Authored by: Andrew Wampler

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, 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 Tennessee 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 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

Are your employees represented by a union? If not, are                       you prepared for a union campaign?
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 workers’ compensation insurance carrier provide managed medical care as required by Tennessee law?
Yes    No

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