Practices
Personnel Policies and Practices
In this article, we have provided a list of the personnel policies and practices required for all companies, based on the number of employees.
One or More Employees:
- Wage and Hour Regulations (including overtime) for nonexempt employees (California Industrial Welfare Commission Orders)
- Federal Wage and Hour Provisions (FLSA)-(Applies to employers engaged in interstate or foreign commerce with yearly gross sales of $500,000)
- Employee Polygraph Protection Act
- Sexual Harassment Policy
- Military Duty Leave Policy
- Military Service Policy
- Occupational Safety and Health Act (OSHA) Regulations
- Employee Injury/Illness Prevention Plan - California SB 198
- Workers' Compensation Insurance Coverage's (State regulations)
- Hazardous Communications Act (if there are hazardous materials/chemicals at site)
- Immigration Reform Act
- Time Off to Vote Policy (California)
- Time Off for Election Officers Policy (California)
- Federal and State Withholding and Unemployment Tax, Social Security Tax and Medicare Tax Rates.
Five or More Employees:
- Equal Employment Opportunity (Employment Discrimination - Title VII)
- California Fair Employment Laws (FEHA)
- California Pregnancy Disability Leave Act
15 or More Employees:
- Americans With Disabilities Act
20 or More Employees:
- Continuation of Medical and Dental Benefits under COBRA (if there are Medical/Dental Plans)
- Age Discrimination in Employment Policy
25 or More Employees:
- Accommodation for Drug/Alcohol Rehabilitation Policy
- School Visits for Suspended Child Policy (California)
- Literacy Education for Employees Act (California)
- Health Maintenance Organization Mandate (if there is a Medical/Dental Plan)
50 or More Employees:
- California State Family Care and Medical Leave Act (if in a 75 mile radius of work site)
- California State Family Care and Medical Leave Act (if in a 75 mile radius of work site)
100 or More Employees:
- Employee Information Reports (EEO-1 must be filed)
- California Employer Information Reports (CEIR must be filed)
- Applicant Flow Log (back-up for EEO-1 and CEIR)
- Omnibus Budget Reconciliation Act of 1993 (OBRA) requires employers to file Health Care Information for Employer Plans primarily to Medicare.
- Summary Plan Descriptions Annual Report Form 5500 required under ERISA (e.g., Health & Welfare Plans, Retirement/Pension Plans, Severance Plans, Etc.)
Federal/State Contractors:
- Handicapped AAP (Federal Contracts of more than $2,500)
- Drug Free Workplace (State or Federal Contracts of $25,000 or more and under Department of Transportation [DOT] regulations)
- Affirmative Action Plan (contract with the State or Federal Contracts of $50,000 or more and 50 employees or more)
- Veterans - Vet - 100 Report (must be filed for contracts for $10,000 or more)
- Prevailing Wage, Fringe Benefits and Overtime Requirements as follows:
- Federal:
- Davis-Bacon Act (on-site construction contracts)
- Walsh Healey Public Contractor Act
- Service Contract Act (McNamara O'Hara Act which governs service provided to Government through service employees)
- California State:
- California Public Works Act (includes any construction, alteration, demolition or repair work performed under state contract for the state)
In addition to the above required policies we recommend these "Discretionary Policies" to avoid potential lawsuits and/or fines:
- Employment
- Salary Administration
- Complaint Procedure
- Release of Personnel Information
- Disciplinary Action
- Personnel Files and Record Keeping
- Termination
- Wage Garnishments and Assignments
- Independent Contractor
- On all Employee Benefits not shown above
Companies not in compliance with these complex rules are subject to risk of penalties and lawsuits. If you need assistance in drafting or adopting any of these policies for your business, please contact our office. We will help you find a human resource specialist to consult in this area.