HR Compliance Checklist

The leasing agent and onsite manager job posts get the most Fair Housing Act scrutiny — language like 'energetic' or 'mature professional' has triggered EEOC charges. Use the firm's standard EEO statement and avoid age, family-status, or gender-coded phrasing. Source-of-income protections in many states (NY, NJ, MA, CA) extend to recruiting copy as well.

Most states require a real estate broker or property manager license for anyone signing leases or showing units — Texas TREC, California DRE, Florida DBPR, etc. Onsite managers in some states (CO, NV, ID) have separate community-manager licenses. Confirm the credential matches the role before extending an offer.

Use a Checkr, GoodHire, or Sterling-grade vendor and capture the standalone FCRA disclosure plus written authorization before pulling the report. Ban-the-box jurisdictions (CA, NY, IL, many cities) restrict when criminal history can be considered — usually after a conditional offer.

FCRA requires a two-step process: pre-adverse notice with the report and a copy of 'A Summary of Your Rights,' a reasonable waiting period (commonly 5 business days), then the final adverse action notice naming the consumer reporting agency. Skipping the pre-adverse step is the most common FCRA class-action trigger.

Section 1 is signed on or before the first day of work; Section 2 must be completed by day 3. E-Verify is required in some states (FL, GA, NC, AZ, MS, AL, SC, TN, UT) and for federal contractors. Store I-9s separate from the personnel file — ICE audits with three days' notice.

Maintenance techs and turnover crews are the classification trap — the IRS, DOL, and most state DOLs (CA AB5, NJ, MA) presume employee status under variants of the ABC test. A 1099 painter who only works your portfolio, uses your supplies, and follows your schedule will be reclassified on audit. Document the analysis before the first paycheck.

Include at-will language (where state law permits — note Montana exception), exempt/non-exempt status, pay rate, the bonus or commission structure for leasing roles, and any non-compete or non-solicit terms permissible in your jurisdiction. CA, OK, ND, MN now restrict employee non-competes.

Handbook should cover Fair Housing obligations, anti-harassment, FMLA, ADA accommodations, and the firm's reasonable-accommodation request process. The signed acknowledgment is the foundation of any future discipline defense — without it, terminations for policy violations are much harder to defend.

Every leasing agent, onsite manager, and maintenance tech who interacts with applicants needs Fair Housing training before taking a single call — including service animal vs. pet rules, ESA documentation standards, and steering language. NAA, IREM, and Grace Hill all offer recorded courses; capture the completion certificate in the personnel file.

CA, NY, IL, CT, DE, ME, and WA mandate harassment prevention training on a 1- or 2-year cycle, with separate supervisor and non-supervisor curricula in CA. Onsite property staff working alone with applicants and vendors is a known elevated-risk profile — don't push this past the 30-day mark.

Property managers earning under the federal salary threshold (and the higher CA, NY, WA thresholds) must be reclassified to non-exempt regardless of duties. The 'administrative exemption' for assistant managers fails on audit when their primary duty is leasing — DOL has settled multiple PM cases on this exact pattern.

Distinguish 'engaged to wait' (compensable) from 'waiting to be engaged' (not compensable) under the FLSA. A maintenance tech who must respond within 30 minutes and stay sober is engaged-to-wait. Document the on-call policy, response window, and minimum call-out pay (commonly 2 hours).

NCCI code 9015 (building operation) carries a much lower rate than 5474 (painting) or 9014 (janitorial). Misclassifying a roving maintenance tech who paints, plumbs, and roofs as a clerical hire is a premium-fraud risk on audit. Match the predominant duty.

ALEs (50+ FTEs) must offer affordable, minimum-value coverage to anyone averaging 30+ hours per week. Use the look-back measurement method consistently; track variable-hour leasing and maintenance staff carefully. ERISA Summary Plan Description must go out within 90 days of plan eligibility.

Keep I-9s separate from the personnel file so an ICE Notice of Inspection doesn't expose unrelated HR records. Retention is the later of 3 years from hire or 1 year from termination.

FLSA requires 3 years for payroll, 2 years for time records and wage-computation records. Some states (NY, CA) require 6 years. Store inside AppFolio, Buildium, or a dedicated HRIS like Gusto or Rippling — paper-only files won't survive a wage-and-hour audit.

Required for private-sector firms with 100+ employees and federal contractors with 50+. Filing portal opens in spring with a hard summer deadline; categorize property managers under SOC 11-9141 and leasing staff under 41-9022 for accurate occupational coding.

Firms above 10 employees in non-exempt SIC codes (most PM operations qualify) must maintain the 300 log. Post the 300A summary February 1 through April 30. Slip-and-falls during turnover work and lifting injuries from appliance moves are the recurring recordables in this industry.

Check eyewash station, ladder condition, ground-fault outlets, properly labeled chemical storage, and the SDS binder. Improperly stored cleaning chemicals next to gasoline cans is the most common shop finding on OSHA inspection.

The Renovation, Repair, and Painting rule requires EPA-certified renovators and certified firms for any disturbance over 6 sq ft interior or 20 sq ft exterior in pre-1978 housing. Penalties are tens of thousands per violation per day. Even a maintenance tech replacing a window sash triggers this.

OSHA 1910.132 requires a written hazard assessment and training certification — not just handing out gloves. Cover respirators for paint and mold work (1910.134 fit testing), cut-resistant gloves for turnover work, and fall protection for any work over 4 feet.

Every leasing office and maintenance shop needs the federal OSHA poster, the FLSA minimum wage poster, the FMLA poster (if 50+ employees), and the state-specific equivalents. Onsite offices at scattered properties are the easiest to miss — include them in the posting cycle.