The Website and Blog of HR Author and Speaker Lori Kleiman

HR Legal Compliance – Everyone’s Nightmare!


All you have to do is turn on the news to hear about the latest lawsuit between an employee and an organization. We settle claims with the EEOC just because it’s easier then fighting them. But what a waste of organizational time, talent, and resources. Executives want to know that their HR house is in order – but how can they really have confidence that they are doing what needs to be done.

Here are 6 tips to ensure that your team has your back – or for HR professionals to use a quick checklist on compliance.

1) Review your employee handbook. Are you following the policies that are stated? Do your employee sign off that they have received and will abide by the policy? Have you added policies for GINA, FMLA, BOYD and other “new” requirements.

2) Provide annual Anti-harassment training. The courts continue to uphold the idea that employees need to be trained on what is, and is not, harassment. You should have a written policy that clearly defines who to report harassment to and that there will be no retaliation for valid reports.

3) Address technology. Do you have a policy about smart phones and tablets? Are you restricting web sites that are inappropriate in the workplace – not only relating to harassment, but job search sites such as monster and career builder? Do you have a way to store and search on email communication that is compliant with the electronic communication requirements? Have you implemented the NLRB guidelines on social media use?

4) Fair Labor Standards Act review. When was the last time you reviewed the exempt status of positions? Are your overtime policies being enforced according to law? Are you using independent contractors that might not be in compliance? For those in multiple locations, are all locations paying minimum wage properly?

5) Benefits changes. Have you kept up with the Affordable Care Act? Have you reviewed your offering to be sure your employees value the benefits offered? Is your time off policy working to provide the desired behaviors?

6) New laws for 2015. Many local and state laws will go into effect in 2015. These tend to focus on drug use, background/credit checks, and arrest record. Make sure you know what you have to comply with in January – it’s only a few weeks away!

These are just a few areas to consider in your HR function. For a full audit of the HR responsibility in your organization – download our complementary assessment checklist today!

Photo by Robyn Lee used under the following license.

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