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HR ComplianceGary WheelerCEOClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title styleTHE FEDERAL GOVERNMENT BELIEVES 90% OF ALL SMALL BUSINESSES ARE OUT OF COMPLIANCE.LOW HANGING FRUIT = SMALL Businesses

The Government Needs Money

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style2The Virtual HR Director, LLC 2011Equal Employment Opportunity Commission 1965

Enforce Title VII of the Civil Rights Act

The EEOC continues to have record-shattering charges200079,896201099,922201199,947EEO LitigationClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style3The Virtual HR Director, LLC 2011Employment InterviewsTerminationsHarassmentAge DiscriminationTypes of EEO LitigationClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style4The Virtual HR Director, LLC 2011Application on file for each employee complete with signatureNever write notes on an applicationUse a standard behavior interview formNote: EEOC 2012 ruling have you been convicted of a felonyTrain your interviewersList of Dos and Donts Select candidates on qualificationsEmployment Best Practices

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style5The Virtual HR Director, LLC 2011Application on file for each employee complete with signatureNever write notes on an applicationUse a standard behavior interview formNote: EEOC 2012 ruling have you been convicted of a felonyTrain your interviewersList of Dos and Donts Select candidates on qualificationsEmployment Best Practices

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style6The Virtual HR Director, LLC 2011How old are you?What year did you graduate or finish high school?Where were you born?Are you from the United States?Are you married? Do you have kids?What is your faith or religion?Do you have a car (unless it is required for the job)?Do you have a disability? Have you ever had a workers compensation injury?Have you ever been arrested?

Interview DontsClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style7The Virtual HR Director, LLC 2011Immigration Reform Act of 1986 (I-9)Requires employers to attest to their employees' immigration statusIllegal to knowingly hire unauthorized immigrantsMust have an I-9 for every employee hired after November 6, 1986Fines $100 to $1,100 per employeeNew I-9 Form Introduced March 8, 2013Must comply by May 7, 2013

I-9s Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style8The Virtual HR Director, LLC 2011I-9s 100% complete in inkComplete first day of employment Signed and dated by employee and employer on 1st day of employmentUtilize PDF WriterVerify appropriate documentsTickler file for temporary status employees Go back and get new I-9s if not 100%Use E-VerifyBest Practices

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style9The Virtual HR Director, LLC 2011The government collected over $50-million dollars in fines last year from improper and missing I-9sInteresting FactClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style10The Virtual HR Director, LLC 2011Participation in E-Verify is voluntary for most businessesMandatory for employers with federal contracts or subcontractsMandatory in 9 statesAL, AZ, GA, LA, MS, NC, SC, TN, UTVoluntary in New York but recommend

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style11The Virtual HR Director, LLC 2011You must provide the following information:employee name, address, social security number, hire date employer name, address, employer IDif dependent health insurance benefits are available to the employee and if so, the date the employee qualifies for the benefits20 days from date of hire or $25 fine

New Hire ReportingClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style12The Virtual HR Director, LLC 2011Two reference checks for each employeeFair Credit Reporting release form on fileJob description for each employeeMedical and workers comp in a separate fileTerminated employee files in separate drawerTerminated employee files shred after 3-years of terminationNon-hired applications on file for 12-months (shred)

Other Employment AdministrationClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style13The Virtual HR Director, LLC 2011Salary TestU.S. $455 per week New York $536.10 per week California $640 per weekExecutiveManage business, department, division, groupProfessional Doctors, dentists, professors, scientists, CPA/accountants, outside sales Administrative HR, marketing, office managers, insurance agents

Exempt v. Non-ExemptClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style14The Virtual HR Director, LLC 2011Must meet Three Criteria:Office or non-manual work, which isDirectly related to management or general business operations of the employer or the employers customers, andA primary component of which involves the exercise of independent judgment and discretion and Matters of significance

Administrative ExemptClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style15The Virtual HR Director, LLC 2011Annual review of contractor checklistContractor is incorporated (LLC, S-Corp, C-Corp)W-9 on file1099 produced annually Contractor v. EmployeeClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style16The Virtual HR Director, LLC 2011#Yes or No1Can the worker make a profit or suffer a loss as a result of the work, aside from the money earned from the project?2Does the worker have an investment in the equipment and facilities used to do the work?3Does the person work for more than one company at a time?4Does the worker offer services to the general public?5Do you have the right to give the worker instructions about when, where, and how to work? (control)6Do you train the worker to do the job in a particular way?Independent Contractor ChecklistClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style17The Virtual HR Director, LLC 2011#Yes or No7Are the workers services so important to your business that they have become a necessary part of the business?8Must the worker provide the services personally, as opposed to delegating tasks to someone else?9Do you hire, supervise, and pay the workers assistants?10Is there an ongoing relationship between the worker and yourself?11Do you set the workers hours?12Must the worker spend all of his or her time on your job?Independent Contractor ChecklistClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style18The Virtual HR Director, LLC 2011#Yes or No13Must the individual work on your premises, or do you control the route or location where the work must be performed?14Do you have the right to determine the order in which services are performed?Independent Contractor ChecklistRisksOvertime, back paySocial security, taxesBenefits, VacationRetirement PenaltiesClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style19The Virtual HR Director, LLC 2011OSHA is actively pursuing small businesses OSHAClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style20The Virtual HR Director, LLC 2011Hazardous Communication Right to KnowPosterAnnual trainingMSDS SheetsAll chemicals in the facility on fileEmployees aware of MSDSEmergency Evacuation PlanAnnual DrillMinimum Compliance

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style21The Virtual HR Director, LLC 2011All Injuries DocumentedOSHA 301 Injury ReportOSHA 300 Monthly LogOSHA 300A Annual Summary

Risks$1K for each missing 301 Injury Report$1k for each year for missing 300 Log

Minimum Compliance cont.

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style22The Virtual HR Director, LLC 2011Area Average FineHazardous Communication & Right to Know$281Employee Training$447Training Requirements (safety mtgs, evac drills, etc.)$465Head Protection$511Wiring Design and Protection$542Ladders$698Aerial Lifts$961Fall Protection$1,160Evacuation Plans$2,110General Requirements$2,182Average OSHA Fines Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style23The Virtual HR Director, LLC 2011Have an up-to-date Employee HandbookHandbook should be clear, concise and leanUnemployment claims and EEOC chargesEmployee HandbookClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style24The Virtual HR Director, LLC 2011Employment InterviewsSexual HarassmentTerminationsAge DiscriminationTypes of EEO LitigationClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style25The Virtual HR Director, LLC 2011Have a policyPolicy is the first policy in your employee handbookCommunicate the policyProvide annual employee trainingEmployees sign off on policy annuallyEnforce the policy as it is writtenInvestigate all complaintsResolve complaints promptlySexual Harassment Best Practices

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style26The Virtual HR Director, LLC 2011Train managers on how to discipline employeesCommunicate and documentIf discipline is not written, it doesnt existIf document isnt signed, it doesnt existHonest communicationFollow proper steps when terminating over 40 Termination Best Practices

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style27The Virtual HR Director, LLC 2011FMLA401K PlansPatient Protection and Affordable Health Care ActAdditional TopicsClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style28The Virtual HR Director, LLC 2011Family Medical Leave ActRequirements50 or more employeesWorked for 12-months at the companyWorked 1,250 hours (avg. 24-hours per week)Employee Entitled Up to 12 consecutive weeksUnpaid leavePersonal illness, birth of a child, adoption, foster careIntermittent leave (hourly, daily or weekly)Reduced schedule to care for loved one Care for spouse, child under 18, parentFMLA

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style29The Virtual HR Director, LLC 2011Ensure compliance with ERISA and DOLCommon MistakesFollowing plan document guidelines?Is there an investment policy in place that is followed? Are fees and investment performance reviewed annually?Are participant fees disclosed?Are quarterly or semi-annual fiduciary reviews conducted?

401K Plans

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style30The Virtual HR Director, LLC 2011Health Care ReformEffective January 1, 2014, any business with 50 or more employees will have to offer health care or pay penaltyPenalty starts at $40,000Increases $2000 for each additional worker over 50Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title stylePlan RequirementsPlan must cover 60% of health care expensesMust cost employee less than 9.5% of his/her family salaryIf coverage deemed substandard, penalty goes to $3,000/employeeClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title styleIndividual MandateEveryone must have some sort of coverage by 2014Entrepreneurs will have to buy for themselvesNot complying will cost $95 or 1% of income (higher of the two)Exchanges up and running by 2014

Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style33What we doProvide strategic and tactical HR solutions for small businessPart-time HR DirectorStarting at $1,000 per monthAnnual Membership Program$500 per yearOur CompanyClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style34The Virtual HR Director, LLC 2011$500 per yearMembership ProgramClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style35The Virtual HR Director, LLC 2011Compliance AuditRecommendations to Mitigate RisksCustomized ApplicationOnboarding Checklist with all employment formsI-9 Training (Power Point)Reference Request formFair Credit Reporting Release formEmployee Orientation Power PointExempt v. non-exempt reviewContractor v. employee review

Membership ProgramClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style36The Virtual HR Director, LLC 2011Hazardous Communication Training Power PointOSHA Forms (301, 300, 300A) TrainingCustomized Employee HandbookOnline Sexual Harassment Training VideoOnline Training on How to Communicate and Document Discipline8 Job descriptions8 Performance evaluations linked to business profitabilityWill create any HR tool you need to run your businessMembership Program cont.Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style37The Virtual HR Director, LLC 2011Unlimited phone calls or emails to review employee issues, questions or concernsEmployee performance issuesHR compliance issuesContractor v. employee Exempt v. non-exemptRecruiting and retention challengesEEO & harassment complaintsSafety challengesMembership Program cont.Click to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style38The Virtual HR Director, LLC 2011Gary Wheelergary@thevirtualhrdirector.com678-997-0017http://www.thevirtualhrdirector.com

QuestionsClick to edit Master text stylesSecond levelThird levelFourth levelFifth levelClick to edit Master title style39The Virtual HR Director, LLC 2011