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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Do you keep all medical records separate from other personnel files? |
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Do you post all posters required by Illinois and federal law? | Posting requirements | |
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Do you retain records for as long as required by law? | Record keeping requirements | |
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Do you have all new hires complete I-9 forms? | ||
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Do you know what questions you can’t ask job applicants |
Recruiting and hiring | |
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Are you familiar with the requirements for what should be included in a personnel file? |
Personnel files | |
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Do you have complete job descriptions that describe the essential and non-essential functions of each job, and do you update them periodically? |
Recruiting and hiring | |
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Do you check all job and personal references before hiring? | Background checks | |
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Are your employees properly designated as exempt or nonexempt under the Fair Labor Standards Act (FLSA)? | Wages and hours | |
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Do you have a written sexual harassment policy and are all employees aware of it? |
Workplace harassment | |
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Do you have an employee handbook? If so, is it regularly updated and does it include a clear statement that employment is at-will and not guaranteed? |
Policies and procedures manuals | |
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Do you have a procedure for investigating misconduct? | Workplace investigations | |
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Do you test for drugs or alcohol in compliance with both Illinois and federal law? |
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Do you have a progressive discipline policy and do supervisors understand it and apply it consistently? | Discipline | |
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Are you aware of federal requirements regarding continuation of group healthcare coverage? | Health insurance continuation coverage | |
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Do you have a plan for dealing with workplace violence? | Safety and health | |
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Do you have a procedure for investigating employee complaints about harassment? |
Workplace investigations | |
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Do you have a system for handling wage garnishment or income deduction orders? |
Wages and hours | |
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Do you know if 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 coverage | |
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Does your company provide a disclosure form prior to collecting fingerprints and get a signed acknowledgment that the employee/customer is aware of such practices? |
Protecting electronic information | |
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Does your company have a plan for complying with the Workers Adjustment and Retraining Notification Act (WARN) in the case of a mass layoff or plant closing? | Termination | |
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Do you know the procedure for reinstating a veteran after military leave? |
Military leave |