Increasing Quality and Gaining Confidence

As the scope of government regulations continues to increase, so does the burden of compliance. Compliance, unfortunately, is not a one-time event but an ongoing activity that must adjust dynamically to the nature of your business and mission-critical environmental factors. High quality data is key to meeting the mandates of compliance – you want to make sure your efforts are supported by accurate and reliable information.

Whether it be Sarbanes-Oxley, HIPAA, Systrust or other issues, Statera gives you the confidence you need to successfully manage your compliance initiatives. We help you uncover opportunities to leverage process documentation, minimize program implementation and ongoing operational costs associated with compliance. With our compliance experts you’ll maximize performance and maintain compliance with confidence.

Lilly Ledbetter Fair Pay Act was signed into law 01.29.2009 to clarify when discriminatory actions qualify as an “unlawful employment practice.”

The legislation states that unlawful conduct occurs “when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid...” It further states that people may receive back pay as compensation for discrimination that occurred up to two years preceding the filing of a charge.

Impacts:

• The new Fair Pay Act is retroactive to May 28, 2007 so a tight records management process going forward may not help you unless it focuses on prior records.
• Given that the bill could conceivably apply to any employment decision – for example, a transfer, failure-to-promote, or demotion decision – that tangentially involves or impacts pay*, keeping track of these decisions electronically will be extremely important.”
• According to Neal Mollen, a partner in the employment department at the Law Firm Paul Hastings and the attorney who represented the U.S. Chamber of Commerce during the Ledbetter case, employers:
  • That aren’t already keeping good records on pay for workers may want to start
  • Those that have a records management program in place need to review and revise to ensure records involving pay decisions, in particular the rationale, are reflected someplace and survive the manager that made the decision.
• Longer retention periods for HR pay records may become the norm.
• The full employment lifecycle generates records that may need to be tracked in comprehensive, secure, cost-efficient, and accessible ways. Impacted processes in the lifecycle include job requisition/approval, recruiting, hiring, performance management, pay, career development/movement, discipline and termination.

* Chuck Rice, WorkplaceHorizons.com

Solutions:

Statera’s Records Management Team can provide solutions to help you prepare your organization for the Lilly Ledbetter Fair Pay Act: mitigate your risk of retroactive liability, manage HR records across the employment lifecycle, and integrate all records repositories, whether based on documents, email, paper or HR and Payroll data. We can help you get started fast with accelerated solutions, no matter where you are today:

Features	Benefits
Records Management Strategic Planning	Assessment Workshops or Discovery engagement to identify current state of your employment processes and HR Records Management, including record identification, retention policies, legal hold procedures, supporting technology, and organizational readiness for Lilly. After identifying and prioritizing major gaps and associated risk, we assist with developing plans for improvement and developing an ROI model to help justify necessary investment.
Program Management	The impact of Lilly must be assessed and mitigated quickly and efficiently, while allowing you to focus on your core business. Our Program Management solutions help you keep track of all related projects, their status, key issues, risks and opportunities, dependencies and business value.
Legal Foundation	Our team can work with your designated legal experts or bring in one of our partners to assist you in developing or modifying retention policies, records identification procedures, legal hold and discovery processes to fulfill the requirements of the new legislation.
Design Solution	Statera’s balanced solutions integrate information technology, policy/process improvement, change enablement, and ongoing managed services to help you prepare for Lilly on all fronts. Statera has knowledge, experience and vendor partnerships to help you implement records management solutions, archive your email and communications, automate employment workflows, integrate HR/Payroll and other critical business applications, and manage related employee information across the enterprise with portals and content management platforms.
Enable Change	Statera’s Change Management consultants can help you assess the organization’s readiness to adapt to new policies, processes and technology. Solutions include customized training and communications program design and implementation.
Managed Services	Statera’s Managed Services solutions can help you maintain a cost-effective, legally defensible HR Records Management with infrastructure, maintenance, support and monitoring solutions to fit your budget, culture and risk profile.