HR compliance is a critical role of any human resources department. Aside from protecting you from costly fines and penalties, compliance also has a positive influence on employee performance and development, retention, and hiring. This is why a comprehensive HR compliance checklist is such a valuable tool for HR managers. It helps you stay compliant, and it facilitates the development of your business.
In this post, we will start by explaining what an HR compliance checklist is, and why it is such a vital component of your HR audits. We will also share an HR compliance calendar with a timeline of important compliance dates in 2022 that you need to be aware of.
- What is an HR Compliance Checklist?
- HR Compliance Calendar: Dates to Remember in 2022
- Tools to Help with HR Compliance
Compliance is an integral requirement of the Human Resources department. As an HR manager, you need to be aware of all state, federal, and national laws and ensure every level of your company adheres to standards and legal obligations.
So, what’s the best way to do this?
Given that laws are constantly evolving, the best way to ensure compliance is by conducting regular compliance audits. A compliance audit will help you ensure are complying with all requirements.
- Fair Labor Standards Act (FLSA)
- Affordable Care Act (ACA)
- Americans With Disabilities Act (ADA)
- Occupational Safety and Health Act (OSHA)
- Family and Medical Leave Act (FMLA)
- The Equal Employee Opportunity Commission (EEOC)
An HR compliance checklist is used by HR to prepare for a compliance audit. Think of it as a roadmap to ensure all aspects of legal compliance are reviewed during your audit.
So, what should you include in your HR compliance checklist?
There are a number of aspects that will affect how comprehensive your audit needs to be, but generally speaking, your checklist should be broken down into the following categories:
- Recruiting and Interviewing
- Hiring Procedures
- Policies and Procedures
- Health & Safety
- Employee Handbook
- Social Networking
- Sexual Harassment, Bullying, and Drugs
- DiSC Program
- Affirmative Action, EEO, and Veterans Checklist
- Management Training
- I-9 Forms
- Employee File
- Unemployment Benefits
- Working Time
Aside from drafting an HR Compliance Checklist, you also need to prepare an HR Compliance Calendar to ensure you stay on top of all important compliance deadlines.
The following list is not exhaustive, but it does highlight some of the most important dates for your 2022 calendar.
January 31, 2022
The first compliance deadline in 2022 that you need to be aware of is January 31. This is the due date for filing 2021 Forms W-2, W-2AS, W-2CM, W-2GU, W-2VI, W-3, and W-3SS with the SSA, whether you file using paper forms or electronically.
Every employer engaged in a trade or business who pays remuneration for services performed by an employee must file a Form W-2 for each employee. Employers who fail to file by this date will be deemed non-compliant and face penalties.
The IRS advises employers to start preparing forms before the due date to allow time for correcting W-2 errors.
You can find further information on the IRS website.
March 1, 2022
The second compliance deadline in 2022 that you need to be aware of is March 1st.
This is the final date for filing Form M-1. This form is used to report information concerning any Multiple Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs). It is also used for reporting information for compliance with Part 7 of the Employee Retirement Income Security Act (ERISA). This establishes minimum standards for pension plans in private industries.
Forms can only be submitted electronically so make sure you check the process well in advance to avoid any potential technical issues. Also, keep in mind that each state regulates MEWAs differently, so make sure you are aware of your specific responsibilities.
You can find further instructions for Form M-1 here.
March 2, 2022
The next date for your HR Compliance Checklist is March 2, 2022.
If you are a large business (250 employees or more), then you are legally obligated to post the previous year’s OSHA summary of injuries and illnesses (Form 300A) by this date.
The OSHA Form 300 is a form for employers to record all reportable injuries and illnesses that occur in the workplace, where and when they occur, the nature of the case, the name and job title of the employee injured or made sick, and the number of days away from work or on restricted or light duty, if any.
OSHA compiles this data to evaluate workplace safety and understand industry hazards to implement new strategies that prevent future injuries.
You can submit this form electronically by completing an Injury Tracking Application (ITA).
March 31, 2022
If you are self-insured and not considered an Applicable Large Employer (ALE), then your next HR compliance checklist deadline will be March 31. This is the deadline for submitting information to the government about the health benefits you offer and your employees’ enrollment status. This is done via electronic forms 1094-B (Transmittal of Health Coverage Information Returns) and 1095-B (Health Coverage Information Return).
March 31 is also the HR compliance deadline for EEO-1 reports. This is a mandatory annual data collection that requires all private-sector employers with 100 or more employees to submit demographic workforce data, including data by race/ethnicity, sex, and job categories. This data is then used by Federal agencies to enforce civil rights and analyze employment patterns in different industries.
Visit the EEO-1 Component 1 website for the latest filing updates and additional information (unlike this year, there will be no Covid extension in 2022).
July 31, 2022
The Affordable Care Act imposes a fee on issuers of specified health insurance policies and plans sponsors of applicable self-insured health plans to help fund the Patient-Centered Outcomes Research Institute (PCORI). The fee, required to be reported only once a year on the second quarter Form 720, is based on the average number of lives covered under a policy or plan.
So, what are these payments for?
According to the IRS, they are used to “assist, through research, patients, clinicians, purchasers, and policy-makers, in making informed health decisions by advancing the quality and relevance of evidence-based medicine.”
For more information on whether a type of insurance coverage or arrangement is subject to the fee, see this chart.
December 31, 2022
Lastly, the final compliance deadline in 2022 to be aware of relates to the CARES Act (The Coronavirus Aid, Relief, and Economic Security Act). The CARES Act enabled employers to defer mandatory payroll tax contributions in 2020. Employers were able to repay owed contributions over two years. The first 50% is payable this December 31, 2021. The remaining 50% will be due for repayment on December 21, 2022.
If this applies to your company, then make sure you include this date in your HR compliance calendar for next year.
Aside from designing a comprehensive HR Compliance Checklist and HR Compliance Calendar, you also need to make sure you can rely on the right tools to help ensure compliance. This is because the right tools will help you avoid any costly compliance errors and maintain consistency across all departments in your company.
An effective tool will also improve communication, document management, and reporting processes so that your policies and processes run as efficiently as possible.
For example, Factorial’s ‘all-in-one’ centralized HR software platform includes a vast array of features that help your company stay labor compliant. In addition to features that help ensure compliance, our applications include time tracking, time-off management, applicant tracking systems, shift management, performance management, reporting and analytics, and document management systems.
What’s more, by implementing Factorial’s people management software solution you also get the following benefits:
- Increased efficiency and productivity
- Improved visibility
- Improved customer experience
- User-driven innovation and optimized performance
- Accuracy and regulatory compliance
- Improved reporting in real-time
- Centralized HR processes and secure data storage
Sign up now and start improving your HR management with Factorial!