Personnel(ly) Speaking

A Monthly Newsletter from

Personnel Management Systems, Inc.

December 2009

 

 

An End of the Year HR Checklist

 

HAPPY NEW YEAR!

 

Out with the old – in with the new.  This is a great time to conduct an HR check-up:

 

·        Job Descriptions are not legally required, but they are very valuable for recruitment, training, and performance evaluations.  In addition, they are critical in the evaluation of disability accommodation needs.

·        Personnel Forms including Employment Applications should all be reviewed for compliance.

·        Employee Handbooks should definitely be reviewed this year; 2009 was a banner year for policy changes at the federal and state level.

·        Personnel Files should be audited for compliance, paying particular attention to

·        I-9 forms.

·        E-Verify went into effect for government contractors.  Check your contracts to see if you need to use the E-Verify system.  If you do, you’ll need to register and submit your employees’ information.

·        Employment Posters will have to be updated for most employers in 2010.

·        Wage and Hour policies should be reviewed making sure employees are properly classified as Exempt or Non-Exempt; breaks are being properly administered; and permits are in place for minors.  With the changes in the workforce in 2009, many employees’ job duties have changed; their job descriptions need to change as well.

·        Employee Performance Reviews are a really good idea and will be appreciated by your staff.

·        Harassment Prevention Training for all managers, while required in some states, is certainly a “best practice” for all companies.

·        COBRA changed significantly this year, with new election periods and a federal subsidy.  And, it looks as if the rules will change again with possible extensions to both COBRA coverage and the COBRA subsidy.  Did you adapt your policies and procedures?

·        GINA (the Genetic Information Nondiscrimination Act) goes into effect this month.  While many employers will not be affected on a daily basis by this Act, it may affect policies and procedures related to benefits plans and wellness programs.   Have you reviewed this with your benefits broker?

·        Employee Safety is a concern for all employers.  Depending on the size and type of your company, you may need a Safety Committee, Accident Prevention program, Material Safety Data Sheets, CPR-trained employees, First-Aid kits, Personal Protective Equipment, Drug Testing, etc.

·        Grievance or Employee Complaint Procedures are not required but are a good idea if you want to avoid small issues turning into big (expensive) issues.

·        Leave of Absence Policies have become a source of confusion and should be reviewed by all companies.  Significant changes were seen this year in the following:

·        FMLA (Family Medical Leave Act) compliance should also be high on your list if you have more than 50 employees. Final regulations changed significantly in early 2009, and another update was signed by President Obama during November 2009.  Your forms and procedures should be changed accordingly.

·        Other Leaves of Absence were established on a state-by-state basis.  Are you informed and ready to implement these new leaves?  Military Leaves, Family Military Leaves, Domestic Violence Leaves.....

·        Affirmative Action Plans may be required if you do business with the federal government or are a sub-contractor to a company that does.

·        EEO-1 categories changed.   Have you updated your employee and applicant forms to gather the necessary information?

·        “Comp-time”, “working off the clock”, “no overtime”, “we are all salaried”, “everyone is an independent contractor” are terms used by companies that are often out of compliance with wage and hours laws.  With changes to jobs in 2009, you may need to reevaluate your compliance in this area.

·        Summary Plan Descriptions are most likely required for all your health and welfare plans.

·        Checking Employment References on New Hires and Conducting Background Checks may be required for some companies but certainly are a “best practice” for all companies.  FCRA rules must be followed for background checks (not just credit); are you sending pre-adverse and adverse action letters?

·        New Hire Reporting is required in most cases for all employers.

Get off to a good start with your employee practices. Give us a call if you need further assistance on these or any other Human Resource issue.

 

Personnel(ly) Speaking is a monthly comment on HR issues of importance.  It is intended to provide general information and must not be construed as legal advice.  Reproductions are allowed as long as credit for this information is given to PMSI.  We welcome your comments, questions, and concerns.  © PERSONNEL MANAGEMENT SYSTEMS, INC., Corporate Office, (425) 576-1900

www.hrpmsi.com.