HR Risk Wizard

The California Chamber of Commerce has created the Risk Wizard to help you review your human resource policies and practices to assess whether they are in compliance with state and federal labor law requirements.

How It Works

First, choose which of 12 key HR areas you wish to review.
Depending on the areas you choose, you'll answer a series of yes/no questions about your HR policies and practices.
After you've answered all the questions, the Wizard produces a list of clickable links you can use to research potential problem areas and to help implement policies and procedures that comply with labor law requirements.
Members of the California Chamber can access all the Risk Wizard results by logging in to HRCalifornia first.
Non-members can access some but not all of the Risk Wizard results. To access the full report, non-members are welcome to sign up for a free 7-day trial.

A Cautionary Note

Labor law is complex, and laws and legal interpretations change frequently. We have made every effort to ensure that the HR Risk Wizard is complete and accurate in its recommendations, but your use of this automated tool does not imply or guarantee that your organization will be in full compliance with federal and state labor codes and regulations. We strongly suggest that you consult with legal counsel if you have any questions or uncertainties in this area.

Which areas would you like to review? Remember, if you want, you can work through one section at a time or select "ALL AREAS" to review everything in one sitting.

Because your responsibilities in the area of Discrimination and Harassment are so significant, we strongly recommend you include it in your review in addition to any other individual areas you have selected.

Which areas would you like to review? Areas to review: Select ALL AREAS (clicking this option will select all of the other options listed below.)
Benefits
Compensation
Discrimination & Harassment
Health & Safety
Hiring
Labor Relations
Performance & Discipline
Policies
Posters & Notices
Privacy & Record Keeping
Termination
Time Off

Benefits

Required Benefits
Do you provide all employee benefits that are required by law? Yes, I'm sure that we do.
No, we don't, or I'm not sure I know which benefits are required.

Benefits Resources:

Required Benefits Recommendation

Use the following HR Library resources to help you in this area:

Benefits, the gateway to HRCalifornia's comprehensive resources on benefits issues and regulations

Notice Requirements
Are you certain that you provide adequate notice to your employees of their required benefits? Yes, we have a good system in place to notify employees of benefits when required by law.
No, we have no system in place to do this, or we are not sure of what's required.

Benefits Resources:

Notice Requirements Recommendation

Use the following HR Library resources to help you in this area:

Getting New Employees Started, details on the benefits-related paperwork you and the new employee must fill out at hiring time

From the CalChamber Store:

Paid Family Leave Pamphlets, state-mandated information you must give to employees taking a leave of absence, to notify them of partial wage replacement benefits in certain circumstances
Unemployment Insurance/State Disability Insurance Pamphlets, state-mandated pamphlets you must distribute to employees who leave your company either through termination or non work-related disability
Workers' Comp Rights and Benefits Pamphlets, state-mandated information you must give to all employees at time of hire and in case of work-related injury

Compensation

Wages and Scheduling
Are you certain that you fully comply with the following requirements?

Minimum wage
Overtime
Meal breaks
Rest breaks
Paycheck content and delivery
Payroll deductions
Alternative workweek schedules (where applicable)

Yes, I'm sure that we have all these areas covered.
No, I'm not certain that we are in full compliance.

Pay and Scheduling Resources:

Pay and Scheduling Recommendation

Use the following HR Library resources to help you in this area:

Alternative Workweek Scheduling, covers the schedules that allow non-exempt employees to work more than eight hours per day without daily overtime
California Wage Orders, industry-specific rules that regulate non-exempt employee pay and overtime
Pay & Scheduling, the gateway to HRCalifornia's comprehensive resources on pay and scheduling
Meal Breaks, covers the rules regarding meal breaks and how they should be administered
Rest Breaks, covers the rules regarding rest breaks and how they should be administered
Wages and Salaries, covers state, federal, and some local living wage laws
Overtime, explains the rules governing overtime pay
Defining Workdays and Workweeks, explains the foundation of calculating overtime

Wage Orders
Have you identified and posted the one or more wage order(s) that apply to your organization? Yes, I'm sure that we have the correct wage order(s) posted.
No, I'm not sure about this.

Pay and Scheduling Resources:

Wage Orders Recommendation

Use the following HR Library resources to help you in this area:

Wage Order Listings, describes each wage order in detail
California Wage Orders, explains what wage orders are and what information they cover

Fair Labor Standards Act
Have you determined whether or not your company must comply with the Fair Labor Standards Act (FLSA)? Yes, we've made this determination, and we're in compliance.
No, either we don't know or we're not sure we're in compliance.

Pay and Scheduling Resources:

Fair Labor Standards Act (FLSA) Recommendation

Use the following HR Library resources to help you in this area:

Federal Law, reviews the various aspects of your business covered by the FLSA
Who is Covered, explains what wage orders are and what information they cover

Discrimination and Harassment

Required Policies
Are you confident that your company complies with all laws that prohibit discrimination in the workplace? This includes having required policies in place, ensuring that all employees are aware of them, and making sure that employees actually practice non-discrimination. Some areas of focus include:

Posting all appropriate notices;
Carrying out all mandatory supervisory training;
Reviewing employee demographics for under-represented minorities, failure to promote, etc.;
Accommodation of disabilities in the workplace;
Non-discrimination in hiring, promotion, and termination;
Non-discrimination in administering benefits;
Non-discrimination in matters of compensation.

Yes, I'm sure that we're in full compliance.
No, either I know that we don't comply or I'm not sure.

Discrimination and Harassment Resources:

Required Policies Recommendation

Use the following HR Library resources to help you in this area:

Discrimination Prevention, describes how to avoid discrimination claims in the workplace
Effective Harassment Prevention, discusses how to avoid harassment claims in the workplace
Disability and Accessibility, discusses the legal mandate to reasonably accommodate individuals with disabilities in the workplace
Discrimination, the gateway to HRCalifornia's resources on discrimination
Identifying, Hiring, and Promoting Workers with Disabilities, covers hiring and promoting employees with disabilities
State and Federal Laws Prohibiting Discrimination, discusses the state and federal laws addressing discrimination in the workplace
Other Federal and State Protections, describes additional protection under the law for special cases
Mandatory Harassment Prevention Training, covers the required and recommended training employers must provide to their employees
Types of Discrimination, defines the various types of discrimination in the workplace

From the CalChamberStore:

Required Notices Kit, covers the many posting and notice requirements for preventing workplace discrimination
Mandatory Harassment Prevention Training, training options for managers and employees

Harassment Prevention Training
Does your organization have a policy that is frequently communicated and consistently applied that complies with requirements for preventing and investigating harassment in the workplace? This includes manager and supervisor training on all aspects of discrimination and harassment.
Yes, we have an anti-harassment policy and we apply it consistently.
No, I'm not sure that we do, or I'm not sure that it's consistently applied.

Discrimination and Harassment Resources:

Harassment Training Recommendation

Use the following HR Library resources to help you in this area:

Effective Harassment Prevention, covers how to keep your workplace harassment free
Conducting Appropriate Investigations, reviews how to conduct discreet but thorough investigations of harassment in the workplace
Mandatory Harassment Prevention Training, covers workplace harassment prevention training requirements

From the CalChamber Store:

Preventing Harassment Online Course - 2 Hour Supervisor Version, a 2-hour online course that allows supervisors to meet the legal requirement for sexual harassment training
Preventing Harassment Online Course - Employee Version, a self-paced Web-based training course helping employees understand what harassment really is and how to practically and effectively avoid conduct that could lead to harassment
Sexual Harassment Information Sheets, available in English or Spanish, these required information sheets inform workers of their right to a harassment free workplace and provide appropriate procedures should they encounter difficulties

Whistleblowers
Does your organization have a policy that is frequently communicated and consistently applied that:

Protects from retaliation any employee who engages in activities protected by anti-discrimination laws;
Protects employees who have engaged in other protected activities such as whistleblowing or union activities.

Yes, we have a strong policy against workplace harassment and we apply it consistently.
No, I'm not sure that we do, or I'm not sure that it's consistently applied.

Discrimination and Harassment Resources:

Whistleblowers Recommendation

Use the following HR Library resources to help you in this area:

Retaliation, covers protections for employees or applicants who report illegal activity by an employer
California Whistleblower Protection, covers protections for whistleblowers who report their employers to government agencies for alleged violations of state and/or federal laws

Health and Safety

Injury and Illness Prevention
Does your organization have an Illness and Injury Prevention Program (IIPP) that complies with all state and federal workplace safety requirements (including Cal-OSHA accident and illness recordkeeping and posting)? Yes, we have a Cal-OSHA compliant IIPP.
No, I'm not sure that we comply in this area.

Workplace Safety Resources:

Injury and Illness Prevention Recommendation

Use the following HR Library resources to help you in this area:

Creating a Written Program, guides you through the process of developing a written program
Workplace Safety, the gateway to HRCalifornia's resources on health and safety in the workplace
Illness and Injury Prevention Program Basics, covers this fundamental Cal/OSHA requirement
Cal/OSHARequirements and Inspections, covers what to do if Cal/OSHA inspects your workplace

From the CalChamber Store:

Cal/OSHA Training, a variety of safety training products
Ergonomics Checklist - Workstation Layout, training handouts depicting proper workstation setup
Log 300 Record Keeping Obligations, required safety record keeping with links to state forms and a helpful tool to determine your reporting requirements
Required Notices Kit, many posting and notice requirements are in the area of workplace health and safety

Workers' Compensation
Is your company in full compliance with all legal requirements associated with Workers' Compensation? Yes, we are in full compliance.
No, I'm not sure.

Workplace Safety Resources:

Workers' Compensation Recommendation

Use the following HR Library resources to help you in this area:

Benefits During Workers' Compensation, explains how to administer employee benefits and pay during workers' compensation leave
Employee Protection from Discrimination, reviews discrimination law as it relates to industrial injuries, including 132(a) claims
Family Medical Leave, explains how time off for an industrial injury relates to family and medical leave
Log 300 Recordkeeping Obligations, covers Cal/OSHA record keeping requirements in the event of an on-the-job injury or illness
Penalties, explains the serious criminal and civil penalties for employers who fail to carry workers' compensation insurance and for individuals who engage in workers' compensation fraud
Required Posters and Pamphlets, reviews the legal requirements for workers' compensation postings and notices
Returning the Employee to Work, provides information about vocational rehabilitation and returning employees who may have disabilities back to work
Types of Injuries Covered, discusses the four basic types of injuries covered by workers' compensation
What Is Covered, describes the types of covered workplace injuries and illnesses
When an Injury Occurs, lists the required steps to follow in the event of an industrial injury
Who Is Covered, describes who is covered by workers' compensation
Who Is Not Covered, describes who is not covered by workers' compensation
Workers' Compensation, the gateway to HRCalifornia's resources on workers' compensation

From the CalChamber Store:

Required Notices Kit, many posting and notice requirements are in the area of workers' compensation
Workers' Comp Rights and Benefits Pamphlets, state-mandated information you must give to all employees at time of hire and again in case of work-related injury

Hiring

Policies and Procedures
Have you defined and documented a consistent and effective set of hiring policies, and do you have tools in place to make sure they are followed? This would include:

Publishing and enforcing policies to prohibit discriminatory treatment of applicants;
Training your hiring managers in how to implement the policies;
New employee orientation (paperwork, skills training, safety training, sexual harassment training, required benefits information, payroll processing, etc.).

Yes, I'm sure that these are in place.
No, I'm not certain.

Recruiting and Hiring Resources:

Policies and Procedures Recommendation

Use the following HR Library resources to help you in this area:

Getting New Employees Started, discusses how to integrate a new employee into your organization
Recruiting & Hiring, the gateway to HRCalifornia's comprehensive resources on hiring issues and regulations
New Employee Orientation and Training, reviews training requirements and recommendations for new employees

From the CalChamber Store:

Required Notices Kit, many postings and notices apply to applicants and new hires and are required to be available and/or provided at time of hire.

Job Descriptions
Do you have an up-to-date job description for every position in your organization? Yes, I'm certain that every position has a current job description.
No, I'm not sure.

Recruiting and Hiring Resources:

Job Descriptions Recommendation

Use the following HR Library resources to help you in this area:

Exempt and Nonexempt Classification, describes the difference between positions that require overtime and those that don't
Preparing Job Descriptions, discusses the need for job descriptions and how to prepare them

Overtime Requirements
Are you confident that you have accurately classified all your employees as exempt or non-exempt from overtime requirements? Are you sure your exempt employees meet the duties and salary test for their exemption and that you have ignored job titles in determining exempt/non-exempt status? Yes, I'm sure that our exempt/non-exempt classifications are correct.
No, some might need to be reassessed.

Recruiting and Hiring Resources:

Overtime Requirements Recommendation

Use the following HR Library resources to help you in this area:

Exempt and Nonexempt Classification, describes the distinction between positions that require the payment of overtime and those that don't

Independent Contractors
If you work with independent contractors, are you certain you are treating them as contractors and not as employees? Are you sure that all of them qualify for independent contractor status as opposed to W-2 employee status? Yes, we have made sure our contractors fit state and federal requirements for independent contractor status.
No, I'm not certain that they all qualify.

Recruiting and Hiring Resources:

Independent Contractors Recommendation

Use the following HR Library resources to help you in this area:

Independent Contractors, important information about using independent contractors with links to additional information

Minors
If you hire young people, are you certain that you are in legal compliance with laws regulating the employment of minors? Yes, we are in compliance with these laws.
No, I'm not sure that we comply fully.

Recruiting and Hiring Resources:

Minors Recommendation

Use the following HR Library resources to help you in this area:

Minors, covers hiring minors in the workplace

Foreign Workers
If you hire non-US citizens, are you certain that you are in legal compliance with laws regulating the employment of non-citizens? Yes, we comply with all laws that regulate the employment of non-citizens.
No, I'm not sure that we're in compliance.

Recruiting and Hiring Resources:

Verifying Eligibility to Work Recommendation

Use the following HR Library resources to help you in this area:

Verifiying Eligibility, information about how to remain in compliance with immigration law and links to detailed information regarding hiring non-US citizens.

Labor Relations

Union Organizing
Have your managers and supervisors been trained to recognize and respond appropriately to signs of union organizing activity?

Training your hiring managers in how to implement the policies;
New employee orientation (paperwork, skills training, safety training, sexual harassment training, required benefits information, payroll processing, etc.).

Yes, we have trained our managers and supervisors.
No, our supervisory staff is not trained in this area.

Unions Resources:

Union Organizing Recommendation

Use the following HR Library resources to help you in this area:

Unions, the gateway to HRCalifornia's resources on labor relations issues and regulations
NLRB Powers, describes the powers of the National Labor Relations Board (NLRB) to conduct investigations, hold hearings, and enforce the National Labor Relations Act (NLRA)
Representation and Election Process, describes the process for selecting employee representatives
Unfair Labor Practice Charges, describes activities forbidden by the NLRA

Performance and Discipline

Performance Policies
Does your company have a set of policies and processes for monitoring, correcting, and improving employee performance? Do you apply them consistently and are you certain that no discrimination takes place when an employee is disciplined? Yes, this describes our employee performance evaluation process.
No, I'm not sure our procedures fit this description.

Discipline Resources Recommendation

Use the following HR Library resources to help you in this area:

Making Disciplinary Decisions, describes the types of disciplinary action and recommends steps to obtain positive outcomes
Discipline, the gateway to HRCalifornia's resources on discipline issues and regulations

Policies

Employee Handbook
Do you have an up-to-date employee handbook and...

Does it contain all your company's policies in clear, unambiguous language?
Are you certain that your policies comply with the law?
Are you certain that you have included all policies that are required by law?
Have you given each employee an up-to-date employee handbook and received written acknowledgment that they have received and understood it?

Yes, these statements describe our handbook.
No, we don't fully comply with these items.

Policies Resources

Employee Handbook Recommendation

Use the following HR Library resources to help you in this area:

Workplace Policies, the gateway to HRCalifornia's comprehensive resources on workplace policy issues and regulations

From the CalChamberStore:

Employee Handbook Creator for California Employers, this online tool lets you create your own handbook using a step-by-step question and answer session

Posters and Notices

Posters and Notices
Are you certain you are displaying all the most current required posters and providing employees with all the most current required pamphlets? Yes, I'm sure.
No, I'm not certain.

Policies Resources

Required Posters and Notices Resources Recommendation

These resources can help you in this area:

Posters and Pamphlets, a free section with multiple resources and information

From the CalChamber Store:

California Employer Poster, which includes all state and federal posters, available in both English and Spanish
Required Notices Kit, the California Chamber's up-to-date package of all required state and federal posters and notices

Privacy and Record Keeping

Record Keeping
Are you certain that your company maintains its personnel records for the appropriate periods to comply with state and federal requirements? Yes, I'm sure.
No, I'm not certain.

Privacy and Recordkeeping Resources

Record Keeping Recommendation

Use the following HR Library resources to help you in this area:

Records Retention Requirements, explains recordkeeping requirements for personnel records
Retaining Records, clarifies the requirements for personnel records, including which records to keep, how long to keep them, and where to store them

Employee Privacy
Are you certain that your organization protects the privacy of personnel records, as required by law, including limiting access to personnel and payroll records to only those with a need to know and assuring proper destruction of records at time of disposal? Yes, I'm sure that we comply in this area.
No, I'm not sure that we comply with all employee privacy requirements.

Privacy and Recordkeeping Resources

Employee Privacy Recommendation

Use the following HR Library resources to help you in this area:

Access to Employee Information, explains who has access to employee information
Keeping Employee Information Private, laws and requirements for keeping various types of employee information private
Privacy, the gateway to HRCalifornia's resources on employee privacy
Retaining Personnel Records, clarifies record keeping requirements

Termination

Termination Policies
Have you defined and documented a consistent and effective set of termination policies, and do you have tools in place to make sure they are followed in a consistent and non-discriminatory manner? Yes, this describes our termination policies and procedures.
No, I'm not sure that we comply in this area.

Termination Policies Recommendation

Use the following HR Library resources to help you in this area:

Termination, covers the steps of the termination process, including COBRA, unemployment insurance, and final paycheck
Mass Layoffs and Plant Closings, describes the law regarding plant closings
Avoiding Wrongful Termination Lawsuits
Termination, the gateway to HRCalifornia's resources about termination in the workplace

From the CalChamberStore:

State Disability Insurance Pamphlets, state-mandated pamphlets that notifies employees of their right to disability insurance benefits should they sustain a non-work related injury.
Unemployment Insurance Pamphlets, state-mandated pamphlets that notifies employees of their right to unemployment insurance benefits when they are terminated, laid off, or granted a leave of absence.

Time Off

Voluntary and Mandated Leaves
Does your company comply with state and federal laws for granting time off? This includes:

Mandatory paid sick leave
Vacation and paid-time-off (PTO) practices;
Mandatory leave such as for pregnancy, military duty, and jury duty;
Other days off required by law.

Yes, I'm sure we're in compliance with all these laws.
No, I don't think we do comply, or I'm not sure.

Time Off Resources

Leaves of Absence Recommendation

Use the following HR Library resources to help you in this area:

Required and Optional Benefits, a detailed list of required and optional benefits you may provide as an employer with links to detailed information
Paid Sick Leave, discusses California's mandatory paid sick leave law.
Vacation, Paid Time Off and and Holidays, the gateway to HRCalifornia's comprehensive resources

From the CalChamber Store:

Required Notices Kit, covers the many posting and notice requirements for leaves of absence

Coordinating Leaves of Absence
When it appears that an employee is eligible for a required leave, are you able to reliably determine how different types of leave may overlap each other? Yes, we have effective processes to track how leaves interact.
No, I don't think so or I'm not sure.

Time Off Resources

Coordinating Leaves of Absence Recommendation

Use the following HR Library resources to help you in this area:

Leave Interactions shows the relationship between various types of state and federally mandated leaves

Family/Medical Leave
Do you have clear and effective systems in place to ensure compliance with the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and to monitor the use of these leaves? Yes, we track our compliance in this area, and we monitor employee use.
No, I don't think so.

Time Off Resources

Family/Medical Leave Recommendation

Use the following HR Library resources to help you in this area:

Benefits and Pay While on Leave, explains how to administer employee benefits and pay during a family leave
Eligibility for Leave, reviews eligibility requirements for family medical leave
Family and Medical Leave, the gateway to HRCalifornia's resources on managing family and medical leave
Medical Certification, guidelines for obtaining medical certification from a doctor for approving family leave requests
Notice Requirements, information about required notices regarding family leave
Paid Family Leave, a broad discussion about paid family leave including clear and concise definitions.
Calculating Weeks for Leave, explains how to calculate the duration and timing of a leave of absence
Family and Medical Leave Designation, covers the circumstances that qualify for family leave and those that do not
Return to Work After Family and Medical Leave, guidelines for reinstating an employee returning from leave and when refusal or termination may be appropriate

Pregnancy Leave
Are you certain of always being in legal compliance with the California Pregnancy Disability Leave law in granting and administering pregnancy leaves? Yes, we are definitely in compliance.
No, I'm not sure that we comply.

Time Off Resources

Pregnancy Disability Leave Recommendation

Use the following HR Library resources to help you in this area:

Benefits and Pay While on Leave, explains how to administer employee benefits and pay during pregnancy leave
Employee Eligibility, covers PDL eligibility requirements
Medical Certification, guidelines for obtaining medical certification from a doctor
Notice Requirements and Penalties, information about required notices regarding pregnancy leave
Paid Family Leave, explains a partial wage replacement benefit available during certain leaves of absence
Reinstatement, guidelines for reinstating an employee returning from pregnancy leave
Transfer Associated with Pregnancy, covers the rules for employee transfer associated with pregnancy

Makeup Time
If you provide opportunities for makeup time, do you have a clear policy for makeup time that is consistently applied? Either we don't offer makeup time or we do and we offer it consistently.
I'm not sure about this.

Time Off Resources

Makeup Time Recommendation

Use the following HR Library resources to help you in this area:

Makeup Time, covers the rules governing makeup time should you decide to allow it

Your Information & Responses

A Cautionary Note

Labor law is complex, and laws and legal interpretations change frequently. We have made every effort to ensure that the HR Risk Wizard is complete and accurate in its recommendations, but your use of this automated tool does not imply or guarantee that your organization will be in full compliance with federal and state labor codes and regulations. We strongly suggest that you consult with legal counsel if you have any questions or uncertainties in this area.