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Writer's pictureLeyda Lazo, SHRM-SCP

The Role of HR in Compliance



To keep your business running smoothly, small business owners (SBOs) must navigate a maze of rules and regulations at the local, state, federal, and industry levels. It’s no easy feat! These responsibilities often fall to HR, covering everything from employment laws to workplace safety to mandated business filings.


For small and mid-sized businesses (SMBs), remaining compliant isn’t just about following the rules—it’s about protecting your business from fines, lawsuits, and reputational damage. According to a U.S. Small Business Administration study, small businesses can face fines as high as $500,000 for non-compliance, not to mention the potential loss of trust among employees and customers.


What is HR Compliance?


HR compliance ensures that businesses meet their legal obligations related to employment practices and workforce management. While HR is generally seen as the “people” center of a company, it is also vital in maintaining compliance beyond traditional HR functions.

HR compliance can include:


  • Payroll: Ensuring timely and accurate compensation for employees.

  • Risk and workplace safety: Adhering to safety standards and legislation, such as OSHA.

  • Hiring: Implementing fair hiring practices and avoiding discrimination.

  • Accommodations: Providing reasonable accommodations for employees as required by law.

  • Termination: Handling employee terminations in a compliant and ethical manner.


What is HR's Role in Compliance?


HR plays a dual role in a company—it manages both employee relations and the company’s legal responsibilities. HR departments need to ensure compliance with employment laws, but they often oversee areas beyond hiring and firing, such as:


  • Workplace safety: Ensuring compliance with the Occupational Safety and Health Administration (OSHA), and staying updated on any legislative changes regarding worker safety.

  • Data privacy: SMBs are subject to data protection laws such as the General Data Protection Regulation (GDPR), the California Consumer Protection Act (CCPA), and HIPAA if they handle employee or customer data. HR must ensure that sensitive information is protected, with clear policies on how data is collected, used, and stored.

  • Business compliance: Managing Affordable Care Act (ACA) reporting and accurate payroll tax filings to avoid penalties and fines.


Why HR Compliance is Challenging for SMBs


HR compliance can be tricky, especially for small businesses. A National Small Business Association report found that 44% of small businesses spend more than 40 hours per year dealing with federal regulations alone. When you add local and state laws, the burden becomes heavier. Small businesses often lack the resources needed to hire a full HR department but also don’t have the time to become experts themselves.


For example, the Fair Labor Standards Act (FLSA) sets federal wage and hour requirements. HR must differentiate between exempt and nonexempt employees, track overtime, and ensure proper compensation. Missteps here can lead to class-action lawsuits, which are common for FLSA violations.


A Department of Labor survey found that $322 million was recovered for workers in wage and hour violations in just one year, highlighting how costly non-compliance can be.


Common HR Compliance Issues SMBs Face


Here are some of the most common HR compliance challenges SMBs encounter:

  1. Fair Labor Standards Act (FLSA) The FLSA sets the rules for minimum wage, overtime pay, and employee classifications. Many businesses struggle with correctly classifying employees as exempt or nonexempt, which leads to wage violations.

  2. Data Security Data protection laws such as GDPR and CCPA have strict requirements regarding how businesses collect, store, and use employee data. Failing to comply can result in hefty fines. A Cisco Data Privacy Benchmark Study found that companies that invest in data privacy see 80% fewer data breaches, underscoring the importance of this area.

  3. Discrimination Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin. Additionally, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) provide protections against age and disability discrimination. Beyond staying compliant, promoting diversity and inclusion in hiring practices has shown significant business benefits, with McKinsey reporting that companies with diverse workforces are 35% more likely to have financial returns above their industry medians.

  4. Affordable Care Act (ACA) The ACA imposes several mandates on businesses, including providing employees with a Summary of Benefits Coverage and offering affordable health insurance options. Non-compliance can result in costly penalties. A Congressional Budget Office (CBO) report stated that non-compliance penalties related to the ACA cost businesses an estimated $4.5 billion annually.

  5. Harassment Whether it’s sexual harassment or harassment based on religion or ethnicity, HR must be equipped to handle complaints seriously and efficiently. A YouGov study found that 41% of employees said they had experienced harassment in the workplace. Failing to address these complaints can lead to lawsuits, damage to the company’s reputation, and a drop in employee morale.


How Can SMBs Stay HR Compliant?


Staying compliant is crucial, but it can also feel overwhelming for small business owners. Here are a few steps that can help:


  1. Invest in HR expertise Whether it’s hiring an HR consultant or using HR management software, having expert guidance is key. According to Deloitte, 79% of SMBs that invest in HR technology report reduced compliance risks.

  2. Regular audits Conducting regular HR audits ensures you’re keeping up with changes in employment laws and company policies. This can help you catch and fix potential issues before they lead to penalties or lawsuits.

  3. Training Make sure employees, especially managers, are trained in workplace safety, anti-discrimination policies, and harassment prevention. Studies by SHRM show that companies with regular compliance training programs reduce their risk of non-compliance by 60%.

  4. Create clear policies Having well-documented policies on everything from hiring to termination makes it easier to stay compliant. Written policies provide clarity and consistency across the company, reducing the likelihood of misunderstandings.


Conclusion


For small businesses, HR compliance can be complex and time-consuming, but staying on top of it is critical for long-term success. The costs of non-compliance—ranging from hefty fines to reputational damage—are far more burdensome than the investment needed to ensure your business meets its legal obligations.


By staying proactive, conducting regular audits, and investing in the right HR tools and expertise, small business owners can protect their businesses and ensure they are building a compliant and ethical workplace.



Let’s chat. We’d love to show you how HCCI’s complete HR solutions could really change things up for your business.


We’re here when you’re ready—no pressure, just opportunities. Let’s make HR something that drives real results together.

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