well.

Additional monthly employment law compliance exclusive information — the leaders of each BBBS Agency will:

Receive the Firm's Monthly Employment Law Report via email; and
Have access to subscribe to the Firm's blog to receive more regular information about new developments, hot topics, and changes to any state-specific or federal employment law-related compliance obligation.

Service Option