Snapshot

Yes    No

Do your employment application and your employee handbook contain a “disclaimer” statement of any promise of job security?

Yes    No

Do you know what drug-testing laws apply to your company?

Yes    No

Did you know to check your contracts with independent contractors against the tests used by the IRS to determine employment status?

Yes    No

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

Yes    No

Do you give medical examinations to applicants only after the employment offer and are they given to all applicants in the job category?

Yes    No

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

Yes    No

Do you pay required overtime compensation to nonexempt employees, which can include salaried employees?

Yes    No

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

Yes    No

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

Yes    No

Do you know if drug and alcohol abuse are considered disabilities under the ADA?

Yes    No

Do you know what “quid pro quo” sexual harassment is?

Yes    No

Do you know under what limited circumstances lie-detector tests are permissible?

Yes    No

Do you know what an I-9 form is?  Do you know what the employer’s responsibilities regarding this form are?

Yes    No

Do you know whether it is safe to ask, “Have you ever been arrested?” in an interview or on an application?

Yes    No

Do you know if it is safe to ask, “Are you a U.S. citizen?” in an interview or on an application?

Yes    No

Do you know if it is safe to ask, “What is your age?” in an interview or on an application?

Yes    No

Do you know if it is safe to ask, “Do you have any physical or mental conditions/disabilities which may affect your ability to perform the job applied for?” in an interview or on an application?

Yes    No

Do you know what “hostile environment” sexual harassment is?

Yes    No

Do you know if an employer can require job applicants to be screened for drugs?

Yes    No

Do you know if you have a written job description for all positions, and are the areas covered on each employee’s performance appraisal related to it?

Yes    No

Do you know if all applicants are completing company application forms?

Yes    No

Do you know if all interviews with applicants are conducted in a structured format?

Yes    No

Do you require new hires to sign an acknowledgment of their at-will status?

Yes    No

Do you know federal/state laws concerning employees who serve jury duty?

Yes    No

Do you know the employee’s federal right to notice of plant closings or large layoffs?

Yes    No

Does the company distribute a written employee handbook and written employment policies and procedures to its employees?

Yes    No

Does the company post applicable federal and state posters and notices regarding employment laws?

Yes    No

Does the company regularly audit its affirmative action policies and practices to ensure they are in compliance with OFCCP laws and regulations?

Yes    No

Does the company have a procedure whereby employees who are subjected to discipline or termination can file a complaint or grievance and appeal the disciplinary action to a higher management official or panel of officials?

Yes    No

Are terminated employees asked to sign a standard release or separation agreement?

Yes    No

Do you know what an employer is responsible for under the OSH Act?

Yes    No

Do you have a pandemic preparedness plan?

Yes    No

Are you considering the requirements of GINA when you request medical information related to ADA, FMLA, fitness for duty and other permissible requests for employee medical information?