HR Tools:

 

Compliance List

 

Poster Sources

 

Interview Guideline

 

Record Retention Requirements

Compliance List

Legal Requirements by Employer Size

  • 1 or More Employees:
    • Federal and State Wage and Hour Laws
    • Federal (EDD) Report of New Employee(s)
    • Federal (EDD) Report of Independent Contractors(s)
    • State Harassment Prohibitions
    • Worker’s Compensation
    • Unemployment Compensation
    • Immigration Laws (except anti-discrimination provisions)
    • Child Labor Laws
    • Labor-Management Relations Laws
    • Privacy Laws
    • Occupational Health and Safety Laws
    • State HIPP Notification Laws
    • State Disability Insurance
  • 5 or More Employees:
    • California Anti-Discrimination Laws (race, color, sex, national origin, age, ancestry, physical disability, religious creed, marital status, sexual orientation, veteran’s status and medical condition)
    • Federal Immigration Laws
    • California’s Pregnancy Disability Law
  • 15 or More Employees
    • Federal Anti-Discrimination Laws (EEO)
    • American’s with Disabilities Act (ADA)
    • California Anti-Discrimination Law (mental disability)
  • 20 or More Employees (for 50% of the calendar year)
    • COBRA (health insurance continuation)
  • 25 or More Employees
    • Need to accommodate employee revealing an illiteracy problem
    • Federal and State Drug Free Workplace Acts
    • Health Maintenance Organization Act
    • Time off for school activities of employee’s children
  • 50 or More Employees
    • Federal and State Family and Medical Leave Acts
    • Affirmative Action Programs (government contractors and subcontractors)
    • EEO Reporting Programs (government contractors and subcontractors)
  • 100 or More Employees
    • Federal WARN Act (notification to employees in large layoff situations)

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Poster Sources

U.S. Department of Labor
Wage-Hour Division
211 Main Street, Room 341
San Francisco, CA 94103
(415) 744-6620

State of California
Fair Employment and Housing Department
P.O. Box 603
San Francisco, CA 94101
(415) 555-2005

Industrial Welfare Commission
State of California
P.O. Box 420603
San Francisco, CA 94124-0603
(415) 703-5281

State of California
Offices of the Div. Of Occup. Safety & Health
2010 North First Street
San Jose, CA 95131
(408) 703-3451

Equal Employment Opportunity (EEO)
901 Market Street, Room 341
San Francisco, CA 94103
(415) 744-6500

State of California
Employment Development Department
200 Capital Ave.
Sacramento, CA 95804
(818) 247-1321

State of California
Department of Industrial Relations
P.O. Box 420603
San Francisco, CA 94124
(415) 703-5281

 

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Interview Guidelines

The objective to an interview: to gain as much specific, job related information as possible to determine is the candidate is the right fit for the job both technically and culturally.

   Questions give you the answers that tell you about the candidate’s:
       Attitudes (values and interest in the job)
       Skills (technical experience)
       Knowledge (their ability to explain their experience)

One of the most successful types of interviewing used is the team approach process, which is to provide more information to the candidate and to gather more information from the candidate than could otherwise be achieved on your own.
         -Choose the interview team
         -Prepare the interview team
                 -Have someone in charge of the interview process
                   (Ideally one person from beginning to end)
                 -Confirm that everyone has received a copy of the resume
                 -Confirm that everyone knows when and where the interview is to take place
         -During the interview
                 -Observe closely and listen carefully
                 -Allow silence
                 -Seek contrary evidence
                 -Control the interview
                 -Take notes
         -Assign specific skill areas to be evaluated by each interviewer during the interview process
         -Be prepared with specific questions that can be used to evaluate a skill
         -Probe for specific instances when a skill was used
                 -Ask open-ended questions
                 -Ask for examples when the candidate is giving an answer
         -Lead the debrief with the interview team immediately following each interview to
                 evaluate the candidate
                       -Make evaluation based on full evidence
                       -Evaluate Behavior According to skills criteria, not according to your personal values
                       -Use relevant behavioral examples as a basis for evaluation
                       -Consider how independent the person’s actions are
                       -Establish a benchmark for evaluations
         -Always remember to close with the candidate
         -Provide feedback back to the candidate

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Record Retention Requirements

Personnel Data That Must Be Retained:

 

Payroll Records
Includes:  Individual employee wage records; time and day work week begins, regular hourly rate; hours worked each day and total weekly hours; daily & weekly straight-time & overtime earnings; wage tables used to compute straight/overtime pay; deductions from or additions to earnings; wages paid each pay period; and date of payment & period covered by payment.

3 Years
Fair Labor Standards Act (FLSA)
Federal Equal Pay Act
Age Discrimination in Employment Act, 1967 (ADEA)
California Fair Employment Housing Administration (FEHA)

Employee Work Records
Includes: Time cards and shift schedules with hours & days of employees.

2 Years
Fair Labor Standards Act (FLSA)
California Fair Employment Housing Administration (FEHA)

Child Labor Certificates
2 Years
Fair Labor Standards Act (FLSA)
California Fair Employment Housing Administration (FEHA)

2 Years
Fair Labor Standards Act (FLSA)
California Fair Employment Housing Administration (FEHA)

Employee Personnel Files

3 Years After Termination of Employment
California Administrative Code, Title 22

Job Applications, Resumes, and Other Job Inquires sent to an employer.

2 Years
California Fair Employment Housing Act (FEHA)

Help Wanted Ads, Job Opening Notices and Notices for Opportunities for training, promotion, or overtime.

1 Year
Age Discrimination in Employment Act, 1967 (ADEA)
California Fair Employment Housing Administration (FEHA)

First Aid Records of job injuries causing loss of work time.

5 Years
Age Discrimination in Employment Act, 1967 (ADEA)
California Fair Employment Housing Administration (FEHA)

Retirement and Welfare Plan Information

6 Years
Age Discrimination in Employment Act, 1967 (ADEA)
California Fair Employment Housing Administration (FEHA)

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