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Recruitment and Selection Yes No n/a -
Unsure
Are there standard job descriptions for all positions? Do the job description(s) define essential and non- essential functions of the job?
Do you have an employment application?
Is the employment application in compliance with
state and federal discrimination laws?
Does the application form contain an "at-will"
disclaimer? Are there standard forms for job postings, interview questions and candidate evaluations?
Are interview questions restricted to the job
requirements?
Are hiring managers trained on what types of
interview questions are legal and permissible?
Are reference checks performed for each new hire?
Does the recruiting process comply with federal and state discrimination laws, including making reasonable accommodations for applicants who request it as a part of the hiring process? Are medical exams and/or drug tests conducted only after a conditional job offer? Are all state drug-testing requirements met in the hiring process? Are all job offers presented in writing and contain terms of offer, at-will statement and
Does the employer have any workers characterized
purposes of employment taxes and benefits?
If yes to the above, has the non-employee
arrangement been reviewed by legal counsel to ensure that it meets the state and federal definition
Is there a written agreement with each of these
types of worker(s)?
Employment Policies, Recordkeeping and
Communication Yes No n/a -
Unsure
Are employee personnel files kept in a central,
secure location?
Does the employer have a policy to comply with
employee and former employee requests to review personnel files?
Are supervisors and managers trained to keep
employee performance notes separate of the personnel file? Is medical information maintained in a separate file and protected from disclosure except as permitted by ADA and HIPPA?
Are I-9s kept separate from the personnel file?
Are hiring and payroll forms (federal and state W-4) up to date, signed and kept in the personnel file? Does the employer maintain a status change form to document payroll, demographic and other personnel related changes?
Does the employer have an employee handbook
which accurately describes the current policies of the company?
Does the employer require, on a consistent basis,
acknowledgement of the receipt of the handbook?
Does the employer have a process to regularly
update the handbook and communicate these updates to employees?
Does the handbook contain key employment
compliance policies and information:
At will statement
Equal Employment Opportunity (EEO)
Discrimination and Harassment
Sexual Harassment
Drug Testing (if applicable)
Leave of absence (FMLA, Maine Family Care
Act)
Time off policy/procedure
Discipline/termination procedures
Confidentiality
Conduct expectations
Performance evaluations
Discipline and termination
Benefit plan offerings and eligibility
Does the employer train employees annually on the
prohibition of harassment and discrimination, and are training records kept in the personnel file?
Does the employer have a complaint procedure in
place to address complaints of harassment and discrimination?
Does the employer conduct separate training for
supervisors and managers on identifying and helping to prevent all forms of illegal harassment and discrimination at work?
Does the employer post state and federally
mandated employment law posters?
Maine Required (some dependent on size of
business)
Minimum Wage
Occupational Safety (OSHA)
Child Labor Laws
Regulations of Employment
Sexual Harassment
Video Display Terminal
Maine Employment Security Act
Maine Optional Posters
Maine Workplaces Support Nursing Mothers
Maine Employment Security Act
Domestic Violence in the Workplace
Equal Pay
Social Media
Federally Required
EEO
Fair Labor Standards Act ʹ Fed Minimum
Wage
Family and Medical Leave Act
Employee Polygraph Protection Act
USERRA
Employee Rights under the Davis Bacon Act
Notice ʹ Federal Aid Projects
Job Safety and Health (OSHA 3165)
Compensation and Benefits Yes No n/a ʹ
Unsure
Has employer analyzed job descriptions to
under the Fair Labor Standards Act? the FLSA?
Does the employer have policies for compensating
non-exempt employees who work over 40 hours per week overtime? meal breaks, on overnight shifts, or in remote locations traveling, is the employer in compliance with laws relating to pay obligations and overtime computations? Are supervisors trained in the requirements of the
FLSA and related compensation policies?
Are minors employed and is the employer in
compliance with federal and state laws?
Does the employer have a standard payroll
processing procedure in place to ensure employees are paid on time and in accordance with the law?
Does the employer use an automated timekeeping
and/or payroll processing software?
Does the employer maintain payroll records and
ensure they are kept in a secure location and accessible for audit/accounting purposes? Does the employer offer health and fringe benefits such as medical, dental, life and disability insurance? If benefits offered, does the employer have standard procedures to administer and communicate benefit plans to employees?
Does the employer have a procedure for providing
legally required communications about employee benefits after termination? (COBRA)
Is the employer subject to federal and/or state
Family Medical Leave?
If yes, does the employer have a written policy
notifying employees of their FMLA and Maine Family
Care Act rights and the required poster?
Does the employer have established leave request
procedures?
Do supervisors and managers understand the
of leaves of absence? Does the employer have a military leave policy that complies with state and federal laws? Is the leave program administered consistently?
Does the employer allow vacation, sick, personal
and/or PTO accrued leave? If so, are there procedures in place to ensure the consistent application of time off by supervisors and managers?
Performance Management Yes No n/a ʹ
Unsure
Is there a clear performance review policy that
clearly defines performance measures and expectations?
Are routine performance check-ins conducted
outside of a structured performance review to provide employees with regular feedback? Is there a standard policy for progressive discipline? Is there a process to implement corrective action?
Are behavior and performance expectations clearly
defined and communicated to employees?
Are supervisors and managers trained on how to
facilitate performance management conversations and how to appropriately document the conversations?
Does the employer have policies regarding the
retention and maintenance of discipline records?
Health & Safety Yes No n/a ʹ
Unsure
Is the employer displaying federal and state required
OSHA posters?
Is the employer maintaining a safe workplace and
providing safety equipment as required?
Does the employer have established procedures for
responding to an OSHA inspection? insurance or self-insurance in compliance with
Maine law?
Does the employer have established procedures to
be used in the event of a workplace injury, including manner? Does the employer have an established procedure to ensure compliance with the requirements of the
ADA, Maine Human Rights Act and FMLA when
claim?
Are supervisors and managers trained on how to
and the importance of filing the claim in a timely manner?
Does the employer have policies and procedures
regarding recordkeeping retention of OSHA and
Termination of Employment Yes No N/A ʹ
Unsure
Does the employer use a termination checklist to
process a termination event?
Does the employer have a procedure to ensure the
employee is paid according to state law mandates upon termination? Is there documentation supporting the nature of the termination, whether involuntary or voluntary?
Does the employer have a formal severance pay
policy?
Does the employer have a policy to ensure limited
communication regarding the termination on the
Does the employer have a policy for maintaining
records of termination employees?quotesdbs_dbs21.pdfusesText_27
[PDF] Maine Employment Security Law - Mainegov