Compliance and Government (HR)

In continuing with the Blog series, I had a nice opportunity to speak to Bob Tarver. Bob is an HR Professional with many years of experience, and is looking for a new opportunity. You can connect with Bob www.twitter.com/BobTarver  We discussed Compliance and Government in HR.  Here are the takeaways from our conversation.

HR compliance is an important component in today’s business environment.  There are many legal issues that must be considered when operating a business. Several federal laws that are due much consideration are the FLSA, Sexual Harassment, Title VII, ADA, and ADEA.  If an organization does not understand, or fails to acknowledge its human resources responsibilities, there could be serious repercussions.

Here are 3 most current issues on the forefront of HR Compliance:

  1. E-Verify :  E-Verify is an internet based system that allows an employer using information reported on an I-9 to determine eligibility of an employee to work in the U.S.  The premise of  the system is to reduce unauthorized employment, reduce verification related discrimination, protect civil liberties, and enhance employee privacy. Results are returned in 3-5 seconds. Criticisms of E-Verify are inaccurate databases, and actual legality of the regulation. 

 

2.        I-9  The I-9 form has always been an issue for human resources.  Issues include how long to keep the form, making sure it is kept separate from the employee file in case of an audit, and proper completion and signature of the document. Employers can not require additional documents more than what is necessary to complete the form.

3.Free Choice Act:  The intent to amend the National Labor Relations Act to enable employees to form, join, and assist in labor organizations provide for mandatory injunctions and unfair labor practices during organization efforts.  If the EFCA is enacted, it would take away the employees ability to decide whether to use the card-check process, or hold secret-ballot elections among the employees in a particular bargaining unit. The bill provides that workers who choose a union can obtain a contract.  What would be a concern is that union officials can ise a “strong-arm tactic” to have the employees announce their vote. This legislation on face value appears to be taking away the rights of employees to decide to have a “secret ballot” vote just as they do in electing their public issues.

As it currently stands, there have been several changes and amendments to the proposed EFCA legislation.   Only time will tell if it comes to fruition or not.

What are the solutions to these HR issues?

Let’s get the conversation started on this very HOT topic!

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4 responses to “Compliance and Government (HR)

  1. I could go on for hours about E-verify – in fact, I just might… but over on the Junkyard where I’m not taking up your real estate.

    Suffice it to say the e-verify and I-9 situation is a necessary evil – and honestly takes about 30 seconds when all is said and done.

    EFCA – that’s another thing altogether. I’m not a union proponent, but I have seen situations where the working environment would have improved with the presence of one. I’ve always lived with the idea that if its REALLY that bad, the employees will no longer work for that employer, and they will change their ways, or close the doors. Sadly, there are plenty of people out there that will take any job they can get, no matter how their employer treats them.

    Loving this series Shennee, you bring up soem great points.

  2. Thanks Tammy! I have really enjoyed writing the posts, and collaborating with some really talented people including you!
    Appreciate the readership and comments.
    Shennee

  3. Thanks for your post, Shennee,

    My concern about increased compliance issues and requirements is this: as this continues, the HR profession needs to contribute additional energies which become increasing transactional in nature, rather than transformational.

    Is this where any of us want to be? I don’t think so….. We want to be creative and innovative, not reactive and compliance-driven.

    How can we get slacking companies to do the right thing without enacting mandates that crimp all of our styles? That’s the question.

  4. THANKS! We will have to keep this going and see who else we can have weigh in. Definately an issue affecting HR. Appreciate your readership and comments.

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