Now that we have hit 2013 and not fallen off the cliff (yet), it is time for some careful reflection on resolutions that can make us not only fitter and lighter as people, but also make our organizations fitter, more agile, and with less potential liability. Knowledge is power. Just like it is worth knowing which exercise burns more calories both during and following a workout, it is imperative to know the rules that govern your world as an employer. Start at the beginning and do a formal or informal audit. Below are some good questions to start you off. Check out the many embedded links for helpful definitions and resources available online :
- How do we make sure our employment application is compliant with Massachusetts law (among other things, make sure it does not ask for CORI information in the application);
- How do we make sure every person conducting employment interviews know the questions he or she CANNOT ask?
- How do we gather I-9 and W-4 information and keep it secure and protect privacy?
- How do we protect our intellectual property and competitive edge with employees who have access to such information?
- How do we make sure we comply with all the appropriate office-place posting requirements?
- How do we maintain employee files and make sure the right things get into each employee's "employment record" in compliance with Massachusetss' strict employment record statute?
- How do we make sure we comply with the legal requirement to inform employees every time something that can be relied upon to evaluate them is placed into their employment record?
- How to we make sure all supervisors are well trained in preventing discrimination and harassment?
- How do we comply with the requirement in MGL 151B of distributing our sexual harassment policy to all employees upon hire and annually thereafter?
- How do we make sure we have classified employees correctly under the FLSA - and are paying overtime correctly to all non-exempt employees?
- How do we make sure that we protect our right as an employer to conduct an investigation into wrongdoing or for other good reason to to access and review Internet or email use at work or on work accounts?
- How do we make sure that employee evaluations are done fairly and frequently enough to ensure that we catch misconduct or poor performance before it is too late?
- How do we make sure that we know our obligations to provide protected leave to employees under state law and under the ADA, the FMLA, and USERRA when applicable?
Of course, the list can go on and on. But if you choose just a few areas for a focused audit, you can be sure that improvements will be made where they are needed. Use online resources and legal counsel where needed. Every process that is improved before a problem is brought to light, means hours of saved time and averted crises. That means you get to focus more on the business of what you do best. Happy 2013!
Article originally appeared on Kleiner Legal (http://www.kleinerlegal.com/).
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