HR Compliance Training is important for any company, no matter the size. In this article, we outline five key compliance issues that HR leaders need to know about compliance issues, and how doing so could help save your company money and serious legal trouble in the long run
Employment Law and the First Amendment
Employment law is rife with First Amendment issues, and HR leaders need to be aware of them if they want to avoid running into trouble. Here are three key areas to keep in mind:
- Termination for Cause: Under federal law, employers are allowed to terminate employees for any reason at any time, as long as the termination is for “cause” (defined broadly under the law). This means that an employer can terminate an employee without providing a specific reason, so long as the termination is based on some factor other than the employee’s performance or conduct. This provision can give employers a lot of latitude when it comes to disciplining employees.
- Protected Speech: An important part of employment law is protecting employees’ speech – including things they say on the job and in private conversations with co-workers. For example, courts have held that an employer cannot discipline an employee for engaging in protected speech (such as criticizing management) unless the criticism is actually abusive or harassing.
- Retaliation: Retaliation against employees for speaking out about their rights or organizing themselves into unions or other collective bargaining units can also be illegal under employment law. If you believe that your employee has been retaliated against in this way, you may be able to file a complaint with the appropriate agency or sue the company in court.
Data Privacy
Data privacy is an important issue for HR leaders to consider when implementing compliance programs. Many compliance issues can arise from the mishandling of employee data, including the unintentional release of confidential information, unauthorized access to data, and identity theft.
Here are some key considerations for HR leaders when it comes to data privacy:
- Be aware of your company’s data collection policies. Make sure you know what data your company collects and how it is used. This includes understanding what type of personal information your employees provide (e.g., name, address, contact info).
- Ensure that all data is properly protected. Protecting employee data can include encrypting it and limiting access to the files only to authorized personnel.
- Communicate your data privacy policy to employees. Inform employees about the company’s data collection practices and let them know their rights under the law (e.g., the right to be informed about how their personal information will be used, the right to request amendment of their personal information if it’s inaccurate, and the right to file a complaint if they believe their rights have been violated).
- Train employees on how to protect their data privacy. Teach them how to keep their personal information private (e.g., by not providing excessive contact info), dispose of confidential materials appropriately (e.g., by shredding documents instead of throwing them away in general), and take caution when online shopping or signing up for services that require input of data.
Family Medical Leave Act of 1993 (FMLA)
The FMLA allows eligible employees who have worked at least 26 weeks during the previous year to take leave for medical reasons without losing their jobs or benefits. Employees must give their employers at least 10 days’ notice before taking leave, and they are eligible for up to 12 weeks of unpaid leave per calendar year.
Regulatory Compliance Training is essential for HR leaders who want to make sure their organizations are compliant with all of these laws. Compliance webinars can provide a short, informative overview of each issue, while online courses can provide more in-depth coverage. Regardless of the format, compliance training should include discussions about how to put these policies into action in the workplace.
Sexual Harassment
Sexual harassment can be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a person because of their sex. Sexual harassment can take many forms, from subtle comments to repeated offensive behavior.
HR leaders need to be aware of the key compliance issues related to sexual harassment. First and foremost, employers must have an anti-sexual harassment policy in place that is broadly communicated and enforced. An effective policy should detail prohibited behaviors and establish procedures for reporting and investigating incidents. Second, HR leaders should be knowledgeable about the applicable laws governing sexual harassment. Third, they must provide employees with resources such as training materials and support groups that can help them understand their rights and how to report incidents. Finally, HR leaders must monitor workplace climate surveys to ensure that complaints about sexual harassment are being properly addressed.
Constructive Dismissal and Unreasonable Accommodation
One of the most common complaints from employees is that their manager is not carrying out his or her responsibilities in a constructive manner. This can lead to a number of workplace conflicts, which can ultimately have a negative impact on employee productivity. In order to avoid these conflicts, it is important for HR leaders to understand how to handle key compliance issues.
One example of a compliance issue that can cause conflict between employees and managers is sexual harassment. If a manager mishandles an incident of sexual harassment, it could lead to an employee feeling disrespected and unappreciated. This could result in decreased motivation and potentially even resignation. It is important for HR leaders to be aware of these types of dynamics so they can effectively address any violations as they happen.
HR leaders also need to be aware of the different types of accommodations employees may need in order to work effectively. For example, an employee with disabilities may need accommodations such as extended breaks or modified work schedules. If the accommodation is not available or reasonable, the employee may feel frustrated and unsupported at work. HR leaders should make sure they are constantly monitoring policies and procedures in order to ensure everyone is being treated fairly and with respect.
Conclusion
HR leaders face a number of compliance challenges every day. From ensuring that their employees are following company policy to preventing illegal activity, HR personnel need to be well-informed about the latest compliance issues so that they can take action when necessary. In this article, we outline five key compliance issues that HR leaders should be aware of. If you want to stay ahead of the curve and ensure your organization is meeting all applicable legal requirements, read on!
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