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Federal Labor & Employment Agencies Federal Labor & Employment Laws US State Minimum Wages Affordable Care Act Compliance HR Quick Reference Guides HR Forms & Documents Talent Acquisition
HR Audit for California Employers (Short)
All California Employers
1. Do you separate employee private information and documentation (i.e., medical information) in a separate personnel file from their general employment documentation (i.e., application, performance reviews, etc.)?
2. Do you pay employees overtime for any hours worked over 8 in a single workday?
3. Do you have an Employee Handbook that has been updated in the past 12 months?
4. Do employees working an 8 hour shift receive at least 2 ten minute paid breaks and a minimum 30 minutes unpaid meal period?
5. Is your waiting period for CA employees to enroll in your health plan no longer than 60 days (with the exception of self-insured plans subject to ERISA)?
6. Do you provide your employees with a written document that specifically states that the company is an At-Will Employer and the employment relationship is At-Will?
7. Do you have a written Anti-Sexual Harassment and Discrimination policy?
8. Do you complete a Form I-9 for all employees within the first 72 hours of their start date?
9. If you have employees, do you have a current workers’ compensation policy?
10. Do you have the most recent required state and federal posters available and in an area in which all employees have regular access?
a. Workers’ Compensation Insurance
b. Safety (OSHA/Cal-OSHA)
c. IWC Orders
d. Minimum Wage Order
e. Pay Day Notice
f. Cal/OSHA Form 200
g. Harassment or Discrimination in Employment is Prohibited
h. Notice to Employees Concerning Disability Benefits and Unemployment Insurance
i. Voting Notice
j. Whistleblower Protections
11. If you offer a vacation or PTO policy, is it “use-it-or-lose-it”?
12. Do you provide time off for employees to appear at school on a child’s behalf with regard to school suspension?
13. Do you pay all exempt (salaried) employees at least $37,440 per year regardless of whether they work 30 or 50 hours per week?
14. Do you deduct from an exempt (salaried) employee’s salary if they take 3 days off for jury or witness duty?
15. Do you have a written policy and provide an indefinite leave of absence for employees who are victims or an immediate family member of a crime?
16. Do you provide employees leave for jury or witness duty?
17. Do you provide all of your employees with the following documents and information:
a. Notice to Employees (DE 35)
b. Disability Insurance Provisions (DE 2515)
c. Paid Family Leave (DE 2511)
d. For Your Benefit: California’s Programs for the Unemployed (DE 2320)
e. Notice of Change in Relationship
18. Does an employee’s title determine if they are exempt (salaried) or hourly (non-exempt)?
19. Do you provide terminated employees with their final paycheck on their last day of work?
20. Do you withhold from an employee’s final check if they have retained or haven’t returned company property?
1. Do you separate employee private information and documentation (i.e., medical information) in a separate personnel file from their general employment documentation (i.e., application, performance reviews, etc.)?
2. Do you pay employees overtime for any hours worked over 8 in a single workday?
3. Do you have an Employee Handbook that has been updated in the past 12 months?
4. Do employees working an 8 hour shift receive at least 2 ten minute paid breaks and a minimum 30 minutes unpaid meal period?
5. Is your waiting period for CA employees to enroll in your health plan no longer than 60 days (with the exception of self-insured plans subject to ERISA)?
6. Do you provide your employees with a written document that specifically states that the company is an At-Will Employer and the employment relationship is At-Will?
7. Do you have a written Anti-Sexual Harassment and Discrimination policy?
8. Do you complete a Form I-9 for all employees within the first 72 hours of their start date?
9. If you have employees, do you have a current workers’ compensation policy?
10. Do you have the most recent required state and federal posters available and in an area in which all employees have regular access?
a. Workers’ Compensation Insurance
b. Safety (OSHA/Cal-OSHA)
c. IWC Orders
d. Minimum Wage Order
e. Pay Day Notice
f. Cal/OSHA Form 200
g. Harassment or Discrimination in Employment is Prohibited
h. Notice to Employees Concerning Disability Benefits and Unemployment Insurance
i. Voting Notice
j. Whistleblower Protections
11. If you offer a vacation or PTO policy, is it “use-it-or-lose-it”?
12. Do you provide time off for employees to appear at school on a child’s behalf with regard to school suspension?
13. Do you pay all exempt (salaried) employees at least $37,440 per year regardless of whether they work 30 or 50 hours per week?
14. Do you deduct from an exempt (salaried) employee’s salary if they take 3 days off for jury or witness duty?
15. Do you have a written policy and provide an indefinite leave of absence for employees who are victims or an immediate family member of a crime?
16. Do you provide employees leave for jury or witness duty?
17. Do you provide all of your employees with the following documents and information:
a. Notice to Employees (DE 35)
b. Disability Insurance Provisions (DE 2515)
c. Paid Family Leave (DE 2511)
d. For Your Benefit: California’s Programs for the Unemployed (DE 2320)
e. Notice of Change in Relationship
18. Does an employee’s title determine if they are exempt (salaried) or hourly (non-exempt)?
19. Do you provide terminated employees with their final paycheck on their last day of work?
20. Do you withhold from an employee’s final check if they have retained or haven’t returned company property?
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Employers with 5+ Employees
1. Do you have a written PDL policy to address employees who are pregnant? 2. Do you provide reasonable accommodations to employees with disabling conditions? |
Employers with 15+ Employees
1. Do you have a written policy and provide your employees up to one month of paid leave if they donate an organ? 2. Do you have a written policy and provide your employees up to one week of paid leave if they donate bone marrow? |
Employers with 25+ Employees
1. Do you have a written policy and provide your employees who are military spouses up to 10 days to spend time with their spouse who has been deployed in military conflict? 2. Do you have a written policy and provide your employees with an indefinite leave of absence if they are seeking services or medical attention as a result of domestic violence, sexual assault or stalking? |
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Employers with 50+ Employees
1. If you have at least 50 employees, have all of your supervisors (supervising at least 1 employee) completed the mandatory AB 1825 training for California supervisors within the past 2 years? 2. Do you have a written FMLA and CFRA policy? 3. Do you have written policy addressing leave for Volunteer Firefighters, Reserve Peace Officers, and Emergency Rescue Personnel? |
Employers with 100+ Employees
1. Have you conducted an analysis to understand what you are required to comply with under the Affordable Care Act (Obamacare)? |