Three tips for spring cleaning for employers

When it comes to preventive maintenance, employers can certainly refer to Joan Rivers, who once said, "I hate housework. You make the beds, you wash the dishes, and six months later you have to start over. To make things easier, here are three tips to help employers get their homes in order this spring and summer:

1. Employee handbook and personnel guidelines

Because federal, state, and local laws are constantly changing, personnel manuals and guidelines should be reviewed for compliance with all applicable laws. This is no mean feat, especially for multi-state employers and / or those who work remotely. Drug testing and free time are particularly challenging given new state laws on marijuana use, sick leave and maternity leave. And to keep up with the changes coming from Washington, employers should review their policies on social media, dress code, and grooming, to name a few.

2. Background checking policies and procedures

Employers who conduct background checks, or those who use third-party vendors to conduct these checks for them, also face challenges. The Federal Fair Credit Reporting Act puts strict reporting and disclosure requirements on employers who perform background checks, and there are severe penalties for violating the law (up to $ 1,000) and for exposure to class action lawsuits as of February 2021, a California court approved a nearly $ 175,000 settlement in a class action lawsuit for FCRA violations.

Some states and municipalities have additional requirements for employers' use of background checks that go beyond federal requirements and impose additional penalties.

Employers who outsource this work to outside providers should remember that they are not liable for liability and may be held liable for their federal violations of federal, state, and local background check laws.

3. Job descriptions and internal audits

Employers should also review job descriptions to ensure that they are up to date and accurately reflect the actual duties of employees. Job descriptions help employers set employee expectations, handle housing requests efficiently, and ensure employees are properly paid.

Updated job descriptions are useful when performing two or more main types of internal payroll accounting. First, employers must check which workers have been classified as exempt workers to confirm that the workers have been properly classified and are in fact not entitled to overtime pay and / or minimum wage. This not only helps to protect the company, but also helps to avoid potential personal liability on the part of supervisors and managers under wage and hourly legislation. Second, employers need to review employee compensation internally to identify possible red flags, e.g. B. Pay differences between workers doing the same or a similar type of work. With calls from the current government for stronger union organization and an increase in wage and hourly disputes, it is more important than ever for employers to monitor themselves, identify red flags related to compensation and correct whatever needs to be corrected. .

Many employers are like Joan Rivers and have their preventative maintenance work piled up. There's no better time than now to roll up your sleeves, grab a broom and dustpan, and get to work ensuring law compliance and reducing the risk to your business, managers, and supervisors.

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