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Ensure Compliance with New Laws of 2012
Posted by on October 6, 2011
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U.S. Capitol -- sxc.hu/slonecker

Whenever state or federal governments enact new laws, there is always controversy surrounding implementation and compliance. Recent laws are no different.

In one of the most controversial and toughest moves on immigration yet, this past month Alabama State Governor Robert Bentley signed a new law that allows authorities to question anyone suspected of being in the country illegally and hold them without bail.

In the meantime, California has a controversy of its own as the debate continues on whether or not cities may ban circumcision of newborn males. In August, a State Senate committee agreed that city and county governments couldn’t enact bans on circumcisions. However, the fight continues.

The latest flare up involves union rights and the newly mandated National Labor Relations Board (NLRB) notice requiring private employers to notify employees of their union rights by posting an 11”x17” notice. The requirement goes into effect November 14, 2011. The National Right to Work Foundation, U.S. Chamber of Commerce and South Carolina Chamber of Commerce are all in the fight to stop what they feel exceeds the NLRB’s authority.

Small Businesses Need to Comply with Laws

As of this writing, the lawsuits have not halted the requirement from the NLRB. Therefore, you should assume that you are required to post the notice on or before November 14, 2011. However, what other regulations do you need to know?

First, in 2010 there was a revision to the Americans with Disabilities Act (ADA). Businesses must comply with the 2010 Standards of Accessible Design as early as September 15, 2011, but no later than March 15, 2012. The regulation revolves around requirements for new construction or alterations to existing buildings.

Another controversial law is the Patient Protection and Affordable Care Act (ACA), which has a variety of provisions with different implementation requirements. Coming in 2012, health plans and insurers are required to create and distribute a document that summarizes benefits to enrollees and policyholders. Expect Health and Human Services (HHS) to issue a standard format and guidelines by the end of 2011.

Finally, make sure your federal (and state) required postings are current. There are over a dozen potential federal postings your organization needs to review including “Equal Opportunity is the Law” and “Employee Rights and Responsibilities Under the Family Medical Leave Act.”

The Department of Labor offers free electronic and printed copies of the required posters. They even offer an eLaws Poster Advisor that can help you determine which federal posters your organization is required to display at your place of business.

For a rather comprehensive list of labor and employment laws that every small business owner or company leader should know, check out this link.

Research State and Local Employment Laws

In addition, don’t forget to check with local and state requirements for your organization. Many states – California, for instance – regularly implement new employment laws each year. You can usually find assistance through your state employment development or industrial relations department or your state chamber of commerce.

As controversial as some laws can be, small business owners and company leaders need to stay abreast of changes that occur to determine whether or not their business is affected. That might mean you’ll need to have a labor lawyer or human resources consultant on speed dial.

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