Authored by: Seth T. Ford

Snapshot

 

The following list of questions will provide a snapshot of the more critical topics covered in this resource.  You can use this checklist to quickly determine whether 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 link to the discussion is provided for quick reference.

Yes

No

Do you keep all medical records separate from other personnel files?

Yes

No

Do you have all new hires complete I-9 forms and do you keep the I-9 forms for the required time period?

Yes

No

Do you retain for one year each employee’s: name, address, date of birth, occupation, rate of pay and compensation?

Yes

No

Do you know what questions you can’t ask job applicants, and which ones you should?

Yes

No

Do you check all job and personal references before hiring?

Yes

No

Do you have complete job descriptions which describe the essential and non-essential functions of each job, and do you update them periodically?

Yes

No

Do you know the difference between exempt and non-exempt employees?

Yes

No

Are your employees properly designated as exempt or non-exempt under the Fair Labor Standards Act (FLSA)?

Yes

No

Do you know how to determine whether someone is an employee or independent contractor?

Yes

No

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?

Yes

No

Do you pay required overtime compensation to non-exempt employees, which can include salaried employees?

Yes

No

Do you have a written sexual harassment policy, and are your employees aware of it?

Yes

No

Do you have a procedure for investigating employee complaints about harassment?

Yes

No

Do you have a procedure for investigating employee misconduct?

Yes

No

Do you test for drugs or alcohol in compliance with both Georgia and federal law?

Yes

No

Do you have a progressive discipline policy, and do your supervisors understand it and apply it consistently?

Yes

No

Are you aware of federal requirements regarding continuation of group health care coverage?

Yes

No

Do you have a plan for dealing with workplace violence?

Yes

No

Do you have a system for handling wage garnishment or income deduction orders?

Yes

No

Do you know if your employees are eligible for family and medical leave?

Yes

No

Do you have a system for sending out COBRA notices within the required time limits?

Yes

No

Does your workers’ compensation insurance carrier provide managed medical care as required by Georgia law?

Yes

No

Does your company have an electronic mail, Internet and other communications policy?

Yes

No

Does your company have a plan for complying with WARN in the case of a mass layoff or plant closing?

Yes

No

Do you know the procedure for reinstating a veteran after military leave?

Yes

No

Does your company have a method for evaluating employees’ performances?