by Jan L. Fox
As you began 2015, you probably made resolutions and promised yourself you would do better in the new year. As 2015 comes to a close, it’s still not too late to improve your professional practice. Here are five things an HR manager can do to bring 2015 to a successful conclusion. 
End-of-the-year resolutions
(1) Make sure your organization is in compliance with wage and hour and wage payment laws. Compliance with the Fair Labor Standards Act (FLSA) and state wage laws is one of the biggest issues facing HR managers at most organizations. FLSA claims are not only costly but are also some of the more commonly litigated employment claims in the federal court system. Make sure your exempt employees are really exempt. Don’t be tempted to take shortcuts when it comes to FLSA classification because your shortcuts can get you sued.
(2) Review your employee handbook to make sure it’s up to date and in compliance with your employment practices and the law. It may have been a while since you last examined your employee handbook in detail. As the seasons have changed, so have your company’s employment practices and the applicable laws. Before 2016 comes knocking on your door, take the time to review your policies and practices to determine whether you need to undertake major updates or simply make a few tweaks here and there. A good, up-to-date employee handbook can be a great defense if you’re ever facing employment litigation.
Need to learn more about the updates your employee handbook will need in 2016? Between the implementation of the Affordable Care Act, labor-friendly victories at the National Labor Relations Board, the legalization of marijuana, increased focused on transgender employees, and the passage of paid sick leave and domestic violence leave laws across the country, 2016 changes will likely necessitate changes to your employee handbook. Tune in January 7 to the BLR webinar Employee Handbooks: Key Updates, Drafting Tips, and Enforcement Advice for 2016 to learn how to update your employee handbook—a living document that must remain current and correct to protect your organization in the event of a dispute with a current or former employee.
(3) Make sure your company is up to speed on the ACA. The Affordable Care Act (ACA) is a complicated law, and even a rudimentary understanding of its impact on your company and your employees can be a challenge. Despite all the attacks by Republicans in Congress, the ACA isn’t going away anytime soon. As many of its provisions begin to take effect, the day will come when businesses that aren’t in compliance with the ACA will be subject to enforcement actions and lawsuits. Make sure your company isn’t in the crosshairs of a lawsuit. Get educated and up to speed on the Act’s compliance requirements.
(4) Even though your company may be nonunion, be familiar with the NLRA. The National Labor Relations Act (NLRA) generally applies to all private-sector companies except those in the railroad, airplane, and marine transportation industries. The common belief is that unless your company is the target of a union organizing drive or you already have a union, the NLRA is something you will never need to worry about. That belief is incorrect.
If you’re an HR manager, you need to understand the ramifications of every employee’s right to engage in “protected concerted activity” (i.e., discussing their terms and conditions of employment). The National Labor Relations Board (NLRB) has issued recent decisions punishing employers that have disciplined their employees over their use of social media, published overly broad handbook policies, and disciplined employees for breaches of confidentiality. All of those decisions have arisen when employees engaged in protected concerted activity in a nonunion environment.
The NLRB now has an entire section on its website devoted to educating people about the right to engage in protected concerted activity. Make sure to read the Board’s webpage and determine how you will ensure that your nonunion company isn’t hit with an unfair labor practices charge.
(5) Make modern technology your friend, not your enemy. It seems like some great piece of modern technology that promises to increase workplace efficiency comes out every few months. While new technology can be helpful, make sure employees don’t misuse and abuse these workplace tools.
Protect personally identifiable information used in your business from being inappropriately accessed. Train your employees on appropriate and inappropriate use of workplace technology and your company’s expectations regarding e-mail and professional conduct both during and outside working hours. In addition, make sure you have an e-mail policy informing employees that you will monitor their e-mail to ensure compliance and that they have no expectation of privacy when they use the company’s e-mail system.
Bottom line
The year is quickly coming to an end. Resolve to finish out 2015 by taking a proactive approach to improving your workplace and getting a head start on the new year. Remember, 2016 is right around the corner.
Jan L. Fox is an attorney with Steptoe & Johnson PLLC in Charleston, West Virginia. She may be contacted at jan.fox@steptoe-johnson.com.