HR Compliance Checklist: Everything You Need to Know
Creating a Human Resource Compliance Checklist serves many functions both internally and externally for both small and large businesses.4 min read
HR Compliance Checklist
Creating a Human Resource Compliance Checklist serves many functions both internally and externally for both small and large businesses.
Human Resource Compliance Checklist
Human Resource professionals typically use HR Compliance Checklists to prepare for an HR audit. Government agencies are required to have formal HR audits, but there are benefits for a business to conduct yearly audits. These benefits:
- Ensure the company implements best practices for their policies
- Help to create manuals for hiring and keeping employees helping them toward superior performance
- Enhance the business' reputation
- Makes sure the business systems are creating results
- Keep the business within the legalities of employment
Recruiting and Interviewing
The HR checklist should include information about recruiting and interviewing new employees. The checklist should include a review of the current application form and any internal job descriptions. The company should place special emphasis on handling of the Americans with Disabilities Act and the Federal Employment and Housing Act with regards to legal wording.
This checklist should also place emphasis on defining at-will employment. It should focus on interviewing procedures with regards to the specific questions and who conducts the interviews. Finally, the recruiting and interviewing section should review how the company checks references with regards to compliance with employment law.
Under hiring procedures, the checklist should check offer letters, contracts, and new-hire orientations. It should include a review of documents that are provided upon hiring with special emphasis on Title VII, which refers to discrimination against employees for religion, sex, race, national origin, or color as well as the Age Discrimination in Employment Act.
Policies and Procedures
The checklist should check the personnel handbook and the company's policies and procedures. A reassessment analysis helps to make sure that the company is following all state and federal laws about employment. Among those statutes include:
- Family Medical Leave
- Health Benefits
- Pregnancy disability benefits and leave
- COBRA and Unemployment benefits
When reviewing these policies, the HR checklist should also consider:
- Drug and Alcohol-free workplace specifications
- Rehabilitation services
- Equal pay
- Ergonomics issues
Verify that Occupational Safety and Health Act standards are being followed as well as any other safety issues in the workplace.
For any companies that use chemicals, the safety checklist should include approaches to chemical safety and hazard communications that are federally approved. It should also include a requirement to tour the physical environment to make sure there is an emphasis on the safety of employees and customers.
The employee handbook offers a guideline for all employees and should include all work issues. It is the fundamental document for employees concerning their employment and HR issues. The following policies should all be comprehensively addressed in the employee handbook.
The Equal Employment Opportunity policy should follow all federal, state, and local regulations. It should also be reviewed often. The dress code should address:
- Extreme hair color
- Distracting body piercings
- Scents and aromas that could bother employees or customers
Cellphone use policies may include:
- Talking or texting during work hours
- Phones set to vibrate
- Safety issues involving cell phones including talking or texting while driving
- Taking pictures during work hours
Similarly, an internet policy should be in place that addresses:
- Guidelines for composing emails
- Internet sites that employees should avoid
- Information about email policies and whether work emails are subject to review
The employee handbook should also define proper and inappropriate relationships at work. Finally, there should not be a policy that prohibits discussing salaries or benefits with other employees.
Along with an employee handbook, you should also have employee posters displayed prominently throughout the workplace. You should have at least six copies of all required posters according to Federal law.
Employers should create a social networking policy at work that includes the following:
- Social networking sites should be prohibited during working hours
- Employees posts are safeguarded concerted activity: even when they are judgmental of management
- Supervisors and managers should not check personal social media pages of employees
- Managers should be discouraged from "friending or following" employees
- NLRB regulations urge employers not to tell employees what they can or cannot post on social media
Sexual Harassment, Bullying, and Drugs
Your company should have annual sexual harassment training for all managers and employees. Your company should also take a hard stance against bullying. Bullying may happen in the workplace or in cyberspace and might be emotional or physical. The company should have a way for employees to anonymously report any type of bullying.
Furthermore, you should Implement a Drug-Free Workplace Program helping to lower workers' compensation premiums and prevent or resolve drug issues in the workplace.
Implementing a DISC program enables you to hire the best employees which measures whether applicants are:
- People oriented
- Detail oriented
- Hard driving Type A
The company should also send new hire reports to the state employment agency database.
Affirmative Action, EEO, and Veterans Checklist
If you have more than 50 employees and federal government contracts of at least $50,000, you are covered by Affirmative Action and must update your Affirmative Action plan annually.
As of 2017, you must file reports about EEO-1 and VETS 4212. EEO-1 reports are due March 31, 2018, which focuses on the need to include pay data in payroll information from W-2 forms. The Vietnam Era Veterans' Readjustment Assistance Act requires VETS 4212 reports by Sept. 30 every year. Companies are required to send this report if they fall into the following:
- The company has at least 100 employees
- The company has 50 employees and an Affirmative Action Plan
The company should offer management training focusing on the following concerns:
- Counseling and dismissing employees
- Performance appraisals
- Managing difficult employees
- Training in diversity and harassment
If you need help with an HR Compliance Checklist, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.