You Asked For It…So Here It Comes!

After getting feedback from clients and colleagues, I learned HR compliance is one of their most pressing issues. As a result, you’ll see more posts on the compliance issues I encounter most frequently and ones that create the biggest risk and liability exposure for businesses.

I categorize HR compliance into three main time periods:

1. The Pre-Employment period: Issues include the recruiting and interview process, and background checks, and testing, among other things.
2. The Current Employment period: Issues here might include the alphabet soup of compliance like FMLA, ADA, FLSA, and also benefits, discipline, and promotions.
3. The Post-Employment time period: Clients should be aware of the actual firing process, COBRA, distribution of retirement benefits, writing recommendations, and more.

Each of these time periods has a unique set of issues for businesses to address. Importantly, each business needs to be aware of both federal laws and each state’s unique laws that apply to a specific issue. Keep in mind simply because you comply with federal law doesn’t mean you are out of the woods compliance-wise. Further, if you are a federal contractor, you may have a whole other set of rules to comply with.

Finally, many companies doing business with large manufacturers (i.e., auto manufacturers, defense manufacturers, and even FANG tech companies), may have to comply with contract requirements that they impose. This last point is significant to both HR people and business operations people. The reason is oftentimes business operations people enter into contracts with suppliers and customers that contain HR issues, but they never advise or notify the HR department of these issues.

Other factors that could impact HR compliance, include the industry you are in, the size of your organization, and the location of your organization (i.e. are you located in a government enterprise zone).

In the Comment Section, please list specific compliance issues you’d like me to address. HR compliance is a voluminous area and my blog posts alone won’t cover every single issue. My goal is to make you aware of the issues and give you guidance on those we see the most concern about.