We understand the complex and ever-evolving landscape of human resources compliance can be tough to stay on top of. Regulations change, new laws emerge, and critical compliance needs can often be overlooked, inadvertently putting businesses at risk. Fortunately, you have a partner to help! At Lynn HR, we stay up-to-date with recent changes to support you in keeping your company compliant.
Working with a variety of different organizations, we’ve noticed some trends in most-missed compliance needs. Our team has pulled these together as a checklist to use as a handy resource.
Navigate to the bottom of this blog to download your own printable, clickable checklist!
Is your organization compliant in these areas?
I-9 Form and E-Verify Compliance:
Ensure you are using the new November 1, 2023 form and completing correctly.
Ensure proper retention of I-9 forms.
Implement E-Verify for remote employees and verify their eligibility to work in the United States.
Multi-State Handbook Compliance:
Review and update the employee handbook to include all state-specific requirements for each location where your company has employees.
Ensure your handbook reflects recent changes in employment laws and regulations.
Properly classify workers as either employees or independent contractors to avoid misclassification issues.
Be aware of the criteria for determining 1099 vs. W-2 employees and comply accordingly.
State Labor Posters:
Display the required labor law posters in each state where you have employees.
Stay informed about changes in poster requirements and update them accordingly.
Electronic Documentation for Remote Employees:
Ensure that all necessary HR documentation is available electronically and is easily accessible for remote employees.
Implement secure document storage and sharing solutions to protect sensitive employee information.
Consider adding salary or pay range information to job postings to enhance transparency.
Ensure that job postings are clear and compliant with local and federal regulations regarding compensation disclosure.
Did you know that the NLRA applies to all employers, not just employers with a union. This means you can not prohibit your employees from talking about their pay or working conditions.
Exempt and Non-Exempt Employee Classification:
Review employee roles to determine if they are classified as exempt or non-exempt as per Fair Labor Standards Act (FLSA) guidelines.
Update classifications, especially in your payroll system, as necessary and stay current with FLSA regulations.
Tracking Non-Exempt Employees' Hours:
Implement a time-tracking system for non-exempt employees to accurately record their hours worked.
Ensure that employees are aware of the timekeeping system and how to use it.
Consider actual time worked instead of rounding, new cases in the courts are finding rounding to be against the FLSA rules.
Meal Breaks Compliance:
Confirm that non-exempt employees receive uninterrupted meal breaks as mandated by labor laws.
Address any scheduling or staffing issues that may affect the ability to provide required breaks.
Ensure that your company complies with the Americans with Disabilities Act (ADA) by providing reasonable accommodations to qualified employees with disabilities.
OSHA and Workplace Safety:
Maintain a safe workplace by adhering to Occupational Safety and Health Administration (OSHA) regulations.
Conduct regular safety audits and training for employees.
Family and Medical Leave Act (FMLA) Compliance:
Comply with FMLA regulations by providing eligible employees with protected leave for qualifying medical and family reasons.
Equal Employment Opportunity (EEO) Compliance:
Implement non-discriminatory hiring, promotion, and compensation practices.
Monitor diversity and inclusion efforts and address any disparities.
Wage and Hour Compliance:
Regularly review and update wage and hour practices to align with federal and state laws.
Ensure compliance with minimum wage, overtime, and other wage-related regulations.
Termination and Layoff Procedures:
Establish clear procedures for employee terminations and layoffs, adhering to local and federal regulations.
Ensure that documentation and communication are handled in accordance with the law.
Data Privacy and Security:
Protect employee data by implementing appropriate security measures and complying with data protection regulations.
Develop and communicate policies that protect employees who report unethical or illegal behavior within the company.
Diversity and Inclusion Initiatives:
Implement and promote diversity and inclusion programs and policies to foster an inclusive work environment.
Employee Records Retention:
Ensure that employee records are retained for the required period as specified by federal and state laws.
Implement secure storage and disposal practices for sensitive employee data.
Compliance isn't just about ticking boxes; it's about safeguarding your organization, supporting your employees, and ensuring your HR practices align with the law. Staying informed, proactive, and committed to best practices is the key to a secure, successful, and thriving workplace.
Do you need support in any of the areas mentioned in our checklist? Our team is here to help. Contact us today to review your compliance needs: info@LynnHRConsulting.com.
Lynn HR Consulting is a women-owned and operated business that offers a suite of comprehensive Human Resources services. Our services are tailored to meet the unique needs of start-ups, small to medium-sized businesses, and large corporations. Discover more about Lynn HR and meet our dedicated team HERE.