The Chamber Blog

Employment Law Check-Up

Following HR procedures for your employees is crucial. Here are some great tips from hrsimple.com

Work can get a little hectic sometimes. Running from here to there, meeting after meeting, stressing about a thousand different things - it helps to slow down every once in a while to take an inventory. Here are a few areas we think could benefit from a quick checkup. A few minutes of spot checking could save you a big mess down the line.

Job Descriptions:

As one of the earliest areas an employer can get themselves into trouble during the employment process, job descriptions need to follow a few rules to be effective. Make sure job descriptions are free of discriminatory language, which can be as innocent as something like "seeking a youthful candidate." Descriptions should also clearly and accurately represent all of the job's true responsibilities as they could be referenced during a potential future lawsuits.

Applications:

Similar to job descriptions, applications can get sticky for some employers. Making sure to stick to the necessary information is key.  Employment applications should also contain a statement that explains the employer does not discriminate. A simple "[Company] is an Equal Opportunity Employer" can cover a lot of issues.

Performance Reviews:

When it comes to reviewing employee performance two aspects are essential: documentation and clarity. Reviews are a great way to give employees helpful feedback, but make sure you are doing it consistently, otherwise the benefits may be lost. Reviews can also demonstrate a history of poor performance, which can give an employer some protection in employment-related lawsuits. So make sure you are you are being thorough and maintaining clear records.

Record keeping requirements:

Are you keeping the right things, in the right places, for the right amount of time? Different forms and information need to be kept for certain lengths of time during and after employment and sometimes in specific places, as well. Consult the record keeping requirements appendix in your Model Policies and Forms guide for federal and state-specific rules and regulations.

Posting requirements:

One way that employers are required to notify their employees of their rights is through employment law posters. In addition to the 6 federal posters, states require posters of their own on varying laws. Additionally, these posters change from time to time, often with little warning. Check the list below to make sure you are using the proper federal posters and check the posting requirements appendix in your Model Policies and Forms guide for state requirements. 

  • Labor Standards Act (FLSA): July 2009
  • Family and Medical Leave Act (FMLA): February 2013/li>
  • Job Safety & Health Protection (OSHA): No date, but the most current one has a QR code in the corner (a small black and white symbol)
  • Employee Polygraph Protection Act (EPPA): June 2012
  • Uniformed Services Employment and Reemployment Rights Act (USERRA): October 2008
  • Equal Employment Opportunity (EEOC): November 2009

Click here to order the brand new, all-in-one federal compliance poster from hrsimple.com.

Looking for more information?

Hrsimple rresources cover a wide range of employment law topics from state and federal employment law, best practice advice, policies, forms, documents and so much more.

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