HR Problem Prevention Checklist

"Management concerned with employment law liability should be focused on prevention: preventing lawsuits, preventing employee morale problems, and preventing the day-to-day hassles personnel issues can create. The road to success in this area is not paved with good intentions, however. Employers must understand basic human resources principles to avoid the employment law pitfalls that await.

Ensure someone in the organization is familiar with human resources...
Communicate...
Implement legally sound employment documents...
Require employment candidates to pass a background check...
Provide discrimination, harassment, and retaliation prevention training to all employees...
Conduct a wage-hour audit...
Mmanage leave and accommodation issues...
Consider requiring employees to sign a mandatory arbitration agreement...
Ensure all employee benefit plans comply with ERISA...
Communicate. Yes, it bears repeating..."

Read more in this Shaw Valenza LLP article found via the Employment Law Information Network newsletter.

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Information Technology Audit Checklist

This Audit Checklist from the IT Compliance Institute offers:

"228 specific checklist items to help assess your audit-readiness
A breakdown of suggested management, operational, and technical controls
Clarification on what auditors want to see
Pointers on audit preparation, testing, and reporting

The paper supports an internal audit of the organization’s information security program with guidance on improving information security programs and processes, as well as information on assessing the robustness of your organization’s security efforts. The paper is intended to help IT, compliance, audit, and business managers prepare for an audit of information security and, ultimately, to ensure that the audit experience and results are as productive as possible."

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Primer on Equity Based Compensation Plans

Business owners who set up employee incentive plans generally do so to motivate their employees to work harder and smarter. Employee incentive plans also:

* Reward employees for performing (currently and in the past) at a superior level.
* Motivate employees to increase the value of the company.
* Help retain employees through the owner’s exit from the business.
* Begin transferring ownership in anticipation of an owner’s physical departure from the company. This is usually an early step in the exit planning process after the owner has decided to transfer to insiders.

Read more in this article by John Brown found via California Estate and Business Law Blog post.

Technorati Tags: business, management, entrepreneurship, startup, legal

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Domestic Violence Legal Landmine

"A legal landmine awaits unsuspecting employers with regard to domestic violence in the workplace. A misstep could expose an employer to possible claims of discrimination, harassment, retaliation, wrongful termination, failure to accommodate and tort claims...

Assisting domestic violence victims requires a multidisciplinary approach from many resources including law enforcement, health care, social services and the community. Employers can be a proactive partner in this process by working with domestic violence organizations and legal counsel to create a domestic violence workplace program, which includes the following steps:

...Develop a written domestic violence policy...
Provide regular ongoing training...
Provide access to an Employee Assistance Program (EAP) that is experienced in providing services to victims of domestic violence....
Know...[and]establish relationships with domestic violence resource organizations..."

Read more in this San Diego Source article found via the Employment Law Information Network newsletter.

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