Enforcement Areas Employers Should be Prepared for this Year

 
If you’re wondering what enforcement areas you should be watching out for this year in 2011, we have some advice for you. Several federal employment oversight agencies have been increasing their enforcement activity, so you should be ramping up your compliance efforts to make sure you’re prepared as well! Some areas to watch include the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) and President Obama’s National Equal Pay Enforcement Task Force.
 
Equal Employment Opportunity Commission – According to the EEOC’s Fiscal Year 2011 Congressional Budget Justification, the Commission is expecting more than 100,000 charges this year. That would be the highest number ever in EEOC history. They will also enforce the Americans with Disabilities Act (ADA) Amendments Act, which has increased the scope of people who are able to claim discrimination and protection. They will also begin enforcing regulations related to the Genetic Information Nondiscrimination Act (GINA). This prohibits the use of genetic information in employment.
 
National Labor Relations Board - The NLRB has been increasing its impact on non-unionized workplaces. They recently filed a complaint against a company that fired an employee for criticizing her superior on the social media website, Facebook. The NLRB said the company’s social media policy prohibiting workers from depicting the company “in any way” was too broad and violated the National Labor Relations Act (NLRA) by not allowing employees to discuss work conditions. The NLRA protects employees’ rights to take part in “concerted activity” (which includes two or more employees discussing workplace conditions or their managers). The NLRB enforces the NLRA.
 
The NLRB announced a rule that would require businesses to notify their employees of their rights under the NLRA. The purpose is to increase knowledge of the NLRA to employees. The required notices would look similar to the postings of workplace rights currently required under the Occupational Safety and health Act, the Americans with Disabilities Act, the Family and Medical Leave Act and other workplace laws. They intend to enforce the rule by treating a failure to post the notice as an unfair labor practice. Companies should know a posting requirement will let employees know they could have a claim against their employer if they are disciplined for conduct that may be construed as “concerted activity.”
 
National Equal Pay Enforcement Task Force – The Department of Labor (DOL) and the Office of Personnel Management (OPM) are expected to crack down on gender-based pay discrimination this year. 
 
Advance preparation is key to ensure you are prepared when it comes to such enforcements!
 
Modern Business Associates is an HR company that focuses on payroll and HR outsourcing. We routinely work with clients on being prepared for oversight agency enforcement. As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.