Monthly Compliance Calendar Alert – Keep Your Company Compliant in May: Best Practices for Hiring

• _{Not applicable to HUB100 or GHR Hotline Clients}

Holidays

• Memorial Day – Last Monday in May

Important Dates and Deadlines for this Month

May 1

• The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification (remote review of documents), due to COVID-19. This temporary guidance was set to expire April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.

• DHS to end COVID-19 Temporary Policy for expired list B identity documents. Employers will no longer be able to accept expired List B documents for I-9 verification. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. For details see Guardian HR’s LAWALERT: URGENT: I-9 Temporary Rules are Ending April 30, 2022

May 17

• The deadline to file the 2021 EEO-1 Component 1 Report is Tuesday, May 17th, 2022, see EEOCdata.org/eeo1 for filing.

Topics to Discuss and/or Review

1.Review and revise hiring practices and policies: For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring,” and in the “CORONAVIRUS” folder and subfolders, “Return to Work” and “LAYOFF FURLOUGHS RIF’S.”

• Have staffing needs changed?
• Do you need to change benefits or pay to become more competitive?
• If you are recalling only some workers that were laid-off or furloughed, ensure your practices for determining who to recall do not discriminate against any group of employees.
• Are there any COVID-19 specific recall/retention rights in your cities/states? For clients with access to the Forms Library, references to this section can be found in the folder, “CORONAVIRUS” > “Layoffs and Furloughs” documents, “COVID-19 Furloughs, Temporary Layoffs, & Return to Work Requirements by State.”
• Review rehire/reinstate provisions for your benefit policies (eligibility/waiting periods).
• Review the I-9 process for in-house and remote employees.

2. Review Employee Applications for current laws. (Certain states have restrictions on requesting certain protected information). For clients with access to the Forms Library, references to this section can be found in the folders/documents: See the document, “Blacklisting and Job References by State” in the Forms Library > “Hiring” Folder. See the document, “Salary History Inquiry Restrictions by State and Municipality” in the Forms Library > “Compensation & Payroll” Folder. See the documents, “Ban the Box Laws by State and Municipality” and “Credit Check Limitations by State and Municipality” in the Forms Library > “Hiring” > “Background Check” Folder. Ask your dedicated HR Manager for assistance reviewing your applications for State-specific requirements.

• Be sure to check for ban the box and salary history inquiry laws
• What should not be on an employment application?
• Does the Company ask for references on an application?
• What can we ask a prior employer?

3. Review and edit Offer Letters. Review Job Descriptions. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring,” and in the subfolders, “Offer”, “Job description.” Ask your dedicated HR Manager for assistance reviewing job descriptions and offer letters.

4. Discuss with appropriate management and implement strategies for Talent Acquisition and any updates to the recruitment process. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” click the “Talent Acquisition” subfolder.

• See Webinar, “Hiring Best Practices and Performance Management” in the Forms Library > “Hiring” Folder.

5. Go through the Interview Process. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” and “Interview” subfolder as well as the “CORONAVIRUS” folder.

• What types of questions are being asked? See sample questions in Forms Library > “Hiring” > “Interview” Folder.
• What types of questions are certain employers prohibited from asking?

6. Audit the Company’s process for conducting Background Checks keeping in mind any State or local pre-employment screening restrictions or requirements. For clients with access to the Forms Library, references to this section can be found in the folder, “Hiring” click the “Background Check” subfolder. See the documents, “Ban the Box Laws by State and Municipality” and “Credit Check Limitations by State and Municipality” in the Forms Library > “Hiring” > “Background Check” Folder.

• Some positions require a background check (for example various states require mandatory background checks for positions of Law Enforcement, certain health professions, and positions involving the care of children, the elderly, or the disabled). Please be sure to check State/local law for mandatory background checks.
• If conducting background checks yourself or through a third party you must be aware of any applicable laws at the Federal, State, or local levels. Be mindful of the required Fair Credit Reporting Act and State disclosures and authorizations. For example, California's fair credit reporting statute also requires a separate, stand-alone disclosure, which cannot be combined with the FCRA disclosure.
• Also, your Company must be aware of State/local laws for criminal history inquiries like ban the box laws and the adverse action process.

7. Review the onboarding or new employee orientation process. For clients with access to the Forms Library, references to this section can be found in the folders, “Hiring” and “New Hire Packs & Documents.”

• Go through New Hire Checklist
• Make sure all new hire paperwork is given, signed, returned, and sent to the appropriate agency or stored in the appropriate retention location.
• Distribute Employee Handbook, the Acknowledgement forms, Arbitration Agreements, Non-Compete Agreements, or any other contractual agreements, allow new hire time to read it in its entirety and sign and return acknowledgments and/or contractual agreements. (CALIFORNIA: We issued a LAWLERT on mandatory arbitration on 10/19/2021 – see: URGENT CA: Ninth Circuit Ruling on AB 51 Means That Mandatory Arbitration Agreements Are Now Prohibited In California. However, due to an appeal filed by the Chamber of Commerce, this bill has been put on hold pending a ruling by the U.S. Supreme Court. Stay tuned for further details.)
• Distribute any required notices.
• Confirm that all W-4s are sent to the IRS and that new hires are reported in a timely matter.
• Ensure new employee training is scheduled including any discrimination or harassment training, and general work policies, rules, and job duties. See available harassment training, we have State-specific or USA general harassment training on GHR Website in Membership Services Box > “Online Training Library.”
• Confirm the Company’s Introductory Period. (i.e., 30, 60, 90 days) and whether employees are entitled to certain voluntary benefits (vacation, holiday pay, health plans, life insurance, etc.), or paid/unpaid sick leave.

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7. 

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators and/or your ERISA and tax advisors for further guidance.