| |
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Employment |
|
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| Discriminatory Hiring Practices (ads,
screening, interviewing, selection) |
|
 |
Fines, Penalties, and Lawsuits (Title VII,
Equal Pay Act, Age Discrimination in Employment Act, Title I and Title V
of ADA, WLAD) |
| |
|
| Out-of-date
Employment Application |
|
| |
Fines, Penalties, and INS
Violations (Title VII,
Equal Pay Act, Age Discrimination in Employment Act, Title I and Title V
of ADA, WLAD) |
| |
|
| No Interview
Skills Training |
|
| |
Increased Chance of Employee
Lawsuits for Discriminatory Hiring (Washington
Human Rights Commission Enforcement & Violation of
Federal & State Laws.) |
| |
|
| No
Structured New Employee Orientation |
|
| |
Confusion, High Turnover,
Incorrect Paperwork |
| |
|
| No New
Employee Reference Checks |
|
| |
Negligent Hiring, Fines, Lawsuits,
and Turnover Due to Poor Hiring Decisions |
| |
|
| Violation of
Drug Testing Requirements |
|
| |
Fines and Penalties (ADA, DOT
Regulations) |
| |
|
|
|
|
|
Group
Benefits |
|
|
|
| Inconsistent
Plan Administration |
|
| |
Fines, Penalties, Lawsuits, and
Disgruntled Employees (Discrimination, ERISA) |
| |
|
| Benefits
Paperwork Error |
|
| |
Fines, Penalties, Employee
Lawsuits, COBRA Violations (COBRA, HIPAA) |
| |
|
| SPDs Not
Distributed and Maintained |
|
| |
Fines (ERISA) |
| |
|
| Cost
Comparison and Poor Plan Design |
|
| |
Inadequate and/or Costly Coverage |
|
|
|
|
HR
Administration |
|
|
|
| Poor
Documentation (I-9’s etc.) in Employee Files;
Improper Disposal of Records |
|
| |
Fines, Penalties, Lawsuits,
Evidence of Discriminatory Practices (Federal and
State Discrimination Laws – IRCA, IIRIRA, RCW
19.215) |
| |
|
| No EE0-1
Annual Report |
|
| |
Fines, Penalties (Equal Employment
Opportunity Act of 1972) |
| |
|
| No
Affirmative Action Plans |
|
| |
Fines, Penalties, Loss of
Government Contracts – Prime and Subcontractors
(41CFR) |
| |
|
| Improper
Administration of Employee Leaves and Lack of
Accommodations for Disabilities |
|
| |
Fines, Penalties (FMLA, USERRA,
Washington Family Care Act, ADA, Workers’
Compensation, Maternity Leave, Jury Leave, Public
Contract Laws such as EO 11246; VEVRAA;
Rehabilitation Act) |
| |
|
| No
Employment Posters |
|
| |
Fines, Penalties |
| |
|
| Out-of-Date
Policies/Procedures/Handbook |
|
| |
Unintended Contract Formation
Limiting Employment “At Will”; Inconsistent Policy
Administration |
| |
|
| Poor
Workers’ Compensation Administration |
|
| |
Fines, Penalties, Lawsuits, and
Increased Experience Ratings |
| |
|
| Poor
Unemployment Insurance Administration |
|
| |
Fines, Penalties, Lawsuits, and
Increased Experience Ratings |
| |
|
| No Review of
Terminations |
|
| |
Fines, Penalties, Lawsuits (Title
VII, Equal Pay Act, Age Discrimination in
Employment Act, Title I and V of ADA, WLAD, State
Tort Laws) |
| |
|
| No Review of
Layoffs/RIFs |
|
| |
Fines, Penalties, Lawsuits (WARN
Act, Age Discrimination in Employment Act, COBRA,
ERISA, FMLA, OWBPA, NLRA, State Tort Laws, WLAD) |
| |
|
| No Employee
Performance Documentation |
|
| |
Unlawful Termination Lawsuits;
Lack of Employee Development; No Basis for
Compensation, Performance, Retention Decisions, (ADEA,
State Tort Laws, WLAD) |
|
|
|
|
Training |
|
|
|
| No Annual
Harassment/Retaliation Training |
|
| |
Increased Chance of Harassment or
Retaliation Claims; Loss of Affirmative Defense
Under Ellerth; Potential Individual Liability for
Managers |
| |
|
| No Interview
Skills Training |
|
| |
Increased Chance of Discrimination
Claims (Federal and State Discrimination Laws) |
| |
|
| No
Supervisory Training |
|
| |
Increased Chance of Lawsuits;
Increase in Employee Turnover; Poor Morale and
Productivity; Untrained Supervisors |
|
|
|
|
Wage and
Hour |
|
|
|
| No Minor
Work Permit |
|
| |
Fines and Penalties |
| |
|
| Poor
Exempt/Non-Exempt Classification; Improper
Independent Contractor Classification |
|
| |
Officer or Agent Individual
Liability; Class Actions, Back Pay Penalties and
Employee Lawsuits (FLSA, Washington Minimum Wage
Act) |
| |
|
| Poor Record
Maintenance |
|
| |
Fines and Penalties (FLSA,
Washington Minimum Wage Act, Washington Privacy
Act) |
| |
|
| No
Compensation Plan |
|
| |
Increased Chance for Employee
Lawsuits |
| |
|
| Poor
Compensatory Time Policies |
|
| |
Back Pay, Lawsuits (FLSA,
Washington Minimum Wage Act) |
| |
|
| Poor
Practices Regarding Rest Breaks and Lunch Breaks |
|
| |
Fines and Penalties (Washington
Minimum Wage Act) |
|
|
|
|
Employee
Investigation |
|
|
|
| Improper or
Ill-timed Employee Investigations |
|
| |
Increased Chance of Lawsuits, EEOC
Investigations/Fines, Violation of EEOC
Investigation Guidelines, Violation of State and
Federal Discrimination/Harassment |
|
|
|
|
Safety |
|
|
|
| No Accident
Prevention Plan |
|
| |
Fines, Penalties, and Lawsuits (WISHA
and OSHA Violations) |
| |
|
| No
CPR-Trained Employees |
|
| |
Fines, Penalties, and Lawsuits (WISHA
and OSHA Violations) |
| |
|
| No MSDS
Sheets |
|
| |
Fines, Penalties, and Lawsuits (WISHA
and OSHA Violations) |
| |
|
| No First Aid
Training and Equipment |
|
| |
Fines, Penalties, and Lawsuits (WISHA
and OSHA Violations) |
| |
|
| No OSHA 300
Posting and OSHA 100 Maintenance |
|
| |
Fines, Penalties, and Lawsuits (WISHA
and OSHA Violations) |
| |
|
| Unsafe
Workplace |
|
| |
Fine, Penalties and Lawsuits
(Management May Have Personal Liability If
Negligent; Increased Workers’ Compensation Claims
and Increased Costs to Employer) |
|
|
|
 |
|
|
 |
