Risk in HR and how to manage it Anna Denton-Jones n avigating employment law.
The Hr Audit December2009 Anna R Smith (2)
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Transcript of The Hr Audit December2009 Anna R Smith (2)
The Human Resources AuditThe Human Resources AuditDecember 2009
Anna R. Smith
Copyright © 2009. Anna R. Smith. All Rights Reserved 1
Welcome and IntroductionWelcome and Introduction
About MeWhat is a Human Resources (HR) AuditWhy should you Do an HR AuditKey areas you can audit with a checklistHow & when to consider a third party
Copyright © 2009. Anna R. Smith. All Rights Reserved 2
What is an HR AuditWhat is an HR Audit
The HR Function has many responsibilitiesSome are subjective:
◦Your internal objective 3rd party◦Culture, morale, etc.
Many HR responsibilities involve compliance – laws and regulations from feds/state/IRS etc. that apply to your workplace
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What is an HR AuditWhat is an HR Audit
All EmployersFair Labor Standards Act (FLSA) Social Security Federal Insurance Contributions Act (FICA) Medicare Equal Pay Act (EPA) Immigration Reform and Control Act (IRCA) Federal Unemployment Tax Act (FUTA)
10+ EmployeesOccupational Safety & Health Administration Act (OSHA)
14+ EmployeesTitle VII Civil Rights Act Americans with Disabilities Act (ADA) Pregnancy Discrimination Act
19+ EmployeesAge Discrimination in Employment Act (ADEA) Older Worker Benefit Protection Act (OWBPA) Consolidated Omnibus Budget Reconciliation Act (COBRA)
49+ EmployeesFamily Medical Leave Act (FMLA)
99+ EmployeesWorker Adjustment and Retraining Notification Act (WARN) Employee Retirement Income Security Act (ERISA)
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What is an HR AuditWhat is an HR Audit
The HR Audit determines if HR is doing what the department needs to be doing◦To look for potentially serious problems (land
mines) – i.e., compliance◦To address practices that need improvement◦Implement the big ideas
For You: a Top Ten List of things to audit yourself
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Why You need an HR AuditWhy You need an HR Audit
Non-Compliance is risky and potentially expensive
Proactive in Accounting/Financial Audits
Your HR function has as much potential liability for non-compliance◦Example: IRS
Hope Method
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Self HR Audit Top 10Self HR Audit Top 10
Email me at [email protected] for my full audit questionnaire
Because of time restraints, here is my top 10 for your own quick audit:
1. FLSA Compliance:a. Labor law posters up to dateb. Exempt vs. Non-Exempt test
2. Employee Files:a. I-9 Separateb. Medical File separate from Personnel File (HIPAA)c. Job Application on file for every employee (resume also
alright, not great)
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Self HR Audit Top 10Self HR Audit Top 10
3. Employee Handbook or Reference Manual:a. Employment at Will statement, New FMLA regs
(January 2009,) ADA, Discrimination, Sexual Harassment Policy, Drug Testing Policy, COBRA
b. All of your organization’s rules/best practices
4. Documentation:1. Employee Handbook – Policies2. Signed Receipt of Handbook3. Signed policies: Training (Sexual Harassment,
Discrimination, Diversity – either training or acknowledgement of policy; IT Security Policy.) All the policies that are so important, it’s immediate termination if violated.
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Self HR Audit Top 10Self HR Audit Top 10
5. Job Descriptions:1. Up to date for EVERY position2. Exempt vs. Non-Exempt test applied3. Job’s skill and education requirements and a good
summary of responsibilities and routine activities4. Org Chart defining reporting structures
6. Standard Interview Process: (EEOC)1. App’s on every candidate2. All interviewers ask standard questions of all
candidates3. Do your interviewers know what are legal
questions?
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Self HR Audit Top 10Self HR Audit Top 10
7. Evaluation of salaries/local market annually?
8. There is no such thing as comp time!!!9. Contractor vs. Employee test10. Do you document performance problems
consistently?
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Self HR Audit Top 10Self HR Audit Top 10
Special Email for HM-B clients:◦[email protected]
Email me for the:◦Laws that apply per # of employees◦A Self Audit Checklist
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33rdrd Party HR Audit? Party HR Audit?
3rd Party HR Audits are generally much more thorough because an outsider:◦Is objective◦Has more time◦Is a seasoned HR professional◦Also asks big picture questions w/creative
solutionsLess expensive than litigation!I do my audits via online survey, email me
for the link
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33rdrd Party HR Audit? Party HR Audit?
Contact Anna Smith:[email protected]
504.312.2941
Or contact Tom Daly
Thank you for your time!
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