Compliance Audit Areas
I. EXECUTIVE MANAGEMENT ISSUES
• Organization charts
• Appointment of key employees and succession plans
• Senior management committees (membership and structures)
• Company policies
- Codes of ethics
 - Communication documentation
 
• Employment contracts
• Change of control agreements
• Consulting agreements
• Key personnel files
• Indemnification agreements
• Noncompete and/or confidentiality agreements
• Employee loans
• Executive physical exams
• Special agreements, perks and other fringe benefits
• Director and officer insurance
• Employment practices liability insurance
II. RECRUITING AND HIRING
• Job descriptions
• Recruiting
• Mandatory job listing with local government job agencies
• Interviewer training
• Job application form and process
• Reference checks
• Background checks (e.g., civil, driving record, criminal check)
• Fair Credit Reporting Act
• Independent contractors/contingency employees
• Testing
• Pre-employment physicals
• I-9 Immigration Control Forms
• New hire orientation
• Use of independent contractors and temporary employees
Compliance Audit Page 5
HR BizPartners LLC| 454 Las Gallinas Ave Suite 241, San Rafael, CA 94903
Phone 888-717-3046 |www.hrbizpartners.com
III. EMPLOYMENT POLICIES AND PRACTICES
• Anti-discrimination/harassment/retaliation policy
- Supervisor/Manager & staff training
 
• Antiviolence policy
• Monitoring of employee telephone and computer usage
• Drug-testing policies and procedures
• Privacy/monitoring/search policies
• Intellectual property policies
• Personnel records/recordkeeping
• Access to personnel files
• Employment contracts
- Offer letters, separation agreements, etc.
 
• Time off/leave of absence policies (e.g., jury duty, voting, bereavement, sick days, PTO, San Francisco Paid Sick time, etc.)
• Misc Pay (auto allowance, opt-out, etc).
• Family and medical leave requirements (including any mandated state time off and/or leave laws)
• Employee handbook
• Performance management process, including performance review forms
• Promotion and transfer practices
• Discipline and discharge policies and practices
• Unemployment compensation policies
• Severance policy and practices
• Grievance and/or alternative dispute resolution procedures
• Complaint reporting and investigation procedures
• Training and development (e.g., new hire orientation, executive leadership, managerial, new supervisor, communication, etc.)
IV. FEDERAL WAGE AND HOUR LAW ISSUES
• Recordkeeping
• Exemptions from overtime
• Classification of exempt and nonexempt employees
• Rest periods, meal breaks (non-exempt)
• Equal Pay Act
• Payment upon termination of employment
• General payroll practices
• Payroll records
V. GENERAL COMPENSATION AND INCENTIVES ISSUES
• Compensation policy
• Special early retirement plans
• Stock options
• Employee and executive compensation plans
- Base salaries
 - Deferral plans (employees and directors)
 - Incentive programs (short term and long term)
 - Details of stock grants and bonus payments (current and last five years)
 - Communication with employees about these plans
 - Financial counseling or planning agreements
 
• General compensation
- Base salary increases (merit increases, promotions, bonuses and other increases)
 - Incentive and bonus arrangements (short term and long term)
 
• Job descriptions and evaluations
• Postings and notifications (e.g., FMLA, ADA, EEO, etc.)
VI. EMPLOYEE RECORDS AND GOVERNMENTAL FILINGS
• Personnel files
- Content
 - Retention
 - Terminations
 - Access to policies and procedures
 
• Training records (programs and procedures)
• Affirmative action plans (if required)
• EEO-1 and VETS-100 reports (if required)
• Service award programs
• Credit union issues
• Community service involvement (e.g., United Way, Red Cross, etc.)
• Mandated postings and notices
VII. EMPLOYEE AND LABOR RELATIONS
• Worker’s compensation
- Plan (insured or self-insured)
 - Claim files
 - Loss experience
 - Pending or potential large claims
 - Vendors and third-party administrators
 
• Unemployment compensation
- State rates
 - Claim files
 - Loss experience
 - Vendors and third-party administrators
 
• Safety and health compliance (OSHA, MSHA, etc.)
- Inspection reports
 - Company filings
 - Compliance issues
 - Safety award programs
 
• NLRB Issues
- Union drives
 - Union contracts (grievance records, contract history, current labor-management relations)
 - Unfair labor practice charges
 - Current or pending union issues
 
• Collective bargaining agreements
VIII. LITIGATION AND CLAIMS
• Policies and postings
• Internal investigations (current and prior five years)
• External investigations (e.g., OFCCP, DOL) (current and prior five years)
• Lawsuits (current, prior five years and potential threats)
• Audits (IRS, EDD, etc)
IX. EMPLOYEE BENEFITS
• Qualified plans
- Summary plan descriptions
 - Summary of material modifications
 - Plan documents and all amendments
 - Trust documents
 - Latest Form 5500 reports (plus Forms 5300-5301)
 - Summary annual reports
 - Most recent IRS determination letters and pending filings
 - Pension valuation reports
 - 401(k) valuation
 - Administration and recordkeeping agreements
 - Accounting statements of plan assets
 - Trustee reports
 - Discrimination testing reports
 - Recent communications to employees
 - Recent plan audits (internal and external)
 
• Welfare plans
- Summary plan descriptions
 - Summary of material modifications
 - Plan documents and all amendments
 - Insurance contracts and policies
 - Latest Form 5500 reports and summary annual reports
 - Administrative and third-party agreements
 - Accounting statements of plan assets
 - Recent communications to employees
 - Recent plan audits (internal and external)
 - Premiums and contribution rates
 - Employee eligibility criteria
 - Termination clauses
 - Waivers of premiums in life insurance and medical plans
 - Special arrangements made with any employees
 - Funding levels for self-insured plans
 
• Other plans
- Benefit restoration
 - ERISA forfeiture plan
 - Salary continuation plans
 - Nonqualified excess benefit pension plan
 
• General benefit plan information
- Plan year
 - Eligibility periods
 - Contribution rates
 - Funding of plans
 - Actuaries
 - Actuarial assumptions
 - Carriers and third-party administrators
 - Plan assets
 - Investment performance
 - Employee premiums
 - Employer premiums
 - Claims data for past three years
 - Past COBRA compliance
 - Number of retirees
 - Commitments to retirees (including special arrangements for executives, etc.)
 - Reportable events over the past three years
 - Staff reductions due to past mergers or acquisitions
 - Disposition of plans
 - Payment of benefits
 
• Active employee information
- Enrollment election forms
 - Beneficiary designations
 - Proof of legal guardianship or adoption papers, as needed, for dependents
 - LTD and LOA history files
 - Previous employer plans
 - Pension
 - Savings
 - Rollovers
 - Credited service information
 
• Retiree Information
- Enrollment election forms
 - Beneficiary designations
 - Life insurance amounts
 - Pension information (benefit withholdings and tax withholdings)
 
X. FEDERAL CONTRACTOR COMPLIANCE ISSUES (if applicable)
• Executive Order 11246 and 41 CFR 60-1-4
• Section 503 of the Rehabilitation Act
• 38 USC 4212, Vietnam Era Vets Readjustment Act
• State or other affirmative action obligations
• Mandated posters/notices/bulletin board postings
XI. INTEGRATION OF HR DATA SYSTEMS AND RECORDS
• HR data, benefits and payroll
- System provider(s)
 - Employee data format and compatibility with new systems
 - Employee history data
 - Exception identification and processing
 - Electronic data transmissions and communications
 
§ § Savings plans
§ § Credit union
§ § Actuarial
§ § Third-party administrators (e.g., employee benefits, payroll, EAP, etc.)
• Compensation
- Stock option administration
 - Salary administration
 
§ § Budgeting
§ § Incentive compensation
• Affirmative action plans
• Data system/database access
Compliance Audit Page 5
HR BizPartners LLC| 454 Las Gallinas Ave Suite 241, San Rafael, CA 94903
Phone 888-717-3046 |www.hrbizpartners.com
