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 second of a two (2) part article series regarding HR compliance.
Payroll, Timekeeping and Leave Management
- Track all time for onsite and remote employees, do not allow off-the-clock work
- Pay overtime to non-exempt employees
- Track FMLA and PTO separately and accurately
- Pay at or above the legal minimum wage (if state wage is different than federal, you must comply with the higher wage)
- Follow all state and local scheduling laws (predictive scheduling, fair work week, stable scheduling, etc.)
- Make sure managers understand compliance rules, how to avoid illegal conduct and how to prevent harassment
- Comply with laws for final paycheck and unused PTO
Employee classification
- Check that exempt employees meet the duties test
- Make sure independent contractors meet all requirements set out by the IRS (and state law)
Recordkeeping
- Keep for 3 years: Payroll records
- Keep for 2 years: Timesheets, piecework records, wage rate tables, work schedules, and record of additions to or deductions from paychecks
Retaliation
Employer retaliation is one of the most frequently filed charges with the EEOC. Retaliation is when an employer punishes an employee for a protected action. For example, whistleblowing or filing a complaint. Because it is so pervasive, scrutinize your policies.
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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