The following list of questions will provide a snapshot for you to use in determining 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.” The topic number is provided for quick reference.
| YES | NO | Topic | |
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q | Have you posted all required employee notices in conspicuous places (EEO, employee rights, minimum wage, unemployment compensation, workers' compensation, child labor, etc.)? | Appendix B: Posting requirements |
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q | Do you keep all medical records separate from other personnel files? | Disabilities and reasonable accommodations |
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q | Do you have all new hires complete I-9 Forms and do you keep the I-9 Forms separate from supporting the documentation? | Recruiting and hiring |
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q | Do you retain employment records for as long as you should? | Appendix A: Recordkeeping requirements |
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q | Do you know what questions you cannot ask job applicants, and which ones you should? | Recruiting and hiring |
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q | Do you check all job and personal references before hiring? | Background checks |
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q | Are your employees properly designated as exempt or non-exempt under the Fair Labor Standards Act (FLSA)? | Wages and hours |
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q | Do you have an employee handbook? If so, is it regularly updated, and do you include a clear statement that employment is at-will and not guaranteed? | Policies and procedures manuals |
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q | Do you pay required overtime compensation to non-exempt employees, which can include salaried employees? | Wages and hours |
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q | Do you have a written unlawful harassment policy, and are your employees aware of it? | Policies and procedures manuals |
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q | Do you have a procedure for investigating employee complaints about harassment? | Workplace investigations |
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q | Do you test for drugs or alcohol in compliance with both Minnesota and federal law? | Recruiting and hiring |
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q | Do you have a progressive discipline policy, and do your supervisors understand it and apply it consistently? | Discipline |
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q | Are you aware of federal requirements regarding continuation of group health care coverage? | Health insurance continuation coverage |
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q | Do you have a plan for dealing with workplace injuries? | Safety and health |
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q | Do you know if your employees are eligible for family and medical leave? | Family and medical leave |
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q | Does your company have a plan for complying with WARN in the case of a mass layoff or plant closing? | Plant closings and mass layoffs |
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q | Does your company have a plan for coping with a natural or man-made disaster that interrupts operations? | Disaster planning |
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q | Do you know the procedure for reinstating a veteran after military leave? | Military leave |
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q | Do you provide workers' compensation insurance as required by Minnesota law? | Workers' compensation |
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q | Does your company have a policy regarding employee use of social media? | Social media |