Posted By Bob Dunlevey of Taft Law, Wednesday, January 23, 2019
With the New Year comes a time of re-examination, resolve and resolutions for most businesses. One of the best ways to get a good start on legal issues is to perform a self-audit to make sure your legal affairs are in order. This will assist in keeping your company from being entangled in costly, time consuming legal matters throughout 2019. You know the old “ounce of prevention” saying – it certainly is true when it comes to legal matters. Use the following checklist:
Corporate Affairs
Has the annual corporate meeting been conducted and minutes prepared?
Is the minute book up to date as to designated officers, directors, shareholders and key events including yearend bonuses? Are the documents signed?
Does your minute book reflect new banking and financial arrangements?
Are your benefit plans, profit sharing/retirement plans in full compliance with the law and do you have a plan for benefit cost containment such as a medical reimbursement plan?
Have you changed your mileage allowance?
Does your buy-sell agreement contain updated valuation information?
Have you consulted your CPA regarding recent tax changes?
Employment Practices
Are your personnel records complete and up-to-date? I-9s all in order?
Have you applied your records retention policy to discard unneeded personnel records?
Are you federal/state bulletin board postings current? What about the new minimum wage?
Have attendance records been reviewed so you can identify the abusers and place them on an action plan?
Are your employment forms accurate and in compliance with the law?
Is there anyone on a leave of absence needing review for return or termination?
Is your employee handbook current as to names of individuals listed and procedures to be followed?
Do you have updated FMLA, harassment, alternate duty and substance abuse policies?
Are your wage rates competitive -- do you have unequal pay rates for employees doing comparable duties?
Workers’ Comp
Do you have a cost containment plan to control premiums?
Have you analyzed your major claims to see if they can be eliminated through negotiated settlements?
Is your claims handling procedure effective and well known by your administrative staff?
Have you spoken with your third party administrator about how you will coordinate your efforts to better manage claims in 2019?
OSHA
Are your training requirements met?
Are your logs and documentation in order?
Is your safety plan up-to-date?
Have you audited your operations to see which OSHA standards are applicable to your facility and whether you are in compliance? – i.e., training and evaluation components of such standards as material handling equipment and personal protective equipment.
Have you introduced new chemicals into the workplace requiring amendment to your HazCom program?
The list could go on forever. But, the point to be made is -- do a self-audit now and save a headache or two in 2019. For more information, use your Legal Services Plan and contact Bob Dunlevey at Taft Law – (937) 641-1743 or email rdunlevey@taftlaw.com.