Things to Do and Watch for in 2012

OSHA 300A Summary of Work Related Injuries and Illnesses

All employers covered by OSHA Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Use your OSHA 300 Log to count the number of entries in each category. If there were none for a particular category, enter “0”. The Summary must be posted from February 1 to April 30.

Employee Rights Poster

The posting requirement for this NLRB poster has again been postponed from January 31 to April 30. The federal court in Washington DC asked for the delay as it reviews a legal challenge to the rule by the National Association of Manufacturers.

Social Media and the NLRB – NLRB Actions

Continue to watch for the NLRB playing a role in what can and cannot be posted by employees on social media. They have interpreted several cases that winked at concerted activity to be protected. Employers need to be careful about disciplinary action for employees in this regard. If employers have a Social Media Policy, it needs to be checked to ensure it does not have general language prohibiting negative talk or discussing terms and conditions of employment.

The NLRB has become a pro-labor agency. One area of intended action is changing the length of time before a union election can be held. If this occurs, it could hamper an employer’s actions greatly.

Also, Obama has appointed several new members to the Board, and we need to watch what’s coming.

Employee Classification

Exempt vs. non-exempt classifications and workers classified as independent contractors or 1099s will continue to receive increased scrutiny by the Department of Labor’s Wage and Hour Division and the IRS. Also expect to see more sharing of information between agencies – federal and state, workers’ compensation, OSHA, unemployment and tax agencies, EEOC.

Employee Retention

As a result of the roller-coaster economy, many employees have stayed with their current employer longer than intended. As the job market picks up, employers need to pay particular attention on what they need to do to retain their best employees.

The above information is provided for informational purposes and is not to be considered legal advice. Questions, call Larry Elinskas at 804-966-8100.