If you’re 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’re equipped with the right information to keep everything on track year after year, from ACA to FLSA.
That’s why we put together the HR compliance calendar every year, to bring you an important list of dates and deadlines you need to know to help keep compliance on track for your workplace.
In this compliance calendar, you will find the key topics to keep your Company up-to-date and ready to take on the year like a pro including employee awareness and required or recommended training.
You may access answers to these questions, guidelines and examples in our comprehensive Forms Library, which is available complimentary to our clients 24/7, with the exception of Guardian HR Hotline Clients. Please log into your client portal at www.guardian-hr.com and click “Forms Library” from the left side bar menu. Guardian Hotline clients may feel free to reach out through our hotline service for assistance with these policies and topics.
Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators and/or your ERISA and tax advisors for further guidance.
Certain documents or forms provided by the IRS, or other sources were issued as drafts, or for the effective date at the time of publication. For the most current information, please check with a tax professional, benefit professional and/or the correlating websites. (i.e. irs.gov/LatestForms, etc.)”
KEY: * While Guardian HR is your specialist for HR and employment law related matters, tax-specific topics/requirements should always be verified and discussed with a tax professional and benefit-specific topics/requirements should always be verified and discussed with a benefits professional.
- Memorial Day – Last Monday in May
Important Dates and Deadlines for this Month
Upcoming deadlines to file/furnish certain tax documents listed below. IRS filing requirements change frequently. Please contact your tax specialist to ensure accuracy of filing requirements. In light of repercussions of COVID-19, the IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus. Please check https://www.irs.gov/coronavirus*
- File Form 941 for the first quarter if you timely deposited all required payments.
- File Form 8886-T (Disclosure by Tax-Exempt Entity Regarding Prohibited Tax Shelter Transaction)·
- File Form 8038, 8038-B, 8038-G, 8038-TC for bonds issued in Jan/Feb/Mar 2020
- File Form 5330 (Return of Excise Taxes related to Employee Benefit Plans)
- Employees are required to report to you tips of $20 or more earned during April.
Topics to Discuss and/or Review
1. Review and revise hiring practices and policies: For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring,” and in the “CORONAVIRUS” folder and subfolders, “Return to Work” and “LAYOFF FURLOUGHS RIF’S.”
- Have staffing needs changed?
- If you are recalling only some workers that were laid-off or furloughed, ensure your practices for determining who to recall do not discriminate against any group of employees.
- Update work travel policies in light of any new orders in your state and any new practices being implemented in the workplace to keep employees/customers safe.
- Do you need to change benefits or pay to become more competitive?
- Review rehire/reinstate provisions for your benefits policies (eligibility/waiting periods).
2. Review Employee Applications for current laws. (Certain states have restrictions on requesting certain protected information). Review and edit Offer Letters. Review Job Descriptions. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring,” and in the subfolders, “Offer”, “Job description.”
3. Discuss with appropriate management and implement strategies for Talent Acquisition and any updates to the recruitment process. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” click the “Talent Acquisition” subfolder.
4. Review applicant reference verification. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” and the “Termination” folder.
- How are references being checked?
- What information is being asked and/or provided. (There are certain laws in place of current and former employee reference verification and what information can be disseminated. Please check.)
5. Go through the Interview Process. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” and “Interview” subfolder as well as the “CORONAVIRUS” folder.
- What types of questions are being asked?
- What types of questions are certain employers prohibited from asking?
- Is the Company considering virtual interviews or committing to heightened social distancing practices during the interview process?
6. Audit the Company’s process for conducting Background Checks. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” click the “Background Check” subfolder.
7. Review on-boarding or new employee orientation process. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” and “New Hire Packs & Documents.”
- Go through New Hire Checklist
- Is Company considering virtual onboarding to maintain social distancing if the Company has any required training during onboarding process?
– if so, look into teleworking agreements, and business expense reimbursement if employees are required to use their personal resources for business purposes for your State. For clients with access to the Forms Library, references to this section can be found in the folder, “CORONAVIRUS” ,“Telecommuting & Working Remotely” and the “Compensation and Payroll” folder in the “Reimbursement” subfolder.”
- Make sure all new hire paperwork is given, signed, returned, and sent to the appropriate agency or stored in the appropriate retention location.
- Distribute Employee Handbook, the Acknowledgement forms, Arbitration Agreements, Non-Compete Agreements or any other contractual agreements, allow new hire time to read it in its entirety and sign and return acknowledgments and/or contractual agreements.
- Distribute any required notices.
- Confirm that all W-4s are sent to the IRS and new hires are reported in a timely matter.
- Ensure new employee training is scheduled including any discrimination or harassment training, and general work policies, rules, and job duties.
- Confirm the Company’s Introductory Period. (i.e. 30, 60, 90 days) and whether employees are entitled to certain voluntary benefits (vacation, holiday pay, health plans, life insurance, etc.) , or paid/unpaid sick leave.
8. For employees returning back to work after COVID-19: For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring,” and in the “CORONAVIRUS” folder and subfolders, “FFCRA – Families First Coronavirus Response Act”, “Return to Work” and “Safety – Communicable Diseases, Social Distancing, Safety Precautions etc.”
- Post the Families First Coronavirus Response Act (FFCRA) poster in a visible place. Where employees will remain working from home, send by email or post to Company intraweb or employee website.
- Explain company policies and procedures related to illness, cleaning and disinfecting, and work meetings and travel.
- Educate employees on how to reduce the spread of COVID-19 at home and at work (follow Centers for Disease Control and Prevention recommendations).
- For employees returning to a worksite, make sure they understand what’s expected of them in the workplace. For example, must they wear face masks or face coverings? Will protective items and hand sanitizer be provided? Are workplace hours different? Will you be taking employees’ temperatures each day when they arrive? Is teleworking or staggered shift work allowed/encouraged?
- Ensure that all employees who are currently ill or have contact with an ill family member stay home (follow CDC recommendations for length of time).
- If an employee becomes sick at work, send them home.
- Promote safe social distancing in the workplace by encouraging employees to:
- Remain at least 6 feet away from each other.
- Email, message, call, or video call rather than meeting face to face.
- Clean computer equipment, desktops, phones, and workstations often.
- Provide hand sanitizer, cleaning supplies, and face masks or face coverings (where appropriate/ necessary) and no-touch disposal receptacles.
- Discourage handshaking.
- Place posters throughout the business to encourage social distancing and hand hygiene.
- Be aware of any local public health or other orders related to COVID-19 that may affect your business.
- Ensure your workplace cleaning company is up to date on current methods of safely removing COVID-19 hazards.
- Communicate frequently and as transparently as possible with employees:
- Provide expected timelines for recalling/rehiring employees.
- Provide returning employees with recall or offer letters.
- Train managers on dealing with employees that may face increased personal challenges during this time, such as bereavement and loss, childcare and school-cancellation challenges, financial stress, and other dependent care and support needs.
- Offer flexibility wherever possible and adjust workloads to be reasonable.
- Be prepared to quickly investigate and stop discriminatory speech or acts in the workplace.
- Consider contracting with an employee assistance program (EAP) if you do not currently have one.
- Designate a workplace coordinator who will be responsible for COVID-19 issues and their impact at the workplace.
- Develop a plan to operate if absenteeism spikes or if another shelter-in-place or stay at home order occurs in the future:
- Implement a plan to continue essential business functions.
- Implement flexible work schedules and leave policies.
- Cross-train employees on performing essential business functions.
- Develop emergency communications plans, including a way to answer workers’ concerns.
- Communicate your appreciation and welcome employees back to work.