Human Resources Best Practices 2013
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The document discusses human resources best practices and compliance with key employment laws. It addresses the Americans with Disabilities Act Amendment Act (ADAAA) regarding reasonable accommodations and leave. It also covers the Fair Labor Standards Act exemptions for duties and pay deductions. Finally, it summarizes the Form I-9 process for verifying employment eligibility and issues around proper documentation and retention.
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Question 1. Are credit checks performed before terms are granted to customers? Describe the process.
Conducting credit checks is highly recommended prior to setting terms granted to customers. In this way, the business owner would be able to prevent bad debts that would affect the company’s financial status.
To do so, the business must run a credit check on customers. Some private institutions provide credit services wherein they run background checks on individuals. The business may opt to charge customers with a credit check fee and then have them fill in forms where the customers consent to having a credit check run. After the results of the credit check, the business may then decide whether to transact with a customer. If they agree to a transaction, the business sets the terms depending on the customer’s credit background, particularly his or her ability to pay for rendered products or services.
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Prior to signing the contract, agreements during sales include policies on return and exchange, the purchase price, the description of the product or goods being sold, warranties, description of how the goods will be delivered, and other notes agreed upon by the buyer and the seller.
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The Accounts Receivables turnover must be high for the business to ensure that it does not incur bad debts.
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To receive payments from customers including the receiving of the mail, opening the mail, recording transactions, and making deposits into the bank, the business owner should have initially recorded the terms of the receivable during the time of sale. After receiving and opening the mail, the transactions must be recorded using invoices. After keeping track of the flow of cash through invoicing, the receivables may be forwarded to the auditors and accountant. The business owner would then make a decision on how it would be deposited in the company’s bank.
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- 1. Human Resources Best Practices Kenneth M. McGee II, CIC Vice President, Business Solutions Clark-Mortenson Insurance
- 2. Overview • Legislative Requirements • Pitfalls • Risk Management Best Practices • What are the top areas we see violations and employers struggle • ADAAA, FLSA, Form I-9
- 3. Americans with Disabilities Act Amendment Act (ADAAA) • How are benefits continued during a leave of absence? • How must an individual request a reasonable accommodation? • What must an employer do after receiving a request? • May an employer ask for documentation? • Is an employer required to provide the reasonable accommodation the employee wants?
- 4. ADAAA (continued) • How quickly must an employer respond to a request? • Can an employer penalize an employee for time missed, for leave taken as a reasonable accommodation? • Must an employer allow an employee with a disability to work a modified part time schedule? • Is a probationary employee entitled to re-assignment? • Must an employer withhold discipline or termination of an employee who violated a conduct rule?
- 5. Fair Labor Standards Act • Why are actual duties rather than job titles or descriptions important when determining exemption? • What does independent discretion and judgment and matters of significance mean in the context of FLSA exemptions? • Why can’t an employer dock an exempt employee’s pay for most partial day absences? • In what situations may you dock an exempt employee for a full day absence?
- 6. FLSA (continued) • Can inside Sales employees be exempt? • Break time for Nursing Mothers • Are we required to provide rest and meal periods? • Do we need to pay our employees when they attend lectures, meetings, or training programs? • When do we pay for travel time? • When can I call them independent contractors?
- 7. Form I-9 • Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and re-verifications. • Employers may continue to use previously accepted revisions (Rev. 02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013. • After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
- 9. Form I-9 issues • Do I need to complete a form I-9 for everyone who applies for a job? • Can I fire an employee who fails to produce the required documents within three business days? • May I specify which documents I will accept? • What is my responsibility concerning the authenticity of document(s) presented to me?
- 10. Form I-9 (continued) • I noticed on the Form I-9, under List A, there are separate spaces for document numbers and expiration dates. • When I review an employees’ identity and employment eligibility documents, should I make copies of them? • What should I do if I rehire? • What are the requirements for retention? • Does the law apply to employees if I hired them before November 7, 1986? • May I continue to use earlier versions of the Form I-9?
- 11. Kenneth M. McGee II, CIC Email me at: kmcgee@clark-mortenson.com Follow me on Twitter: @skipmcgee30 Connect with me on FB at: facebook.com/KennethMcgeeII