Compliance Consulting Firms - Expert Witness Services
What We Do


Mark Knuckles Associates, Inc. has several specialties that we provide for employers. Along with general HR compliance, MKAI is an authority in the following areas:

Expert Witness, Wage Hour and FLSA Specialists

Our experience and depth can give our clients the most comprehensive knowledge and analysis of wage hour law and practices available. Accomplished specialists with backgrounds in enforcement and over 90 years of consulting experience combined, MKAI consultants are qualified experts. If you are legal counsel and need FLSA expert witness assistance please call the office to expedite your request.

Salary Exemptions, Salary Determinations

Working with Private Employers, Schools, Non-Profits, Churches, Cities, Counties, Law, EMS, & Fire, the consultants are authorities on the FLSA and will help your organization make the changes you need for compliance with the FLSA revision. Technical assistance on your Job Descriptions - Exemption Determinations and Defense, New Policies, Payroll, Overtime, and Recordkeeping requirements.

DOL Investigation Defense - Assisting Employers

How to Lawfully Reduce Your Back Wage Assessment - You Will Pay For What You Don't Know. Don't pay or agree to ANYTHING until you call the office. Call as soon as you know an investigator is coming. We can get the investigator to come when we will be there to assist you. Assisting hundreds of employers-- before, during and after DOL and other agency investigations. Protect yourself and your organization, do not go through any investigations without representation. Contact us.

Commensurate Wages, WH-226 Reviews

Are you ready to change the way you think about Commensurate Wages. Attend our training seminars to learn how to revolutionize your program, save money on contracts, manage personnel and consumers and most importantly - achieve compliance!

Time Study and Hourly Rating Consultation & Wage Hour Compliance Audits for Organizations with Special Minimum Wage Certificates, Wh-226. Compliance Reviews at your facility to give direct insight to your potential liabilities and how to begin eliminating liabilities. Get into compliance and out of the grip of the DOL, start with a Compliance Review from MKAI. Reviews cover: Time Studies, Hourly Ratings, Prevailing Wage Surveys, Section 14c Documentation Requirements, Payroll and Personnel Records, FMLA concerns, Staff and Employee Exemption Determinations - and more. Part 525 Commensurate Wage Requirements.

Calculating and Paying Overtime - Compliance Issues

Overtime and FLSA concerns can create liability every day. We evaluate your specific cases and help get you into compliance. How to calculate and pay overtime for part time/full time/ flextime employees; Police Officers/Firefighters/EMS; City and County Government Employees. Sleep time agreements and on-call agreements. Contact us.

ADA Assistance For Employers

Employer assistance with reasonable accommodation, Definition of Disability, Discrimination Charges, ADA Compliance Guidance, EEOC Guidance. Complying with the Americans With Disabilities Act, ADA.

Workers Compensation - FMLA - ADA and how to comply with all three:

The "BERMUDA TRIANGLE" - ADA - FMLA - Workers Compensation Managing the "Bermuda Triangle" - Dealing with the Injured Employee and the Workers' Comp, FMLA and ADA Laws

Privacy Officer Job Descriptions, New Comprehensive Training for Organizations Providing Residential and Other Services to Persons With Disabilities, Such As Group Homes, ICF-MRs, DDA Homes, CRPs, Work Activity Centers, Rehabilitation Programs, Community Rehabilitation Centers On the New Requirements for Protecting "PHI", Protected Health Information. Call the office at 828-328-9241 to schedule your HIPAA compliance assessment.

Family and Medical Leave Act, FMLA

FMLA is Not Leave! Find out why. FMLA is not an option, get into compliance today.

Employer Notice Requirements for FMLA Absences, Supervisor Responsibility under the FMLA, Recordkeeping Requirements with the FMLA, Avoiding Unwanted Rehires with the FMLA and law changes.
  • Human Resource Management and the EEO Laws
  • Dealing with Problem Staff, Progressive Discipline and Documentation
  • Lawful Termination of an Employee
  • Dealing with Diversity in the Workplace
  • Managing Employees with Health/Medical Limitations
  • Complying with the Americans With Disabilities Act, ADA
  • Developing and Managing Leave Benefits for On-Duty Sleep Time Staff
  • Dealing With and Preparing for Workplace Violence
  • Avoiding Sexual Harassment Claims, Avoiding Other Unlawful Harassment Claims, How to Respond to a Sexual or Other Harassment Complaint to Avoid Litigation
Complying with the Uniform Services Employment and Re-employment Rights Act, USERRA. Contact us.

Compliance with the FLSA - Fair Labor Standards Act

The Fair Labor Standards Act and what you need to know and do.

City and County Governments and the FLSA. Public agency compliance with the FLSA. Police and Sheriff's Departments, Fire, EMS, and all local government employee management issues.

Who Is an Employee Under the FLSA - Contractor, Students, Trainees, or Employees? Child Labor Restrictions, Setting Up and Managing Lawful On-duty Sleep Time Schedules. - FLSA Compliance/Liability Audits

What is Compensable Time - Training Time, Meetings, Volunteers, Travel Time? Managing Comp Time. - Compliance Assessments, Overtime, Hours Worked, Salaries, On-call Time, On-call Pay, Comp Time Rules, Substitution, Dual Employment, Child Labor, Etc.

Who is Salaried Exempt? Protecting Your Exemptions! How to Keep Your Social Workers Exempt!

Two Employers Can Be One Under "Joint Employment"

Affirmative Action Plans & Consultation

Is your Affirmative Action Plan (AAP) up to date? Do you need one? Do you know if you need one?

Executive Order 11246 requires that certain Employers develop and maintain an AAP. They can also be mandated as part of a judgment or conciliation following an investigation concerning discrimination. An AAP is a management tool designed to ensure equal employment opportunity. It is a Diagnostic component which includes analysis to compare the workforce to what is available in the recruiting area and establish goals. It is an Action-oriented program that addresses underutilization of minorities and women. Contact us for assistance with Affirmative Action Plans.

Prevailing Wage Determinations and Prevailing Wage Survey Reviews.

Get your prevailing wage survey and documentation methods into compliance. Don't "throw out" that high rate! It could make you liable! Three does not make a survey! Put the phone down! Telephone surveys put you at risk! We have the training, methods, and forms you need to begin eliminating your back wage liabilities and getting your Prevailing Wages into compliance. We can help you survey for your prevailing rates in your area!

Employee or Independent Contractor?

The designation alone does not mean they are independent contractors and you may be liable. MKAI can examine your workforce and help you assess your risks. Whether an individual is an "employee" or "contractor" under the various labor and tax laws, depends on all the circumstances of the relationship, not just one element or the declaration of the parties. The relationship between the parties, the "economic reality" and the "usual path" determine the status of employee or contractor. We can tell you who is and is not an independent contractor and why. Contact us.

Employee Handbook & Personnel Policy Manuals & Specific Policies

Are your Personnel Policies and Employee Handbooks compliant and up-to-date? We can review your current policies and recommend policies you need. We can construct entire manuals that are compliant with workplace regulations. We will review your current Manual for compliance and assist in writing any policies needed.

Executive and Senior Management Coaching

Making decisions as an executive in today's workplace requires the greatest depth of knowledge you can reach. MKAI can counsel your firm through management changes, investigations, RIFs, new program development and Public to Private Transitions. Manage your staff and employees with over 22 years of workplace compliance experience for your every need: Hiring, Firing, Policy Changes, Reduction In Force, Behavior and Violence Issues, progressive discipline, harassment, overtime, and more. Get the compliance guidance you need to manage your workforce professionally. Contact us.


Other Specialties:

  • Section 14(c) Special Minimum Wage Certificate Application Preparation, Review and Defense
  • Government Employee Exemptions - Comp Time, Substitution Time, Volunteers
  • Group homes, ICF/MR, Residential Programs with or w/o On-duty Sleep Time Staff
  • Work Place Law Compliance/litigation Risk Assessment, FLSA, ADA, EEO, FMLA
  • FLSA Back Wage Defense Strategy and Assistance During Wage Hour Investigations
  • Development and Compliance of Pay and Payroll Procedures
  • Civil Rights Act Title VII Compliance, ADA, ADEA - Hiring, Discipline, Discharge
  • Defending Against Charges of Discrimination under Title VII, ADA, ADEA, FMLA
  • Americans With Disabilities Act, ADA, Reasonable Accommodation Issues
  • Managing Difficult Employees - Progressive Discipline
  • Problem Employee Strategy - Lawful Discharge Strategy
  • Managing Injured Employees with “Indefinite” Light Duty
  • Lawful Interviewing/Applications/Medical Inquiries
  • Substance Abuse Polices and Testing Policies
  • Workplace/Employee Conduct Investigations - and FCRA Compliance, i.e., Alleged Harassment
  • Veteran’s Re-employment Rights and Protections, USERRA
  • Workplace Violence Training and Policy Development
  • Sexual Harassment, Other Unlawful Harassment Avoidance Training and Policy Development - Sexual and Unlawful Harassment Investigations and Charge Defense
  • Performance Evaluation Methods and Training
If you have any questions or would like more information, please contact us at 828-328-9241.