Authored by: Julie A. Pace

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 reference is provided for quick reference.)

                                                                                                                                      

 

Yes  No

Do you know what oral statements by an employer must be in writing to be enforceable against the employer?
Yes No

Do you have an employee handbook?  If so, is it regularly updated, and do you include a clear statement that continued employment is not guaranteed?

Yes No

Is there any problem with relying on “word of mouth” to fill job vacancies?

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 check job and personal references before hiring?
Yes No

Do you know when it is useful to extend a new employee’s probationary period?
Yes No

Do you document the attitude, behavior and performance inadequacies of “problem employees”?

Yes No

Do you have a discipline policy, and do your supervisors understand it and apply it consistently?
Yes No

Should you have job descriptions?
Yes No

Do you know when a company can be sued for negligent retention or supervision of an employee?
Yes No

Do you need a lactation policy?
Yes No

Do you have to pay employees while they serve jury duty?
Yes No

Do you know what topics should be covered when training supervisors?
Yes No

Are whistleblowers protected under Arizona laws if they contact the news media about their employer?
Yes No

Can employers secretly tape record conversations with coworkers or managers?
Yes No

Is it usually preferable to terminate an employee for misconduct rather than for performance?
Yes No

Are all your termination decisions reviewed and approved by your company’s human resources department?
Yes No

If you want to prevent employees from suing you after their terminations, do you use legally-enforceable release agreements?
Yes No

Can you tell a company that a former employee was terminated based on inappropriate conduct?
Yes No

Are you required to pay employees for meal and break time?
Yes No

Do you treat on-call time as hours worked?
Yes No

Do you know the rules regarding employment of 15, 16, and 17-year-olds?
Yes No

Can a 16-year-old operate a lawn mower at a landscape company?
Yes No

Do you pay required overtime compensation to non-exempt

employees, which can include salaried employees?
Yes No

Have you followed the proper steps to enable you to withhold a portion of your employees’ wages?
Yes No

Do you have a system for sending out COBRA notices within the required time limits? 
Yes No

May you test employees for AIDS? 
Yes No

Does your health insurance plan or insurer have a system for sending out HIPAA notices of creditable coverage when coverage ends?
Yes No

Do you have to give Family and Medical Leave Act (FMLA) leave to every employee?
Yes No

Do you require an employee on FMLA to exhaust vacation and sick pay benefits?
Yes No

Can an employee take FMLA leave a little bit at a time?
Yes No

Do you retain FMLA records for as long as you should?
Yes No

Does the employee have the right to select                                                              a reasonable accommodation under the Americans with Disabilities Act (ADA)?
Yes No

Do you have to “bump” an existing employee from a position to accommodate a disabled employee under the ADA?
Yes No

Can you be found to have discriminated against women or minorities even if you have no intent to treat anyone unfairly?