5 most common HR compliance fines
Business compliance can seem complicated, with changes in regulations, business practices, and even workforce demographics. Following are the most common issues your business may face.
- Form I-9. New employees must complete this form, verifying that they are legally allowed to work in the U.S. the first day of employment. You must complete the employer section of the I-9 form within three days of the employee’s start of work at your company. Failing to complete the I-9 form, or employing someone who is not permitted to work in the U.S. can result in fines.
- Affordable Care Act (ACA). A business that is considered an applicable large employer (“ALE”) may be subject to ACA-related penalties if it fails to offer affordable coverage that provides at least minimum value to one or more of its full-time employees and at least one full-time employee receives a federal premium subsidy for marketplace coverage.There are other regulations that carry penalties for non-compliance if the coverage does not meet certain mandates.
- COBRA. Companies with more than 20 employees are required to meet certain notice requirements and offer COBRA continuation coverage for employees and their dependents for certain events that trigger a termination of coverage.
- Americans with Disabilities Act (ADA). There are steep penalties for discrimination in hiring based on disabilities, and for lack of accessibility in your workplace.
- Fair Labor Standards Act (FLSA). If you violate minimum wage, overtime pay, child labor standards, or recordkeeping guidelines in the FLSA, you are liable for pay back and potential fines.
Partnering with an expert in human resources administration can help you remain compliant with these laws and requirements. Employment lawsuits have increased 400% in the last 20 years.1 In 2015, the private-sector incidence rate of workplace injury or illness was 93.9 cases per 10,000 full-time workers.2 Retaliation charges made up almost half — 48.8% — of all EEOC charges in 2017.3 Working with human resources and workplace safety experts can help protect your business. There are several options available, including various levels of HR outsourcing and Professional Employer Organizations (PEOs).
1“HR Compliance: Ever-Changing Employment Laws Present Challenges for Small and Midsized Companies,” ADP Research Institute
2 “What Was Management Thinking? The High Cost of Employee Turnover,” 2TLNT, 2015.
3 “Charge Statistics (Charges Filed with EEOC) FY 1997 Through FY 2017,” U.S. Equal Employment Opportunity Commission, 2017.