Many businesses experience a slowdown in late summer as employees and customers go on vacation. The downtime can be a great opportunity to take a deep breath and carefully review your handbooks, policies, and practices. The whirlwind of enforcement brought on by the Obama Administration has made it all the more important to ensure you are in compliance with employment laws. If you haven’t been keeping up, here are a few areas requiring your attention:
- Are you misclassifying employees as independent contractors? You could put yourself at risk for a triple audit.
- The Equal Employment Opportunity Commission (EEOC) and many federal courts say gender identity is protected under Title VII and many state laws have their own protections. Are your policies and training up-to-date?
- If your social media policy was drafted before May 2012, it probably will not pass scrutiny by the National Labor Relations Board.
- Do you consider arrest and conviction records in your hiring process? The EEOC says you may be violating Title VII.
- What about credit checks? Several states have banned most credit checks by employers.
Employers should conduct self-audits at least once a year to ensure they are in compliance with new laws. Giving your business an annual checkup also helps avoid perpetuating bad decisions. January 1 and July 1 are common effective dates for new laws, so consider whether the holiday season might provide a good opportunity for a self-audit if your business does not slow down over the summer.
Brody and Associates regularly advises management on complying and remaining up to date with state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.
