"TO DO" LIST FOR EMPLOYERS IN 2013  

 March 21, 2013


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I've been posting employment law issues and hope that you find them useful.  It's a complex area of law and we are fortunate to have Judge Ruth Kraft available to raise and answer so many issues.  She is another resource at Kirschenbaum & Kirschenbaum that I encourage you to use.

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    A "TO DO" LIST FOR EMPLOYERS IN 2013

    Although 2013 has already begun, it is not too late to review your existing employment plans and to implement updates.  Regulation of the employer-employee relationship is increasing at such an intense pace that, if you are standing still, you may well be out of compliance and at risk.  Here are Judge Ruth’s Top 10 recommendations for 2013:

    Develop and implement disaster planning.  How did you handle employee leave and business closures in the wake of Hurricane Sandy?  If you addressed this on an ad hoc basis, you could have problems resulting in dissatisfaction on both sides of the table.  Create a plan to address employee pay, leave, benefits, safety and communication issues.  Set your expectations and communicate these to your workers.  Involving them in the planning is always a positive idea.

    For employers with 50 or more employees, prepare for reporting and recordkeeping deadlines under the Affordable Care Act.  By March 1, you will be required to provide employees with written notice of the availability of health insurance through state exchanges and the tax credits available to offset employee premiums where an employer-sponsored plan is not provided.

    Review your applicant and worker background check policies and practices to comply with the EEOC’s 2012 enforcement guidelines and the fair Credit Reporting Act.

    Review and update your electronic communications, social networking and media policies.  The NLRB has acted emphatically in 2012 to prohibit social media policies that restrict communication in matters of concerted interest to workers and to overturn disciplinary actions against workers who have complained, using social media, about working conditions, pay or other terms of employment.

    Equal pay for equal work:  Compensation policies and practices with regard to female workers should be evaluated to ensure compliance with the Equal Pay Act and Title VII.  The US Department of Labor has announced that it will increase investigation and enforcement activities in 2013.

    Don’t forget to review and update workplace posters to ensure compliance with state law posting requirements.  If you purchased a poster several years ago, it may not include reference to recent statutes, such as New Jersey’s gender equality notice or the New York City anti-discrimination laws with regard to sexual preference or gender classification.

    Review employee and independent contractor classifications to insure that workers properly classified under the standard applied by the IRS, US Dept of Labor, and state agencies.  Audits at all levels of government will increase monumentally in 2013.  Do not think that you will be immune from scrutiny.  All it takes is for one unemployment claimant to report information to the NYS Dept of Labor for you to find your company under the combined scrutiny of the IRS, US Dept of Labor, NYS Dept of Labor, and the Workers’ Compensation Board.  And, if you have business operations in Massachusetts, NY and the Commonwealth have just begun to share information across state lines!

Review employee attendance policies and practices to ensure compliance with the Americans with Disabilities Act.  The EEOC has taken the position in 2012 that policies requiring employees to disclose specific medical reasons for health-related absences violate federal law.

    Review worker exempt and non-exempt classifications.  The US Dept of Labor is aggressively pursuing enforcement activity on this issue.

    Schedule a compliance audit of all your labor and employment law policies and procedures.  Do not “self-audit”!  Although your human resources personnel may be knowledgeable, the results of any audit they conduct are not privileged under the law and may be subject to discovery by plaintiffs’ counsel.

    Kirschenbaum & Kirschenbaum can assist you in identifying risks and planning to reduce your exposure in the current regulatory environment.  For a consultation regarding employment and labor issues, please contact Judge Ruth Kraft of the Labor and Employment Practice Group at (516) 747-6700, ext. 326.

     Employment law is changing at such a rapid pace that even the smallest tidbit of legal advice can be of prospective benefit to you.


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