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Recent Updates
Age Discrimination in Employment Act (ADEA) [PDF] Updated 4/2012 - On March 30, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) published, in the Federal Register, the “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). The final rule clarifies that the ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals, unless the employer can show that the policy or practice is based on a reasonable factor other than age. The rule explains the meaning of the RFOA defense and makes EEOC’s regulations consistent with Supreme Court case law. The new regulations, which have an effective date of April 30, 2012, apply to private employers with 20 or more employees, state and local government employers, employment agencies, and labor organizations.
Hazard Communication [PDF] Updated 4/2012 - On March 20, 2012, OSHA released its revised Hazard Communication Standard, aligning it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This update to the Hazard Communication Standard (HCS) will provide a common and coherent approach to classifying chemicals and communicating hazard information on labels and safety data sheets. Once implemented, the revised standard will improve the quality and consistency of hazard information in the workplace, making it safer for workers by providing easily understandable information on appropriate handling and safe use of hazardous chemicals. As a result of these modifications, employers are required to align their existing HCS compliance measures with new GHS requirements. By December 1, 2013, employers are required to train employees on the new label elements and safety data sheet format to facilitate recognition and understanding.
National Labor Relations Act (NLRA) [PDF] Updated 4/2012 - On April 17, 2012, a federal appeals court in Washington, D.C., blocked the National Labor Relations Board (NLRB) from requiring American businesses to post its NLRA Employee Rights Poster by April 30, issuing a temporary injunction to stop the mandate. The injunction follows on the heels of a federal court's decision in South Carolina that said the board lacks the authority to mandate the poster. The U.S. Court of Appeals for the District of Columbia now says the poster cannot be required until certain legal issues are resolved. According to the D.C. Circuit Court of Appeals Order, briefing of the appeal is expected to be completed by June 29, 2012, and oral argument is expected to be scheduled in September 2012.
Newsletters - In addition to complying with mandatory changes to posting and notification requirements, all employers must comply with other legal mandates that may impact policies, procedures, record keeping practices, and training requirements.
To ensure protection and avoid potential liability, all businesses must keep up to date with changing laws and regulations, and must take action to ensure compliance. To help employers to stay current with these updates, Personnel Concepts publishes 6 quarterly newsletters, each focusing on a specific area of employment law. Reviewing these newsletters takes approximately 15-20 minutes, thus minimizing the amount of time employers need to spend researching and understanding law changes.
Compliance Concepts – a quarterly newsletter to keep employers informed of labor law revisions and compliance issues.
January Issue [PDF]: NLRB “Employee Rights” Notice Posting Requirement, OSHA Proposal Changes Recordkeeping Rule to Cover More Employers
April Issue [PDF]: Injunction Issued to Block the NLRB's New Unionization Notice, Final Rule Issued: "RFOA" under the ADEA
Benefits Law Quarterly – a quarterly newsletter to keep employers current with changes in health benefit compliance requirements.
January Issue [PDF]: Most Providers are Unprepared for Recently Announced HIPAA Audits, Supreme Court to Review PPACA Constitutionality; Changes to Expect in 2012
April Issue [PDF]: Final Rule Requires Insurers to Provide Clear and Consistent Information When Describing Health Benefits, Expanded Healthcare Tax Credit Planned for Small Businesses
Wage and Hour Compliance Monitor - a quarterly publication to keep employers abreast of common violations and DOL enforcement efforts.
January Issue [PDF]: Employers Get Misclassification Relief, DOL Proposes to Update Child Labor Regulations, State Notification and Posting Changes for 2012
April Issue [PDF]: More States Join in DOL’s Agreement to Reduce Misclassification of Employees, Wage and Hour Division Issues Retaliation Fact Sheets
Diverse Workforce - a quarterly newsletter to keep employers up-to-date with the most common causes of discrimination lawsuits.
January Issue [PDF]: EEOC Reports Record Highs in Intake, Relief and Charges, EEOC Votes in Favor of “Reasonable Factors Other Than Age” Under ADEA
April Issue [PDF]: EEOC Issues Final Rule on "RFOA" Under the ADEA, GINA Recordkeeping Rules Promulgated by EEOC
Safety Compliance Monitor Newsletter - a quarterly publication to keep employers abreast of OSHA enforcement trends and changes to safety regulations.
January Issue [PDF]: OSHA Publishes the Most Frequently Cited Standards for Fiscal Year 2011, Final Rule of Hazard Communication Standard Incorporating GHS Submitted to OMB
April Issue [PDF]: OSHA Revises Its Hazard Communication to Adopt GHS, OSHA Elevates Enforcement of Whistleblower Protections
Employer Legal Brief - a 2,500-word legal brief, written by a licensed attorney, whenever a new or revised workplace compliance regulation takes effect. Each brief provides authoritative information in plain language on a time-sensitive legal issue, including major court decisions, new/revised regulations, and new legislation.
Recent Topics:
Complying with HIPAA [PDF]
Final EEOC Regulation on “Reasonable Factors Other Than Age” under the ADEA [PDF]
Injunction Issued to Block the NLRB's New Unionization Notice [PDF]
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