13 Labor & Employment Resolutions For 2013, Part 2

Yesterday, we posted the first seven of our 13 suggested resolutions for 2013. Here, as promised, are our final six. Once again, do not delay in considering these items for inclusion in your plans for the year.

8. Review and update workplace posters to ensure compliance with existing and new state law posting requirements, such as New Jersey's new gender equality notice.

9. Review worker Employee and Independent Contractor classifications to ensure that workers are classified properly under the varying standards applied by the IRS, the U.S. Department of Labor (DOL) and the agencies in your state, in view of the DOL's continued compliance initiatives and joint efforts with state and other federal agencies, and the increasing wave of audits initiated by the IRS. Indeed, while Secretary of Labor Solis soon will be leaving, onerous proposed regulations - including regulations affecting classification of employees - on "hold" during the election year are on the shelf and are likely to be published this year in final form under the new Labor Secretary, whomever that may be.

10. Review and update employee attendance policies and practices to ensure compliance with the Americans with Disabilities Act (ADA) in view of the EEOC's enforcement position that policies and practices that require employees to disclose specific medical reasons for health-related absences violate the ADA.

11. Review worker volunteer designations and employee exempt and non-exempt classifications to ensure compliance with the Fair Labor Standards Act in view of increased enforcement activity from the DOL on these issues. While the "fiscal cliff" was averted temporarily, failure of Congress to raise the debt ceiling in the coming weeks could place us there once again, and may have an impact in some industries on employees' schedules, responsibilities and hours.

12. Review your organization's...