Monthly Compliance Calendar Alert – Keep Your Company Compliant in May: Hiring Practices

Employment Law & HR Topics / By

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. 

*NEW: Monthly Compliance Calendar Consultations –A monthly webinar with a Compliance Consultant to guide you through HR compliance tasks and topics. Reach out to your dedicated HR Manager to find out how to register for the monthly Compliance Calendar Webinar!
  • Not applicable to HUB100 or GHR Hotline Clients

Holidays

  • Memorial Day – Last Monday in May

Important Dates and Deadlines for this Month

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.”

  • Have staffing needs changed?
  • Do you need to change benefits or pay to become more competitive?
  • 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.
  • Are there any specific recall/retention rights in your cities/states?
  • Review rehire/reinstate provisions for your benefits policies (eligibility/waiting periods).
  • Review I-9 process for in-house and remote employees.

2. Review Employee Applications for current laws. (Certain states have restrictions on requesting certain protected information). For clients with access to the Forms Library, references to this section can be found in the folders/documents:

See the documents:

3. 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”, and “Job Description.” Ask your dedicated HR Manager for assistance reviewing job descriptions and offer letters.

4.  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.

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” subfolders.

  • What types of questions are being asked? See sample questions in Forms Library > “Hiring” > “Interview” Folder.
  • What types of questions are certain employers prohibited from asking?

6. Audit the Company’s process for conducting Background Checks keeping in mind any State or local pre-employment screening restrictions or requirements. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” Click the “Background Check” > “State Specific Guidance” subfolder. See the documents: “Ban the Box Laws by State and Municipality” and “Credit Check Limitations by State and Municipality”.

  • Some positions require a background check (for example various states require mandatory background checks for positions of Law Enforcement, certain health professions, and positions involving the care of children, the elderly, or the disabled). Please be sure to check State/local law for mandatory background checks.
  • If conducting background checks yourself or through a third party you must be aware of any applicable laws at the Federal, State, or local levels. Be mindful of the required Fair Credit Reporting Act and State disclosures and authorizations. For example, California’s fair credit reporting statute also requires a separate, stand-alone disclosure, which cannot be combined with the FCRA disclosure.
  • Also, your Company must be aware of State/local laws for criminal history inquiries like ban the box laws and the adverse action process.

7. Review onboarding 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
  • Make sure all new hire paperwork is given, signed, returned, and sent to the appropriate agency or stored in the appropriate retention location.
  • Distribute the Employee Handbook, the Acknowledgement forms, Arbitration Agreements, Non-Compete Agreements, or any other contractual agreements, and 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 that 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. See available harassment training, we have State specific or USA general harassment training on GHR Website in Membership Services Box > “Online Training Library.”
  • 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.
  • Plan time for periodic check-in and training meetings for HR or managers to conduct with new hires making sure they are fitting into their new role and sorting out potential performance issues.

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7. 

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.