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Harassment & Discrimination

New HR Regulations for 2011


Oct 18, 2010

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: Background Information for EEOC Notice of Proposed Rulemaking On Title II of the Genetic Information Nondiscrimination Act of 2008

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: Family and Medical Leave Act

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:   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: Fact Sheet #73: Break Time for Nursing Mothers under the FLSA

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.

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