Most of the time,
it is relatively easy for us to ignore the importance of compliance issues on
human resources. The HR function serves as the center of the employee's effort
and faces a tremendous amount of compliance and enforcement risks. Furthermore,
the head of HR serves as crucial personnel in upholding that HR compliance. If
a company has a weak Human Resources compliance policy, it will undoubtedly
suffer on different aspects, and the HR department will become a liability to
the company.
Ensuring Human Resources Compliance
The chief of Human
Resources has a considerable responsibility regarding compliance, both outside
and inside the department. While the list here is not that comprehensive, these
steps will be necessary to guarantee that all departments comply with the HR
procedures and laws.
Be Familiar of the Federal and State Labor
Laws
This is necessary
to guarantee that you will not violate your employees' rights. One of the most
renowned labor laws would be the FMLA (Family Medical Leave Act). This law
states that qualified employees have the right to file for unpaid leave for
medical or family reasons. You should also educate yourself about the NLRA that
upholds the right of the workers to govern various aspects of the work
relations. Businesses that fail to comply with labor laws will be facing a
considerable number of penalties and closure.
The Lawful Recruitment Process
The law associated
with human resources regulates the relationship between the employer and the
employee even before the worker is hired. According to the existing local, federal,
and state law, the employer is not required to ask the applicant questions about
their ethnicity, gender, age, disabilities, marital status, religion, and race.
By properly reviewing the questions and the form, you will minimize the
possibility of asking an invalid question.
Verify Their Employment Status
You will have to
verify all prospective applicants' employment status to guarantee that they reside
in the US legally. You may complete this task through the Employment
Eligibility Verification Form. Once you confirm their eligibility, you can only
ask the applicant to submit documents and information stated on the I-9 form.
Those who will request further documentation can be subjected to discrimination
liability.
Train the Manager
Training the
managers will allow them to handle and avoid discrimination or harassment
situations properly. Some states require the company to provide that training,
while the remaining states are highly recommending this. Discrimination and
harassment training will help you eliminate the possibility of a lawsuit and
can help you save your business a significant amount of cash.
Finally, you can
publish a handbook that should be disseminated to every department. This
handbook should provide concise and comprehensive information about the company's
guidelines, expectations, and rules. This Human Resource Compliance
policy can also be used as a point of reference should there be a dispute that
may occur.
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