Tag: Compliance

(SHRM and HRCI credit available) December 11, 2018, at 8:30 a.m. Pacific Save me a spot! Throughout the year, ThinkHR’s human resources and legal knowledge teams track new legislation and regulatory changes while monitoring workplace trends and HR best practices. It’s been quite a year, with political gridlock at the federal level creating more employment…

Question: Should we report the poor results from a company-conducted hearing test on our OSHA 300 log for the temporary agency employees working here? Answer: If the tests/results are an occupational requirement for your regular and/or temporary agency employees performing duties under your supervision, then those results would need to be recorded on your OSHA…

Question: We had 100 employees for a portion of last year but for the rest of the year we had less than 100 employees. Are we required to file an EEO-1 report? Answer: According to the regulations, the report must be based on an employer’s employee headcount (no applicants or nonemployees such as independent contractors)…

Question: Our firm split into two companies. One kept its federal Employer Identification Number (EIN) while the other got a new EIN. Should the company that branched off do new I-9 forms for the employees they took with them? They have their original personnel folders. Answer: Whether or not the employer processes new I-9 forms…

Question: Are there limitations for reinstatement when an employee is on leave under Pregnancy Disability Leave (PDL) and the company has changed shift schedules for all employees? Answer: Under Pregnancy Disability Leave (PDL), a woman who takes a pregnancy disability leave and returns within the four-month period is guaranteed the right to return to her…

Question: Our employee’s work permit will expire soon. His attorney says we should accept the application receipt and that it is valid for 90 days. Is this correct? Answer: In regards to employment authorization, employers can accept certain receipts from employees. If the receipt validates an application from the proper authority for an expired document contained…

Question: Can you tell me the reason we need to keep the original employment application in the personnel file? Answer: There is no law requiring an employer to keep the employment application on file. Employers that do keep the employment application on file most likely do so because it is a signed document completed by…

Question: How do I know if an employee’s self-disclosed medical condition needing accommodation is covered under the Americans with Disabilities Act (ADA)? Answer: The ADA does not outline specific ailments or disabilities which qualify under the ADA, but defines a disability as a“…physical or mental impairment that substantially limits one or more major life activities….”…