Risks of Noncompliance with Employment Law Increase Say BLR Editors

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

Are class action lawyers peering at your comp practices? It’s likely, but you can keep them at bay by finding and eliminating any wage and hour violations yourself. Our editors recommend BLR’s easy-to-use FLSA Wage & Hour Self-Audit Guide. Try it for 30 days … on us.

What’s New in Affirmative Action and OFCCP?

On the affirmative action front, says Schoenfeld, 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, Schoenfeld says.
• Sex Discrimination Guidelines (NPRM—August 2013). This is likely to be postponed until 2014, Schoenfeld says.
• Construction Contractors’ AA (NPRM—October 2013). This is also likely to be postponed until 2014, Schoenfeld says.

Complex new rules on top of complex old rules. From hiring to firing, comp’s never easy. Take wage and hour, your most basic compliance challenge. What’s the regular rate for overtime? Are managers allowing off-the-clock work? And then there’s the issue of mobile devices after hours—the list of ways you can get into trouble seems endless. How do you really know if your managers and supervisors are following your guidelines? There’s only one way to find out what sort of compensation shenanigans are going on—regular audits.

To accomplish a successful audit, BLR’s editors recommend a unique checklist-based  program called the Wage and Hour Self-Audit Guide. Why are checklists so great? Because they’re completely impersonal, and they force you to jump through all the necessary hoops, one by one. They also ensure consistency in how operations are conducted. And that’s vital in compensation, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.

Experts say that it’s always better to do your own audit and fix what needs fixing before authorities do their audit. Most employers agree, but they get bogged down in how to start, and in the end, they do nothing. There are, however, aids to making Fair Labor Standards Act (FLSA) self-auditing relatively easy.

What our editors strongly recommend is BLR’s Wage & Hour Self-Audit Guide. It is both effective and easy to use, and even won an award for those features. Here’s what customers like about it:

• Plain English. Drawing on 30 years of experience in creating plain-English compliance guides, our editors have translated FLSA’s endless legalese into understandable terms.

• Step-by-step. The book begins with a clear narrative of what the FLSA is all about. That’s followed by a series of checklists that utilize a simple question-and-answer pattern about employee duties to find the appropriate classification.

All you need to avoid exempt/nonexempt classification and overtime errors, now in BLR’s award-winning FLSA Wage & Hour Self-Audit Guide. Find out more.

• Complete. Many self-audit programs focus on determining exempt/nonexempt status. BLR’s also adds checklists on your policies and procedures and includes questioning such practices as whether your break time and travel time are properly accounted for. Nothing falls through the cracks because the cracks are covered.

• Convenient. Our personal favorite feature: A list of common job titles marked “E” or “NE” for exempt/nonexempt status. It’s a huge work saver.

• Up to Date. If you are using an old self-auditing program, you could be in for trouble. Substantial revisions in the FLSA went into effect in 2004. Anything written before that date is hopelessly—and expensively—obsolete. BLR’s Wage & Hour Self-Audit Guide includes all the changes.

You can examine BLR’s Wage & Hour Self-Audit Guide for up to 30 days at no cost or obligation. Go here and we’ll be glad to arrange it.