A Guide for Compliance and Workforce Success in Small Businesses
Step 1: Review Hiring & Onboarding Policies
Why It Matters
Hiring is one of the most sensitive and compliance-heavy functions in any business. In small companies, informal processes often mean hiring decisions go undocumented, onboarding steps are skipped, or outdated practices are unknowingly applied.
A structured, compliant hiring process helps reduce turnover and shields the company from potential discrimination claims, miscommunication, and wasted onboarding costs. The 2023 LinkedIn Talent Report found that businesses with structured hiring processes are 30% more likely to secure top talent and experience significantly less early turnover.
Audit Checklist
✔ Are job postings, descriptions, and interviews compliant with Equal Employment Opportunity (EEO) laws, avoiding discriminatory language or practices?
✔ Is there a documented onboarding process that includes a checklist of paperwork, policy acknowledgments, safety guidelines, and training?
✔ Do your hiring policies clearly define at-will employment, job duties, compensation, and evaluation periods in offer letters or contracts?
✔ Are background check procedures aligned with local “ban the box” laws or restrictions on using criminal history in employment decisions?
✔ Do interview questions and scoring tools follow a structured format to improve consistency and reduce bias?
✔ Are onboarding materials updated for remote workers, with digital tax forms, e-signatures, and virtual training modules?
✔ Are probationary or evaluation periods clearly defined and tied to performance review milestones?
Step 2: Assess Payroll & Wage Compliance
Why It Matters
Payroll compliance is one of the most frequent HR issues small businesses face—and one of the most expensive to get wrong. In 2023, the Department of Labor recovered over $100 million in back wages from small businesses due to issues like unpaid overtime, worker misclassification, and tax reporting failures.
Even minor payroll errors—like incorrect time tracking or missing PTO entries—can lead to employee dissatisfaction, tax penalties, or legal claims. An HR audit helps ensure your pay practices are fair, legal, and well-documented.
Audit Checklist
✔ Are all workers correctly classified as W-2 employees or independent contractors using IRS and DOL guidelines?
✔ Are non-exempt employees paid 1.5× their regular rate for overtime after 40 hours/week, as required by FLSA?
✔ Does your payroll system accurately capture hours worked, including remote or flexible schedules, and issue timely paychecks?
✔ Are payroll tax withholdings, benefits deductions, and tax filings current and automated wherever possible?
✔ Do you comply with minimum wage laws across federal, state, and local jurisdictions?
✔ Are you meeting all state-mandated paid leave laws, including sick, family, or emergency time off if applicable?
✔ Are pay stubs itemized with hours worked, gross pay, tax deductions, and benefits contributions?
✔ Are bonuses and commissions documented in compensation policies and processed in compliance with wage laws?
Step 3: Evaluate Employee Handbook & Workplace Policies
Why It Matters
Policies are hard to enforce without a current, well-structured employee handbook, and confusion leads to risk. Disciplinary disputes, harassment claims, and inconsistent treatment of employees are much more likely when expectations aren’t documented.
The National Federation of Independent Business (NFIB) reports that companies with documented workplace policies face 20% fewer employee disputes. A good handbook is also useful for onboarding, culture building, and leadership training.
Audit Checklist
✔ Do you have a written, updated employee handbook that defines roles, workplace expectations, and behavioral standards?
✔ Are your anti-harassment and anti-discrimination policies compliant with federal and state law and acknowledged by employees upon hire?
✔ Are your attendance, call-out, and absenteeism policies clearly explained, especially for remote or hybrid work schedules?
✔ Do your social media, technology use, and device policies address on-site and remote working scenarios?
✔ Are your grievance and complaint procedures documented and accessible to all employees, including remote team members?
✔ Are discipline procedures outlined with clear steps for verbal warnings, written documentation, and terminations?
✔ Do policies address workplace attire, hygiene, and, if relevant, PPE or office safety guidelines?
✔ Is the handbook reviewed and updated annually, or anytime laws, benefits, or major internal policies change?
Step 4: Audit Employee Benefits & Compliance Policies
Why It Matters
Employee benefits—whether required by law or voluntarily offered—are critical for compliance and retention. A 2024 SHRM study showed that 78% of employees view benefits as a top reason for joining or staying with a company. Yet small businesses often struggle to track eligibility, stay current on state laws, or properly administer health coverage and retirement plans.
From COBRA continuation rules to paid family leave and ACA health plan requirements, small businesses must regularly audit their benefit offerings and administration processes.
Audit Checklist
✔ Are you compliant with FMLA, which requires businesses with 50+ employees to offer up to 12 weeks of unpaid family or medical leave?
✔ If you offer health insurance and have 50+ full-time equivalents, are you compliant with the Affordable Care Act (ACA)?
✔ Do you offer retirement plans (e.g., 401(k)) that meet ERISA guidelines for reporting, fairness, and fiduciary responsibilities?
✔ Are mental health, wellness, or employee assistance programs included or available, even in informal forms such as gym stipends or virtual counseling resources?
✔ If you offer health insurance, do your COBRA continuation practices meet federal and state notification and coverage access requirements?
✔ Are state-specific benefits such as paid sick leave, paid family leave, or disability insurance built into your policy documentation and administered correctly?
✔ Are PTO accrual rules clearly documented, including how time is carried over, forfeited, or paid out upon separation?
✔ Do employees receive annual benefit summaries and re-enrollment opportunities with clear deadlines and support?
Step 5: Ensure Record-Keeping & Compliance Documentation
Why It Matters
Proper HR documentation is the key to proving compliance, defending against claims, and staying audit-ready. The Fair Labor Standards Act (FLSA) and IRS have strict retention requirements for payroll and employment records, and noncompliance can result in fines or legal exposure.
Paper-based systems, outdated storage practices, or disorganized digital files can cause problems during an investigation or in court. Regularly auditing your HR documentation ensures everything is up to date, secure, and legally defensible.
Audit Checklist
✔ Are all I-9 forms completed and stored in a separate, easily auditable file, retained for at least 3 years or 1 year post-termination (whichever is later)?
✔ Are payroll and tax records (e.g., W-2s, timecards, tax filings) retained for a minimum of 4 years?
✔ If applicable, are OSHA injury and illness records (300/300A logs) maintained for at least 5 years and posted as required?
✔ Are employee performance reviews, discipline records, promotions, or pay change forms documented and securely stored?
✔ Are digital HR systems used to organize files, onboard employees, distribute handbooks, and track policy acknowledgment?
✔ Are employees informed of and able to access workplace policies, handbook updates, and safety notices through centralized channels?
✔ Do you have a documented data retention and destruction policy that complies with federal and state requirements for employee information?
✔ Is employee data access restricted to HR or management, and protected with passwords or encryption if stored digitally?
Conclusion
For small businesses, an annual HR policy audit isn’t just a formality—it’s a smart strategy for protecting your company and improving workforce performance. By reviewing your hiring processes, payroll systems, workplace policies, benefits offerings, and documentation practices, you can stay legally compliant, attract better talent, and foster a safer, more consistent workplace culture.
With laws changing and your workforce evolving, regular audits ensure your business keeps pace without costly surprises.
Need help simplifying HR compliance for your small business? Contact Targeted-HR for tailored solutions built for small teams and growing companies.