The mandates of HR compliance have changed dramatically over the last couple of years. With ever changing employment law guidelines, compliance is no longer an option.
Below is a list of items that every employer should consider as we move into 2024. The list below is the first of a two (2) part article series regarding HR compliance.
Recruiting and Hiring
• Use templates for non-discriminatory job descriptions, interview scripts and standardized candidate scorecards
• Follow state law guidelines regarding questions that involve a candidates previous salary or criminal record
• Don’t ask questions regarding marital status, religion, sexual preference or citizenship
• Be aware that asking adult candidates their birthdate, age, or year of graduation could put and employee at risk of an age discrimination challenge
• Keep all application forms and interview evaluations to document reasons for hiring or rejecting a candidate in case of an EEOC investigation
• Provide equal compensation for equal work (regardless of internal job descriptions) and ensure pay practices are compliant with state and federal law
• Check your state department of labor for laws on background checks
Employee Onboarding and HR Management
• Obtain complete, signed I-9 and tax forms before new employees start working
• Obtain written consent from the employee if you do a credit check or background check as part of the hiring process
• Follow privacy laws and data security best practices for personnel files
• Keep your employee handbook and workplace posters up to date
HR compliance is very complicated and a potential trap for the unwary. Employers should consult with an employment law attorney in order to ensure compliance and avoid a potentially costly mistake.
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Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.
As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.
