Robertson HR News - October 2025

8 workplace compliance mistakes that could cost you thousands

 

Most business owners we speak to don’t realize they could be out of compliance.

 

They think everything’s covered, until a complaint, audit or lawsuit makes it clear it’s not.

 

The truth is, staying legally compliant is often about managing the small details.

 

We see the same 8 areas catching business owners out time and time again:

 

1. Form I-9 compliance

Complete a Form I-9 for every W-2 employee. The employee is required to complete Section 1 on or before their first day of work and the employer is required to complete Section 2 within 3 days of the new hire start date.  Accept original documents only, follow federal retention rules and apply the same process to everyone to avoid discrimination claims.

 

2. Offer letters and employment terms

Handshake deals don’t protect you. Written offers clarify pay, start date, employment status and expectations, and help to prevent disputes.

 

3. Minimum wage and overtime

Check federal, state and city rates. Pay for mandatory training time, avoid deductions that cut pay below minimum wage and classify exempt/non-exempt employees correctly.

 

4. Worker classification

Get the employee vs. independent contractor decision right. Misclassification can mean back pay, penalties and IRS/DOL action.

 

5. Data protection

Secure personnel files, limit access to sensitive information and follow clear retention and disposal procedures.

 

6. Anti-discrimination and harassment

You must prevent, not just respond to, discrimination or harassment. Train managers, act quickly on complaints and document everything.

 

7. Leave laws

Know which federal and state leave laws apply to your business. Handle disability-related leave under ADA rules and document all requests.

 

8. Workplace safety

OSHA applies to most businesses. Provide safety training, display required posters and document both incidents and preventive measures.

 

If you’re unsure as to whether your processes meet federal, state and local requirements, it’s worth reviewing them now. Prevention is always cheaper than the cost of a fine or lawsuit.

 

If you’d like a free 30-minute compliance check-up for your business, get in touch today.

 

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Growth often reveals hidden HR risks

 

As your business scales, it’s easy to outgrow the systems you set up early on.

 

That offer letter template you downloaded three years ago? It probably doesn’t reflect current law or your evolving business needs.

 

Your newly promoted supervisor? They might not know what they can or can’t ask in a performance discussion.

 

These gaps don’t always cause problems straight away.

 

But when something goes wrong, they can lead to legal claims, lost time and expensive distractions.

 

The most resilient businesses don’t wait for a crisis.

 

They put clear agreements, up-to-date policies and proper manager training in place before they need it.

 

When did you last review yours?

 

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Your team might be working more hours than you think

 

Recent US research shows that many employees are working well beyond their regular hours: starting early, finishing late or logging in at night to keep up with heavy workloads.

 

Microsoft data shows a 16% rise in meetings after 8 p.m., while Glassdoor reports burnout mentions have jumped 32% in early 2025.

 

With hiring freezes and skills shortages, many companies are piling more onto existing teams instead of recruiting.

 

The result? Higher stress, more mistakes and good people eventually leaving for jobs with better boundaries.

 

Are your people putting in extra hours just to cope? If so, it might be time to review workloads or rethink hiring gaps before burnout costs you your best talent.

 

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Faster permits could boost small business growth

 

Some US cities are slashing red tape to make it easier for small businesses to expand.

 

In Oakland, new reforms mean certain contractor and restaurant permits are now approved in seconds instead of days. Non-structural projects can get same-day approval and ground-floor business use has been expanded in key districts.

 

While these changes are local for now, they could signal a broader shift toward streamlining processes and cutting costs for small business owners across the country.

 

It’s part of a bigger push to make it easier for small businesses to thrive: great news that’s worth watching wherever you’re based!

 

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The mental health crisis hitting US small businesses

 

84% of US workers experienced at least one mental health challenge in the last year, and 71% reported at least one symptom of stress.

 

The Centers for Disease Control and Prevention (CDC) estimates that productivity losses linked to absenteeism cost US employers $225.8 billion each year, that’s around $1,685 per employee.

 

You may have noticed it in your own team:

 

  • Key people seem burned out and less engaged than they used to be.

  • Sick days are more frequent, often for stress-related reasons.

  • The usual energy and productivity just isn’t there anymore.

 

This isn’t a short-term blip, it’s the new reality.

 

Most small businesses aren’t equipped for it.

 

  • Managers are having conversations they’ve never been trained for.

  • Mental health support may not go beyond an EAP phone number in the handbook.

  • Everyone’s feeling the strain, but few know how to provide meaningful help.

 

Some businesses are getting ahead of this:

 

  • Training managers to spot when someone is struggling and how to have supportive conversations.

  • Making it acceptable to talk about stress instead of pretending that everything is fine.

  • Connecting employees with real resources, from EAP programs to local mental health providers.

 

The reality is that mental health support isn’t just about being compassionate.

 

It’s about protecting your business from rising absenteeism, falling productivity and the loss of talented people you can’t afford to lose.

 

Is your business ready for this challenge?

 

Get in touch to discuss the practical steps you can take to support your team before problems get worse.

 

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Q&A

 

What should I do if an employee shares confidential business information?

 

Don't panic but act quickly. Work out what they shared and with whom. Check their employment agreement, handbook or signed confidentiality/non-disclosure agreement. If it's gone outside your business, try to limit the damage.

 

Then follow your disciplinary process properly: investigate, give them a chance to explain and document everything. Really serious situations might mean dismissal but get advice first.

 

How do I handle it if an employee says they feel unsafe at work because of another coworker?

 

Take this seriously right away. You have a duty to provide a safe work environment under federal and state law. Tell them you'll look into it confidentially, then actually do it. Talk to everyone involved.

 

If there's immediate danger, temporarily separate them while you figure things out. Then decide what to do: could be a conversation, training or formal disciplinary action. Again, it's best to seek advice before making a decision.

 

Do I have to allow pets in the workplace if someone asks for it as a reasonable accommodation?

 

Generally no, but it depends. If someone has a disability and genuinely needs a service animal under the ADA, you need to consider it seriously.

 

You can say no if there are proper reasons, like health, safety or legitimate business concerns. Just regular pets because someone wants them? You don't have to allow that.

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