Monthly Compliance Calendar Alert – Keep Your Company Compliant in December: Preparing for the New Year

If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA.

That is why we put together the HR compliance calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.

In this month’s compliance calendar, you’ll find the key topics to keep your Company up-to-date including employee awareness and
required or recommended training. 

2. Labor Law Posters Audit (Order if necessary) For clients with access to the Forms Library, Federal, State and local requirements for required postings are found in the Hiring Folder > New Hire Packs and Documents subfolder by clicking on the applicable State. 

• Are your labor law posters current or are there new posters required for the new year?
• Contact Guardian HR to submit Labor Law Posters Order.

3. Update payroll for new wage rates and/or deductions and confirm payroll schedule for new year. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

• Verify employee wages, benefits, and deductions.
• Meet with your payroll team to discuss any changes like tax rates, any changes to employee’s withholding allowances and deductions (e.g., health insurance policy), and make sure to payroll reflects updates.
• Check State law for minimum wage rates and deduction laws.
• Check State law for payment of wages regulations and required notices. For clients with access to the Forms Library, see the charts, “Pay Statement and Pay Rate Notification Requirements by State” and “Pay Frequency and Lag Time Requirements by State and Municipality” in the folder “Compensation and Payroll” > “State Laws” > “Compensation and Payroll Information By State Spreadsheets”
• Check State law for paid leave payroll deductions. For clients with access to the Forms Library, see the chart, “Paid Leave by State” found in the folder, “Paid Family Leave (by State).”

4. Check the wage and benefit information for each employee to make sure the Company can account for all wages and benefits the Company has paid them throughout the year, leading up to the final paycheck. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

• Include all payments for commissions, bonus pay, reimbursements, or anything run outside of the normal payroll (e.g., retro pay).
• Include handwritten checks and make sure any voided paychecks are accurately recorded throughout the year.

Review any changes to minimum wage for upcoming 1/1/2024 date. For clients with access to the Forms Library, see the chart, “Minimum Wage Rates by State and Municipality” in the folder “Compensation & Payroll” > “Compensation and Payroll Information By State Spreadsheets”

Review any changes to the minimum salary threshold for upcoming 1/1/2024 date. For clients with access to the Forms Library, see the chart, “Minimum Salary Levels for Executive, Administrative and Professional Employees by State” in the folder “Exempt vs. Non-Exempt” in the subfolder “State Specific Guidance”

5. Issue any year-end bonuses, if applicable. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll > “Bonuses” subfolder.

6. Communicate compensation plans to all employees for upcoming year. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

• Provide effective dates, new classification, promotions, demotions or any other changes (if applicable) , etc.
• Check State law for required notices regarding any changes in pay.

7. Calculate your FTE number for ALE determination (50 full-time equivalent employees). For clients with access to the Forms Library, references to this section can be found in the folder, “Affordable Care Act (ACA) .”

• If an ALE: Prepare for ACA reporting requirements for new year. For clients with access to the Forms Library, references to this section can be found in the folder, “Affordable Care Act (ACA) .”

8.  Review New Hire Applications and be aware of expanding Ban the Box laws. The law prohibits employers from including the checkbox "Have you been convicted of a crime?" on job applications or soliciting certain information prior to offering a position. For clients with access to the Forms Library, see the chart, “Ban the Box Laws by State and Municipality” in the folder “Hiring” > “Background check.” For sample application forms, see the Folder, “Application Sample Forms” in the Hiring Folder.

9. Review Laws on Salary History Ban. More states, counties, and cities are enacting bans that prohibit employers from requiring an applicant’s wage history, as a part of the application process, and from retaliating against applicants who refuse to provide wage history. For clients with access to the Forms Library, see the chart, “Salary History Inquiry Restrictions by State and Municipality” in the folder “Hiring”

• Review your hiring process for new candidate applications, guidelines for interviewing, and reference check practices to ensure that you are complying with applicable local laws and regulations.

10. Review Laws on Pay Transparency. More states, counties, and cities are requiring employers to disclose wage information to job applicants, and in some instances, to current employees. For clients with access to the Forms Library, see the chart, “Salary History and Pay Transparency Laws by State and Municipality” in the folder “Compensation and Payroll” > “State Laws” > “Compensation and Payroll Information By State Spreadsheets”

• Consider conducting a privileged pay equity audit of their workforce and making related pay adjustments for any discrepancies as needed.
• Determine the salary ranges for all existing positions.
• Ensure that all job postings include the required pay scale information.
• Pay special attention to similar pay transparency laws currently in effect or that will soon take effect in other jurisdictions if they have multistate operations.
• Consider adopting a national policy addressing salary ranges to comport with the growing number of jurisdictions with pay transparency laws if they have multistate operations.
• Ensure any records maintenance policies are updated to comply with the law’s recordkeeping requirements.