New HR Regulations for 2011
H/R 2011: New and Possibly Coming Soon
Most Human Resource Departments are already busy making sure they are in compliance with the new GINA regulations that were recently published and went into effect January 1, 2011. But more proposals may be enacted this year that will keep you busy. Make sure you stay current with the law – click here for more information on a non-discriminatory workplace.
New for 2011
GINA: New Regulations Effective January 1
The Genetic Information Nondiscrimination Act prohibits collecting, using or disclosing genetic information. Smart employers are reviewing all their personnel materials to assure there are no references or requests for information on genetics or family medical history for employees or their families. Make sure to review:
New hire materials
Policy and procedure manuals
Insurance information – medical, life, worker’s compensation, even dental
Personnel files
Talk to any health care provider you use to make sure they don’t request or disclose any protected information:
Pre-employment physicians
Wellness program facilities
Occupational Medicine facilities
Source: http://www.eeoc.gov/policy/docs/qanda_geneticinfo.html
Check your Minimums
Some states will see increases in the minimum wage effective January 1:
- Arizona — $7.35
- Colorado — $7.36
- Montana –$7.35
- Ohio — $7.30
- Oregon — $8.50
- Vermont — $8.15
Military FMLA
If your company calculates FMLA on a calendar year basis, remember the recent FMLA amendment grants the spouse, parent or child of a person serving on active military duty up to 26 weeks per year to care for an injured or ill service member.
Source: http://www.dol.gov/whd/fmla/
Proposed Rulings
Two proposed regulations are in the works from the NLRB and the DOL which may impact you in 2011. Both agencies will take comments from employers until February 2011.
NLRB Postings
The National Labor Relations Board is proposing all employers post notices to employees (union and non-union) of their rights under the National Labor Relations Act. They believe many employees are unaware of their rights under the Act and posting will provide information as well as encourage statutory compliance.
Source: http://www.federalregister.gov/articles/2010/12/22/2010-32019/proposed-rules-governing-notification-of-employee-rights-under-the-national-labor-relations-act
Lactation Accommodation
The Department of Labor is issuing their “preliminary interpretations” under the Patient Protection and Affordable Care Act which proposes nursing mothers be given a reasonable break time to express breast milk for her nursing child up to 1 year old, each time she needs to do so.
Source: http://www.dol.gov/whd/regs/compliance/whdfs73.htm
Make sure your company has a prosperous and non-discriminatory New Year! Click here for more information on the laws and regulations that you need to comply with in 2011.
