How do I know if I am HR compliant?
- HR compliance begins with an assessment of all HR policies, practices and procedures to determine areas which may be out of compliance.
- The assessment may be done in house or with external assistance. A complete HR assessment requires working knowledge of employment law, both state and federal.
- Some of the most important employment laws relate to non-discrimination. No practice, policy, or procedure should result in a discriminatory action. Discrimination may be obvious and intentional, or subtle and unintentional All forms of discrimination based on race, sex, age, disability, gender, national origin or religion are illegal. All companies are required to have a policy on harassment, sexual harassment or sexual misconduct.
- The policy defines ways in which a complaint may be lodged, usually with more than one reporting choice. Policies dealing with harassment, sexual misconduct and non discrimination should spell out steps regarding a prompt legal investigation of the complaint.
- The employee filing the complaint must be protected from retaliation.
- Leadership should take appropriate corrective action based upon the findings of the investigation.
- Wage and hour laws have been in place since the great depression. Areas of interest to Wage and Hour Investigators are:
- Proper classification of employees as exempt (salary) or non-exempt (hourly)
- Proper payment of overtime after 40 worked hours
- Adequate pay records to document overtime payments
- Child labor restrictions
- Posting of required signs
- OSHA regulations deal with safety and security requirements, and reporting of workplace injuries and illnesses.
- Americans with disabilities act requires assessment for the provision of reasonable accommodations for qualified applicants or employees with a disability.
- Other legal compliance requirements include:
- Family and Medical Leave Act
- Equal Pay Act
- Age Discrimination and Employment Act
