peoplematter: 10 common compliance traps and how to avoid them webinar

10 Common Compliance Traps and How to Avoid

Them

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Panelists Debbie Hauss Editor-in-Chief

Retail TouchPoints

MODERATOR

Ryan GlushkoffDirector - Product MarketingPeopleMatter @NoMoreGuff

Anna TurnerProduct OwnerPeopleMatter @PeopleMatter

PeopleMatter is a powerful and complete online workforce management platform, designed to fit "the specific needs of brands who want the most in exceptional customer service and intuitive software.

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10 Common Compliance Traps and "

How to Avoid Them

Trap #1: Mind the Act


The law requires all Americans to have health coverage by 2014 or pay a per month fee without coverage


The law requires all Americans to have health coverage by 2014 or pay a per month fee without coverage All full-time workers who work for companies with over 50 employees must be offered job based health coverage by 2015


The law requires all Americans to have health coverage by 2014 or pay a per month fee without coverage All full-time workers who work for companies with over 50 employees must be offered job based health coverage by 2015 A firm can avoid the mandate by having fewer than 50 people working full-time or by limiting scheduled hours to less than 30 hours per week


First, if you are hiring more workers to stay below the 30-hour per week threshold, make sure you are staying compliant.

Second, use scheduling software to track the number of hours worked - particularly for those part-time employees who are hovering around the 30 hour per week mark.

Trap #2: Overtime

Trap #2: Overtime

Exempt Employees - Not required to pay overtime Non-Exempt Employees - Required to pay overtime

Trap #2: Overtime

Use Scheduling Software

(This stuff is complicated)

DEMO Trap #2: Overtime

Trap #3: I-9 for Every Hire


Fines

$1M

2009 2012

$13M# of Audits

3,000

250

2007 2012


Of individuals criminally arrested, 240 were owners, managers, supervisors or HR employees

Half of the audits in the second half of 2009 were businesses with under 25 employees


For every person that has been hired for employment on or after November 6, 1986, employers must complete and retain Forms I-9 for those persons.

DEMO Trap #3: I-9 for Every Hire

Trap #4: Test E-Verify Users


Public employers and/ or contractors

All or most employers

Optional, rescinded, or expired

Employers through local or municipal requirement only


70%

out of a minimum 10 question test)

DEMO Trap #4: Test E-Verify Users

Trap #5: Keep Proof

Trap #5: Keep Proof

1. I-9 data has not been compromised

2. All changes to the I-9 data are monitored

3. Track all I-9 transactions

4. Link the I-9 records to the electronic signature.

DEMO Trap #5: Keep Proof

Trap #6: Knockout Questions


Lower productivity

Overworked remaining staff

Lost knowledge

Training costs

Interviewing costs


The goal should be to attract as many applicants as possible and interview as few as possible.


What religion are you? What church do you go to? Are you married? Do you have children? Do you plan to start a family? Are you a citizen? What country do you come from? What is your maiden name?

Don’t ask questions like this…


Do you have a disability that will prevent you from doing this job? Will your disability interfere with your ability to do this job? How many days were you sick last year? Do you have (name of disease)? How old are you? When did you graduate from high school?

Don’t ask questions like this…

DEMO Trap #6: Knockout Questions

Trap #7: Obey the EEOC

Trap #7: Obey the EEOC

“Every employer, employment agency, and labor organization shall make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed.”

DEMO Trap #7: Obey the EEOC

Trap #8: Mind the CFPB

DEMO Trap #8: Mind the CFPB

Trap #9: Tax Forms

Trap #9: Tax forms

Trap #10: Tax Credits

Trap #11: Capture Tax Credits

WOTC Geographic

State & Incentive FICA-Tip

$$$$

DEMO Trap #10: Tax Credits

Recap of the Compliance Traps

1) Mind the Healthcare Act

2) Watch Out for Overtime

3) Use I-9s for Every Hire

4) Test E-Verify Users

5) Keep an Audit Trail

6. Use Knock Out Questions

7. Obey the EEOC

8. Mind the CFPB

9. Use Updated Tax Forms

10. Get Tax Credits

#peoplechat

Panelists Debbie Hauss Editor-in-Chief

Retail TouchPoints

MODERATOR

Ryan GlushkoffDirector - Product MarketingPeopleMatter @NoMoreGuff

Anna TurnerProduct OwnerPeopleMatter @PeopleMatter

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