Tip of the Month

Compliance Tip of the Month

Friday, July 1st, 2011

Training Requirements for Dealership EmployeesTraining Requirements for Dealership Employees
The quick guide to training: who needs it, in which areas and departments, for which enforcement agencies, and how often each training requirement must be renewed. Check the list at http://kpa.co/iSyVAA

Don’t Get Caught in Summer Hiring Traps

Thursday, June 2nd, 2011

Many businesses will be hiring minors or interns for the summer. Before you hire make sure you are hiring and paying in compliance with both state and federal regulations. Check out the FLSA – Child Labor Rules Advisor and the US DOL Wage and Hour Division’s Employment/Age Certification Issuance Practices Under State Child Labor Laws. The Federal government does not require work permits or proof-of-age certificates for a minor to be employed. However, many states may require them for workers of certain ages. These certificates help to protect the employer from prosecution for employing an under-aged worker. Having these age certificates constitutes a good faith effort to comply with minimum age requirements. To review best practices paying interns go to http://blog.kpaonline.com/2010/04/interns-a-source-of-free-labor-not-likely/

A Lot of Safety on Your Lot

Sunday, May 1st, 2011

Compliance Tip of the MonthInventory lots, parking lots, and holding lots make up the backbone of your business, and need to be kept safe. Here are a few basic safety checks keep your lots up to code, and keep them safe for employees and customers. First, make sure the speed limit is posted, blind spots are eliminated, and that employees are given specific test drive routes if they leave the premises with customers as part of their job. If golf carts are part of your business, safe operating rules need to be posted in the cab of each cart.

All employees need to practice safe driving. This includes using seatbelts, and eliminating the use of cell phones while behind the wheel. All paperwork needs to be current, including safe driver training records, and DMV records.

More details are available in the May 2011 newsletter article, “Lot Safety Checklist” at

http://www.kpaonline.com/news-and-events/newsletter/compliance-newsletter-may-2011/lot-safety.html

Don’t forget “protection” when disciplining or terminating employees

Friday, April 1st, 2011

Remember the “protected” rule when disciplining or terminating employees. Never discipline or terminate an employee in a protected class or an employee engaged in a protected activity without consulting an attorney. Protected classes are race, color, religion, national origin, age (40 and over), disability, veteran status, genetic information sex, familial status, sexual orientation and gender identification (some jurisdictions). Protected activities include lodging a harassment complaint, filing a work comp claim, taking certain leaves including FMLA leave, asking for a disability accommodation or complaining or filing a charge of unlawful activities.

Tier II Chemical Inventory Reports Due March 1

Tuesday, March 1st, 2011

All facilities covered by the Emergency Planning and Community Right-to-Know Act (EPCRA) are required to submit a chemical inventory form including all hazardous substances with a MSDS mandate that have been present at any time during the previous year. Certain thresholds apply, and may vary by state. A basic primer is available here to get you started.

Always Confirm Employment Eligibility With E-Verify

Thursday, February 3rd, 2011

Immigration and Customs Enforcement (ICE)  is cracking down on employers who hire illegal aliens   Make sure that you complete an I-9 form within three days of hire and take the extra step of confirming eligibility to work in the United States but using E- Verify. Not all employers are required to use E-Verify but every employer should..   E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce.

Click here to learn more or to sign up for E-Verify.  http://www.dhs.gov/files/programs/gc_1185221678150.shtm

KPA offers a free webinar on What Employers Must know about Immigration Control and Enforcement. Check it out at

http://www.kpaonline.com/news-and-events/webinars/recorded-webinars.html

Is this tip helpful for your business?  Please share your thoughts and experiences about using E-Verify with the KPA blog community.

One HR New Year’s Resolution for Real Results

Wednesday, January 5th, 2011

We all start the New Year with the best of intentions and a long “to do” list both personal and professional. Too often our resolutions are derailed within the first month but there is one professional resolution you have to keep- conducting your annual HR Audit by the end of January.  Reviewing your HR practices and policies is the critical first step in prioritizing which project you will undertake in 2011.  A HR Audit will help you determine which projects to tackle that will make a real difference in ensuring your organization is in compliance and your employees are at their most productive.

 To conduct your HR Audit you can use KPA Best Practices in Human Resources Programs Compliance Checklist or HotlinkHR clients may contact their Client Advocate for assistance.

Make Sure to Limit Legal Liability for Holiday Events

Friday, December 3rd, 2010

Holiday parties can be a great way to reward employees but can also create unintended human resource management issues. You don’t want the festivities to turn fractious so you may want to use these three simple steps to reduce legal liabilities:

1) Avoid any religious ties to holiday parties. A “Christmas Party” may appear insensitive to some employee; however, throwing a generic holiday party will ensure everyone feels comfortable.

2) Limit or don’t serve alcohol. Consider using a ticket system that limits the number of drinks and provide alternative transportation if you do serve alcohol.

3) Size the event to economic conditions. If you have just had a round of layoffs or haven’t provided raises in over a year, consider the message that an extravagant holiday party will send – a simple celebration may be a better option.

For more advice on holidays parties go to http://blog.kpaonline.com/2009/12/lampshades-and-lawsuits-how-to-limit-your-libility-for-holiday-events

Beyond “Right To Know” for MSDS information

Friday, November 5th, 2010

Your employees have the “right to know” about hazardous chemicals in the workplace under OSHA’s Hazard Communication Standard (HCS) which states “employers with hazardous chemicals in the workplace must have label and material safety data sheets (MSDS) for their exposed workers and train them appropriately.” The HCS allows for MSDS to be kept hard copy format or online – but in the event of an emergency, do you really want your employees scrambling for a binder full of MSDSs and then frantically looking for the right sheet among many? Online systems provide search tools, index, and immediate access making critical information not just available but “easy to find.” Online systems with a backup CD-Rom option give you “peace of mind” if your internet connection goes down during an emergency. When seconds count in the event of an emergency that involves hazardous chemicals “easy to find” and “peace of mind” is just as important as the right to know.

Handbooks – Make Them Matter

Friday, October 1st, 2010

With the best of intentions, employers create a company handbook, distribute it to all employees, and then are puzzled when the policies are not followed. To make your company handbooks matter, make sure it is EATEN – easily understood, acknowledged, trained, enforced, needed.

Easily understood. Be sure that the employee handbook is written in clear and simple language; no “legalese” please.

Acknowledged. Employee’s signature should indicate that they understand and agree to the handbook and have acknowledged the information they have reviewed.

Trained. Employees are trained on key policies to ensure understanding and create a “good faith” defense.

Enforced. All of the policies are enforced for everyone – “no exceptions” or “exceptions” become the rule.

Needed. Include the needed information only. Too much information and employees are overwhelmed, so only include the information which you plan to enforce.