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Risks of Noncompliance with Employment Law Increase Say BLR Editors

HR Policies & Procedures
by Stephen Bruce, PhD, PHR

BLR’s HR editors recently shared their insights about challenges in 2013. In today’s Advisor, why compliance is going to get tougher in 2013, plus an introduction to the guide especially geared to smaller or one-person HR departments.

For 2013, it’s likely that the risks of noncompliance with employment-related laws are just going to get higher, BLR editors agreed.

First of all, DOL and other agencies are focusing on enforcement. They have more attorneys; they have additional statisticians, inspectors, and investigators; and they have the budget for more staffing.

Although the number of lawsuits is down a little, DOL’s “success” rateand the dollar amounts of settlements are going up.

In addition, with the reelection of President Obama, and the likely resistance he’ll get with legislative approaches, we’re sure to see a lot more nonlegislative action:

  • Executive Orders
  • Regulatory changes
  • Informal opinions
  • Other nonlegislative tactics


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What’s New in Affirmative Action and OFCCP?

On the affirmative action front, the Obama administration has brought unprecedented change to regulation and enforcement, including:

  • Active case enforcement (ACE) system
  • Increased enforcement activity
  • New NLRA notice requirements
  • Changes to functional affirmative action plan (FAAP) requirements
  • New executive compensation reporting requirements for covered contracts

In addition, looking ahead to later in 2013, we can expect:

  • New affirmative action Rules for Disabled and Veterans (Final Rule scheduled for April 2013). This will include a 7% utilization goal for hires with disabilities with a 2% subgoal for severe or targeted disabilities.
  • Compensation Data Collection Tool (NPRM June 2013). This won’t happen in that time frame.
  • Sex Discrimination Guidelines (NPRM—August 2013). This is likely to be postponed until 2014, BLR editors say.
  • Construction Contractors’ AA (NPRM—October 2013). This is also likely to be postponed until 2014.

Complex new rules on top of complex old rules. From hiring to firing, HR’s never easy, and in a small department, it’s just that much tougher.

BLR’s Managing an HR Department of One is unique in addressing the special pressures small HR departments face. Here are some of its features:

  • Explanation of how HR supports organizational goals. This section explains how to probe for what your top management really wants and how to build credibility in your ability to deliver it.
  • Overview of compliance responsibilities, through a really useful, 2-page chart of 23 separate laws that HR needs to comply with. These range from the well-known Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and new healthcare reform legislation, to lesser-known, but equally critical, rules such as Executive Order 11246. Also included are examples of federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for—especially now that the minimum wage has been repeatedly changing.)


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  • Training guidelines. No matter the size of your company, expect to conduct training. Some of it is required by law; some of it just makes good business sense. Managing an HR Department of One walks you through how to train efficiently and effectively with a minimum of time and money.
  • Prewritten forms, policies, and checklists. These are enormous work savers! Managing an HR Department of One has 46 such forms, from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form with your company’s name and specifics.

If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or, better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy. Click here, and we’ll be happy to make the arrangements.

Download Table of Contents

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