The Hiring Process
– Accurate job description developed for all positions
– Job application submitted with required forms (background check, reference check, credit check release, sometimes an employment verification is required)
– Is your job application compliant with the law?
– Completed reference checks
– I-9 forms completed with proper identification
– Important medical information and emergency contacts gathered and filed
– Proper identification of independent contractors
– W-4 forms completed and submitted to the IRS
– Personnel files kept (and kept current)
New Employees
– Employee Manual – specific to your workplace
– Workplace policies (enforceable) Workplace culture
– Employee orientation
– Employee training
Wages & Hours
– Employees correctly categorizes as exempt or nonexempt (FLSA – Fair Labor Standards Act)
– Pay structure outlined & compensation plan communicated
– Overtime pay for non-exempt employees (1.5 x hourly wage)
– Method of recording time
– Paid time off (vacations and holidays) structure
– Payroll withholding performed accurately
Benefits
– Benefits administrator
– Summary plan descriptions provided to plan participants
– Health care plan information kept private and secure
– COBRA (Consolidated Omnibus Budget Reconciliation Act) notices provided
– FMLA (Family & Medical leave Act) – up to 12 weeks leave
– ERISA (Employee Retirement Income Security Act) compliance
– Supervisors and managers trained to report more than three days absence to HR for FMLA purposes
– Form 5500s completed and reported
Employee Relations
– Performance evaluation structure and schedule
– Quality and quantity of work evaluated
– Is performance related to compensation?
– Flexible workplace policies?
– Disciplinary action for violating policies and procedures
– Process for employee complaints
– Whistleblower policy in effect?
Safety & Security
– Procedure for reporting safety hazards Prompt reporting
– Employee suggestions to reduce/ eliminate risk
– Measures to keep unauthorized people from entering a specified area
– Appropriate lighting indoors and outdoors
– Measures to prevent intruders from entering
– OSHA compliance
Employee Separation
– Exit interview process
– Separation and COBRA notices provided on time
Final paychecks provided on time
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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