Authored by: Jeffrey Pasek

Snapshot

 

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 page number is provided for quick reference.

 

Yes    No

 

Have you posted all required employee notices in conspicuous places (EEO, employee rights, minimum wage, unemployment compensation, workers’ compensation, child labor, etc.)?

 

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 separate from supporting documentation?

 

Yes    No

 

Do you retain employment records for as long as you should?

 

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

 

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

 

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 unlawful 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 test for drugs or alcohol in compliance with both Pennsylvania 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

Does your company need an affirmative action policy?

Yes    No

 

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

 

Yes    No

 

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

 

Yes    No

 

Does your company have a plan for coping with a natural or man-made disaster that interrupts operations?

 

Yes    No

 

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

 

Yes    No

Do you provide a panel of physicians for initial treatment of employee   injuries as permitted by the workers’ compensation law?

Yes    No

 

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