The following list of questions will provide a snapshot of the more critical topics covered in this resource. You can use this checklist to determine quickly whether or not you are complying with fundamental employment laws and regulations. You should know the answer to every one of these questions. Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why the answer is “No.”
YES | NO | Topic | |
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Are medical records kept separate from other personnel files? | Recruiting and hiring | |
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Have all posters required by Colorado and federal law been posted in a prominent location? |
Posting Requirements | |
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Are employment records maintained as long as required by law? | Recruiting and hiring | |
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Is the I-9 on file the most recent, updated copy? | Immigration | |
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Do all new hires complete I-9 forms? | Recruiting and hiring | |
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Do all new hires get reported to the New Hire Reporting Program of the Colorado State Directory of New Hires? | Recruiting and hiring | |
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Is each applicant’s application for employment retained for one year from when a position was filled (or not filled)? | Recruiting and hiring | |
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Is each employee's personnel file retained for at least three years from when the employment ended? | Personnel files | |
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Are interviewers aware of what questions can and can't be asked of job applicants, and which ones should be? | Recruiting and hiring | |
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Are complete job descriptions that describe the essential and non-essential functions of each job available, and are they updated periodically? | Policies and procedures manuals | |
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Are employees properly designated as exempt or nonexempt under the Fair Labor Standards Act (FLSA)? | Wages and hour | |
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Is there an employee handbook? If so, is it regularly updated, and does it include a clear statement that employment is at-will and not guaranteed, and that the Handbook does not create an employment contract? | Policies and procedures manuals | |
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Is there a written sexual harassment policy, and are employees aware of it? | Workplace harassment | |
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Is there a procedure in place for investigating misconduct? | Workplace investigations | |
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Is drug or alcohol testing being done in compliance with the law? | Disabilities and reasonable accommodations | |
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Is there a progressive discipline policy, and do supervisors understand it and apply it consistently? | Discipline | |
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Are requirements regarding continuation of group healthcare coverage being followed? | Health insurance continuation coverage | |
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Is there a plan for dealing with workplace violence? | Safety and health | |
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Are procedures in place for investigating employee complaints about harassment? | Workplace investigations | |
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Are employees eligible for family and medical leave? | Family and medical leaves | |
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Is there a system for sending out COBRA notices within the required time limits? | Health insurance continuation coverage | |
Is there a policy for handling electronic mail, Internet, and other communications? | |||
Is there a plan for complying with the Workers Adjustment and Retraining Notification Act (WARN) in the case of a mass layoff or plant closing? |
Termination | ||
Are there procedures in place for reinstating a veteran after military leave? |
Military leave |