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Compliance Checklists
Below are checklists that can help save you time and simplify compliance.
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Online exclusive: Checklist for applying for relief from employee misclassification
CEA Online Exclusive April 2013
The IRS's Voluntary Classification Settlement Program (VCSP) allows eligible employers to voluntarily reclassify workers as employees rather than independent contractors for future tax periods. With recent modifications, as well as the launch of a temporary eligibility expansion, the program is open to more employers than ever. . . .
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Online exclusive: Checklist for avoiding driving-related liability
CEA Online Exclusive March 2013
Workers who drive as part of their employment--even if all they do is drive to and from off-site meetings during the workday--can expose you to significant liability if they have an accident. To avoid liability, you need to identify drivers who could put you at risk and keep them off the road for work purposes. . . .
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Online Exclusive: Checklist for an HR audit
CEA Online Exclusive January 2013
Periodic HR audits are essential to ensuring your organization is making the best use of its human resources while ensuring legal compliance that will reduce its potential for liability. Our checklist will help you develop a comprehensive audit that covers all of the bases. You can add or delete areas of focus as appropriate for your organization. . . .
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Online Exclusive: Checklist for Using Credit Reports in Hiring
CEA Online Exclusive July 2012
Background checks into job applicants' criminal histories have been common for some time; one recent study found that 92 percent of employers conduct criminal background checks on all or some of their candidates. In recent years, employers have increasingly looked into applicants' credit histories, too. . . .
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Online Exclusive: Checklist for H-2B Required Records
CEA Online Exclusive May 2012
|Image1|The recent changes to the application process for the H-2B visa program also brought some revisions to employers' recordkeeping requirements. All employers filing for H-2B visas must retain a variety of documents and provide them within 72 hours in the event of an audit or investigation. . . .
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Online Exclusive: Checklist for Salesperson Exemptions from Overtime
CEA Online Exclusive April 2012
|Image1|Both the federal Fair Labor Standards Act (FLSA) and California wage and hour laws exclude certain salespeople from overtime pay requirements. While both federal and state law exempt outside and commissioned salespersons, though, they apply different tests. . . .
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Online Exclusive: Checklist of Discriminatory Job Specifications
CEA Online Exclusive March 2012
It's hard enough getting managers and supervisors to sit down and draft job descriptions for every position they oversee. But when you consider the risk that discriminatory wording in a poorly drafted job description might sneak its way into a job advertisement or application form, the situation becomes a challenge on another level . . .
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Online Exclusive: Checklist for Lawful and Effective Background Checks
CEA Online Exclusive January 2012
Employers that don't conduct thorough background checks risk problems ranging from weak worker performance to negligent hiring and vicarious liability to horrific acts of workplace violence. The incentives for background checks couldn't be clearer, but background checks also come with their own risks because many federal and state laws regulate the type and amount of information employers can obtain. . . .
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Online Exclusive: Employee Fraud Prevention Checklist
CEA Online Exclusive November 2011
Employee fraud is always a risk, but that risk jumps significantly in tough economic times when struggling employees can feel they have no choice. Employers need to do everything they can to head off potential perpetrators and uncover ongoing fraud schemes. . . .
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Online Exclusive: Checklist for Exit Interviews
CEA Online Exclusive October 2011
Exit interviews with departing employees--whether they're leaving voluntarily or involuntarily--provide a valuable opportunity for employers to identify brewing workplace issues and conduct an informal but significant review of their operations. . . .
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Online Exclusive: Checklist for Calculating Employees' 'Regular Rate' of Pay
CEA Online Exclusive September 2011
Under California wage and hour law and the federal Fair Labor Standards Act (FLSA), overtime is calculated based on a nonexempt employee's regular rate of pay. In determining which payments should be included or excluded from the calculation of the regular rate of pay, California law largely mirrors the standards adopted by the federal Department of Labor (DOL) for the FLSA. . . .
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Online Exclusive: Checklist for New Employee Orientation
CEA Online Exclusive July 2011
Too many companies leave the orientation of new hires to their immediate supervisors. The smarter approach is to develop a formal company-wide orientation program to provide new employees with important information--some of which is required by law--and make them feel welcome and ready to hit the ground running. Our checklist will help you make sure you cover all of the bases. . . .
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Checklist for English-Only Policies
CEA Online Exclusive June 2011
Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA)--the federal and state antibias laws--both allow employers to adopt English-only policies for their employees in limited circumstances. . . .
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Checklist for Identifying a Disability
CEA Online Exclusive December 2010
Not recognizing that an employee or job applicant has a disability protected by the state Fair Employment and Housing Act (FEHA) can prove costly for an employer. To keep from making this mistake, use the checklist below whenever you're in doubt about whether an individual has a physical or mental disability or medical condition that could trigger the FEHA. . . .
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Checklist for Compliant MPN Employee Notifications
CEA Online Exclusive November 2010
The Division of Workers' Compensation's amendments to regulations on medical provider networks (MPNs) and employee information are effective as of Oct. 8, 2010. Among other changes, the amendments revise the requirements for several MPN-related notices, including the MPN employee notification. . . .
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Checklist for Compliant Wage Statements
CEA Online Exclusive October 2010
California employers continue to face a variety of wage and hour claims. Many violations of the state wage and hour laws, including those related to wage statements, can produce costly class actions. . . .
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Checklist for Sexual Harassment Investigations
CEA Online Exclusive September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment, including conducting a prompt investigation. . . .
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Checklist for Unpaid Internship Programs
CEA Online Exclusive July 2010
Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, make sure your program: . . .
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Trade Secrets: A 7-Point Protection Plan
Updated January 2011
As we report in this month's issue of CEA, the California Supreme Court has made it clear in a new case that agreements not to compete violate the state's unfair competition law except in very limited circumstances. Employers should note, too, that the high court's decision did not disturb prior case law authorizing noncompete provisions as necessary to protect trade secrets, although the court did not specifically address this issue. . . .
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Screening Employees: 12-Point Hiring Checklist
Updated January 2011
In this month's issue of California Employer Advisor, we report on a case in which a California auto parts retailer was sued after a store manager, who happened to have a shady past, walloped a customer in the head with a metal pipe during an argument with the customer. . . .
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Immigration: Summary of Acceptable Employment Verification Documents
Updated January 2011
Do you know which documents are acceptable for completing the I-9 form? The government has made some changes to the list of acceptable documents for List A, even though the I-9 form itself doesn't reflect these changes. As mentioned in the accompanying story, new legislation will permit you to electronically store I-9 employment verification forms . . .
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New Hires:
Getting Orientation Right; A Checklist for the First Day
Updated January 2011
Here's a look at the components of a successful orientation program, along with a detailed checklist to make sure everything's covered on the new employee's first day. Most organizations today provide orientation programs for newly hired employees. Employers have found that the value of a good orientation cannot be overestimated when . . .
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Terminating Employees: Sample Termination Checklist
Updated January 2011
We've put together an easy-to-use checklist to help you cover the required information and complete necessary steps during a termination, and to help you avoid unnecessary fines or potential lawsuits. . . .
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Hiring: Checklist for Drafting (or Revising) Job Applications
Updated January 2011
Employment applications are typically the gateway to your hiring process. Not only do they contain information that will give you your first impression of a job candidate, but they also provide an easy and standardized way to assess . . .
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Voting Leave Checklist
Updated January 2011
Have you posted information about employee voting rights at least ten days prior to a statewide election? . . .
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California COBRA Notice Checklist
Updated January 2011
Use this form to ensure your organization properly advises employees and their dependents of their rights to continued health coverage . . .
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Providing References Checklist
Updated January 2011
Providing references for current and former employees can be tricky. Improperly handling such requests can lead to lawsuits and claims from both the individual and the new employer . . .
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Parent School Visit Leave Checklist
Updated January 2011
Has the employee provided you with reasonable prior notice of the need for leave to attend an activity at a school or day care facility? . . .
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Pregnancy Leave Checklist
Updated January 2011
Have you made four months of disability leave available to the employee regardless of length of employment . . .
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Hazard Analysis Checklist
Updated January 2011
By conducting a hazard analysis at your worksite, you can identify the physical requirements of each job, develop safe job practices, determine whether any personal protective equipment is needed, and discover if you are at risk of having a workplace accident . . .
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Cal/OSHA Hazard Communication Program Compliance Checklist
Updated January 2011
Familiarize yourself with the Hazard Communication Regulation. Designate an individual in your organization who will be responsible for developing, implementing, and monitoring the hazard communication program. Develop and maintain a current inventory of all substances designated by the state of California as hazardous to which employees may be exposed. . . .
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California Safety Overview Checklist
Updated January 2011
California Safety Overview Checklist: Do you provide a workplace that is safe and healthful? Do you take actions necessary to protect the life, safety and health of employees? Do you have a written workplace injury and illness prevention program in place? Do you maintain records required by Cal/OSHA? Do you comply with hazard communication and . . .
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Violent Employees: Risk Assessment Checklist
Updated January 2011
It's important to understand the warning signs that a worker might be headed for violent behavior. Here's a list of stress factors, cues, and signals that many psychologists believe may indicate potential for violent behavior in the workplace. Of course, just how significant any of these factors are will depend on the particular situation . . .
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Hiring: 10-Point Employment Ad Checklist to Help Avoid Bias Lawsuits
Updated January 2011
Most employers know they can wind up with a bias lawsuit on their hands if they're not careful about the language they use when placing a help-wanted ad in the newspaper or online. Here's a quick checklist you can use to evaluate your ad to help ensure it won't be a ticking time bomb. A "no" answer to any of the questions indicates that you should rethink the ad before placing it . . .
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