CAPE COD HUMAN RESOURCES ASSOCIATION OCTOBER 25, 2012 EMPLOYMENT POLICIES AND PRACTICES COMPLIANCE AUDIT 2012 Checklist of Subject Matter Falmouth, MA 508-548-4888 Boston, MA 857-284-7291 Hingham, MA 781-749-4433 1
ON-BOARDING Recruiting initiatives including advertisements, internal/external postings, and other solicitation of applicants Interviewing Training the interviewer Employment applications Proper and most effective questions Background checks (CORI, Social Media) Disclaimers and conditions of employment I-9 Documentation Post-offer, Pre-Employment Physical/Medical Inquiry Negligent hiring liability ADA and other state and federal legal obligations A checklist to monitor the process POLICY, RULES, EXPECTATIONS AND REGULATIONS Updated, well written and effective handbook General safety regulations/safety equipment OSHA General Duty Clause OSHA Safety and Health Program Management Guidelines Health and Safety Protection Plan under OSHA Healthcare mandates state/federal Electronic communication email, Internet, cell phones Social Media FTC Endorser Disclosure requirement NLRB protected concerted activity Substance abuse, policies and testing No smoking Written Information Security Plan (WISP protecting personal information) No solicitations, political canvassing - union avoidance language Consequences for furnishing false information Work rules Discipline and termination Internal investigations the process - confidentiality Reduction In Force policy/plan Severance benefits/policy Management prerogatives Quality assurance Domestic violence identification Uniforms/dress code Tools and equipment Caregiver discrimination Compliance with the Commonwealth s independent contractor Employee Assistance Program 2
Wellness Programs Payment of accrued, unused vacation time upon termination Prohibition of harassment, discrimination or abusive behavior HIPAA/HITECH Privacy Rules Political activities Whistle Blower Policy Prohibition against sexual harassment policy distribution Telecommuting or alternative work arrangements Inventions, patent, copyright and intellectual property Conflict of interest Restrictions on expenditures of funds, equipment purchases Travel and lodging Tardiness expectations Absenteeism Job descriptions Texting or emailing while driving Affirmative action documents underutilization and workforce analysis Outside Employment Policy AGREEMENTS TO BE SIGNED Proprietary information Capital appreciation unit participation Officer indemnity agreement Employment agreement Sexual harassment policy Acknowledgement of receipt of the company s handbook Acknowledgement of receipt of the company s WISP Acknowledgement of WISP training Acknowledgement of sexual harassment training Restrictive covenants including non-competition, non-solicitation and confidentiality agreements Military leave forms FMLA forms WORKPLACE POSTING REQUIREMENTS Age Discrimination and Employment Act Americas with Disabilities Act Consolidated Omnibus Budget Reconciliation Act Employee Polygraph Protection Act Equal Pay Act Fair Labor Standards Act Family and Medical Leave Act Occupational Safety and Health Act Title VII of the Civil Rights Act 3
Written Sexual Harassment Policy Shift and meal period schedules Hours of employment for minors Child labor laws Right to collect unemployment compensation Workers compensation rights Rights under the Small Necessities Leave Act Rights under the Massachusetts Maternity Leave Act The Commonwealth s Minimum Fair Wage Workplace Notice The Commonwealth s Anti-Retaliation Protection poster HOURS OF WORK, PAY PRACTICES Equal pay Hours of work, rest periods, lunch Time cards, time clocks, etc. Pay check and deductions Pay day Work week Overtime pay Compensatory time off Tip law Shift premiums Job evaluation plan Wash-up time On-call pay Promotion, transfer, job bidding/job posting Separation allowance/pay Extra compensation (travel time, expenses, mileage, car allowance) Bonus/incentive earnings Avoidance of compensation discrimination Record keeping Training time Travel time Reporting pay Prevailing wage rates OT for nurses Curfews on after hours work (email) for non-exempt staff TIME OFF THE JOB Holidays Vacations Jury duty Military service active duty Military reserve training 4
Bereavement leave Medical leave Personal leave Sabbatical leave Education leave Absence due to work related injury Family and Medical Leave Acts (state/federal) Massachusetts Maternity Leave Act The Small Necessities Leave Leave time as an accommodation under the ADA Sick leave bank policy Time to vote THE EMPLOYMENT RELATIONSHIP Performance Evaluations and Reviews Job Descriptions Discipline, Termination Procedures and Protocol Discipline and Termination in the Unionized Workplace Personnel Records Law Phased retirement policy EMPLOYMENT STATUS Affirmative action Equal employment commitment address all protected classes including transgender Employment of relatives Employee classification Security clearance Identification Service date, adjusted date for interruption of service Seniority Initial employment period At-Will statement No oral representation statements Contract Disclaimers Acknowledgement and acceptance Assessment of independent contractor relationships TRAINING/EDUCATION Sexual harassment policy Company training courses On the job training Tuition assistance Scholarship programs 5
Employer associations Correspondence courses Library facilities and usage Apprenticeship Cooperative programs Written Information Security Program the security of personal information Performance development and management EMPLOYEE SERVICES AND ACTIVITIES Credit union/employee loans Employee discounts for company products/company store Savings, stock purchase, savings bonds Investment plans Retirement plan design and compliance Cafeteria, lunchroom facilities, vending machines No solicitation policy SECURITY Confidential and proprietary information Weapons policy Security Facility access Security procedures Violence policy Emergency response Restrictive covenants (non-compete/non-solicitation) Patents and inventions E-mail policy Internet access and use Conflict of interest Protection and storage of paper and electronic personal information Personal information hard copies and electronic INFORMATION ABOUT THE COMPANY Welcoming Letter from the Chief Executive Officer/President Brief History Products and Services and General Policies Relating to Them Organization Physical Scope Patients, Public Relations and Future Prospects OFF-BOARDING Best practices A checklist to govern the process 6