Personnel(ly) Speaking
Personnel Management Systems, Inc.
Make Your List – And Check It Twice:
HR “To-Do’s” in 2011
The beginning of a new year is a great time to do some HR housekeeping. Does your organization need to take some action in these areas?
o Payroll tax deductions will likely need to be adjusted based on proposed Congressional action.
o 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.
o Personnel Forms including Employment Applications should be reviewed for compliance.
o Employee Handbooks should be reviewed every year to make sure they keep up with the ever changing policies on both a state and federal level.
o Personnel Files should be audited for compliance, paying particular attention to I-9 forms.
o 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.
o Employment Posters will have to be updated for most employers.
o 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. The Department of Labor (DOL) continues to focus on enforcement of the wage and hour laws and includes an additional $25 million and 100 additional enforcement personnel in their 2011 budget to target misclassifications!
o Employee Performance Reviews are a really good idea and will be appreciated by your staff.
o Harassment Prevention Training for all managers is required by law in some states and is certainly a “best practice” for all companies.
o COBRA procedures are complicated and should be reviewed every year for compliance.
o 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 (MSDS), CPR-trained employees, First-Aid kits, Personal Protective Equipment, and Drug Testing. Federal Rebuilding Worker Protection Programs have been allotted an additional $67 million in 2011, a portion of which is dedicated to the enforcement of worker protection laws.
o Grievance or Employee Complaint Procedures are a good idea if you want to avoid small issues turning into big (expensive) issues.
o Leave of Absence Policies have become a source of confusion and should be reviewed by all companies.
o FMLA (Family Medical Leave Act) compliance should also be high on your list if you have more than 50 employees.
o Other Leaves of Absence were established on a state-by-state basis. Are you informed and ready to implement Military Leaves, Family Military Leaves, Domestic Violence Leaves.....
o Affirmative Action Plans may be required if you do business with the federal government or are a sub-contractor to a company that does.
o “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. DOL audits are on the rise and the IRS has committed to paying special attention to the misclassifications of independent contractors this next year.
o Summary Plan Descriptions are most likely required for all your health and welfare plans and should be updated this year to account for healthcare reform changes.
o 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?
o New Hire Reporting is required in most cases for all employers.
o Form W-11 is new this year. The Hire Act created two new tax benefits designed to encourage employers to hire and retain new workers. Check with your tax advisor regarding eligibility.
o Section 125 Plans, used by many employers to allow employers to pay for certain expenses on a pretax basis, have undergone changes. Check with your broker or Third Party Administrator (TPA).
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