The following list of questions provides a snapshot of the topics covered in this book. After you review this book, you should have the answers to each of these fundamental compliance questions. Although a “No” answer does not necessarily mean you are in violation of the law, you should understand why the answer is “No.” The answer to each question may be found in the listed Chapter reference.
YES | NO | Topic | |
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Do you post all the required federal and state posters? | Appendix A: Recordkeeping requirements | |
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Do you keep all medical records separate from other personnel files? | Personnel files | |
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Do you have all new hires complete a Form I-9? | Immigration | |
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Do you retain each employee’s: name, address, date of birth, occupation, rate of pay and compensation, for an entire year? | Appendix A: Recordkeeping requirements | |
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Do you know what questions you may and may not ask job applicants? | Recruiting and hiring | |
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Do you check all job and personal references before hiring? | Background checks | |
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Do you have complete job descriptions that describe the essential and nonessential functions of each job, and do you update them periodically? | Recruiting and hiring | |
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Are your employees properly designated as exempt or nonexempt under the Fair Labor Standards Act? | Wages and hours | |
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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 | |
Does your company have a social media policy? | The Internet and social media | ||
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Do you pay overtime compensation to non-exempt employees, including salaried employees? | Wages and hours | |
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Do you have a written sexual harassment policy, and are your employees aware of it? | Discrimination | |
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Do you have a procedure for investigating employee misconduct? | ||
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Do your drug and/or alcohol tests comply with both Massachusetts and federal law? | ||
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Do you have a progressive discipline policy, and do your supervisors understand it and apply it consistently? | Discipline | |
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Are you aware of federal requirements regarding continuation of group health insurance coverage? | Health insurance portability and accountability | |
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Do you have a plan for dealing with workplace violence? | Workplace violence | |
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Do you have a system for handling wage garnishment or income deduction orders? | Temporary and leased employees, interns and volunteers | |
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Do you know whether your employees are eligible for family and medical leave? | Family and medical leave | |
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Do you have a system for sending out COBRA notices within the required time limits? | Health insurance continuation | |
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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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Do you know the procedure for reinstating a veteran after military leave? | Military leave | |
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Does your company have a method for evaluating each employee’s performance? | Performance evaluations |