Developing an effective HR compliance program

[John Robinson]

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Organizations need to devote substantial time and effort into developing an effective HR compliance program. Development of an effective HR compliance program is a strong safeguard against unsavory and avoidable legal issues that could result from a shoddy HR compliance program or improper implementation.

Developing an effective HR compliance program is a must for organizations that could be in any business. A basic doubt in the minds of many people could be this: What has HR got to do with compliance? Isn’t compliance for only those in charge of implementing regulatory requirements? Yes, that is true. This is also what answers the question of why developing an effective HR compliance program is necessary: It is a regulatory requirement.

There are many regulations pertaining to HR. These regulations have come into existence because of the importance of proper hiring policies. Since HR is tasked with recruitment and everything else following this; HR compliance becomes necessary to ensure that the organization does not face legal hurdles vis-a-vis its hiring, working and firing policies. This is a primary reason for which developing an effective HR compliance program is a must.

Compliance is needed with various lawsOver the past few decades, successive US governments have enacted laws that have had a very major bearing on employment. Compliance with the various laws relating to employment, such as the Equal Employment Opportunities Act, Age Discrimination in Employment Act (ADEA) and Americans with Disabilities Act (ADA) is mandatory for organizations that come under their purview. Further, there are laws such as The Fair Labor Standards Act (FLSA), which was enacted to ensure that the employee does not get exploited by getting underpaid for the work she does.

Similarly, the OSHA standards are meant to ensure that the workplace is free of hazards. Depending on the kind of workplace, many OSHA provisions have to be complied with. In short, there are a host of employment laws that organizations have to comply with.

Developing an effective HR compliance program has to take all these laws into consideration and has to spell out the way in which it will ensure that the organization complies with the laws.

HR compliance is not a fixed or limited action planThe starting point to developing and implementing an effective HR compliance program is the realization that an HR compliance program is a journey, not a destination. This is why: it consists of a set of processes that relate to the various HR laws. There should be process for implementing recruitment laws. Due diligence must go into the recruiting methods to ensure that no wrong step was taken in the recruitment process.

Then, there should be processes for the implementation of the next set of laws, those pertaining to employment conditions. When developing an effective HR compliance program, anti-discrimination laws, laws on sexual harassment, laws on dealing with violent employees or those who have addiction problems, laws on workplace safety and many others need be taken into consideration and carefully complied with.

Finally, there should be those dealing with legally tenable terminations.

Prerequisites for implementing an effective HR compliance programGiven the importance of developing an effective HR compliance program, the following are some of the conditions that will help to make it effective:

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