Failing to remain compliant with federal and state employment laws can be costly for businesses. Doing so can lead to audits or even lawsuits.
At the same time, keeping up to date with new human resource rules and regulations may seem like a significant task, especially for small businesses focused on maintaining sufficient staffing, making payroll, keeping the lights on and building a positive culture. Companies can prevent minor mistakes from snowballing into big problems by following these tips.
Recognize the most common HR compliance mistakes
There are a few HR compliance areas where companies big and small are prone to errors. One of the most common and costly mistakes can be the incorrect classification of employees. The rules can vary significantly for full-time, part-time and contract employees when it comes to areas like benefits coverage, tax responsibilities and employment status. Failures to submit required paperwork and noncompliance with state and federal safety regulations are other common problem areas. In addition to any local or state regulations related to employment, companies should also be familiar with the requirements of the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, record keeping and youth employment standards, covering employees in the private sector and in federal, state and local governments.
Support Title VII compliance
Employers and employees should be well-versed when it comes to workplace discrimination and anti-harassment laws, but they don’t just apply to managers and staff. Title VII applies to discrimination and harassment from clients, vendors and even customers. Because discrimination and harassment are often thought of as “internal workplace issues,” many companies may not be aware that they can be held responsible for the actions of non-employees when the employer (or its agents or supervisory employees) knew or should have known of inappropriate conduct and failed to take immediate and appropriate corrective action. This is why employees should be well aware of the protections in place and understand the importance of reporting harassing conduct.
Know AI-related regulations as they intersect with employment best practices
Companies are increasingly using AI in a variety of helpful ways. For instance, many employ smart software solutions to match candidates to open positions. However, these technologies can also pose a risk as they quickly evolve, along with the laws that govern them. Some AI programs may demonstrate bias to certain individuals or groups and certain cities and states are enacting legislation to prevent these kinds of issues.
Understanding varying payroll requirements
Prior to 2020, remote work options were becoming an increasingly popular benefit. The pandemic led to this option's explosive, lasting expansion. Nowadays, employees can work from other states, other times zones and even from other countries. While this is an attractive benefit to offer - especially across the technology and software sectors - there are some regulations that companies should know about.
At the top of the list are payroll laws, which can vary significantly from state to state. Employees in other states may be subject to city or state minimum wage laws or pay frequency requirements that differ from the regulations where the company headquarters is based. Overtime regulations and payroll deductions may also vary. A contracted payroll provider can help address these issues. Still, if these functions are led internally, care should be taken to stay current with the evolving regulatory landscape across the U.S.
With so many areas where mistakes can be made, companies can avoid costly errors by obtaining outside help. An employment attorney can assist in identifying and eliminating risks before they arise. Another option for small and medium-sized businesses is partnering with a professional employer organization (PEO
The rules surrounding employment in the U.S. are a moving target. This is why companies must stay up-to-speed on the various regulations that may impact their operations and be prepared to adjust as needed.
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Fernanda Anzek is managing director of HR services with Insperity, a Houston-based provider of human resources and business performance solutions.
