Biggest threats small- medium- size enterprises should be concerned in 2012…

1. Retaliation is becoming one of the biggest threats in the Workplace to Employers All are forms of employment discrimination that is prohibited under relevant laws, when employees reasonably exercise their rights under the laws.

Employees who cannot win a discrimination, harassment or other suit against you are finding it much easier to win retaliation claims, making retaliation the most frequent and costly case companies lose. Do not be haste, get made and institutionalize a cooling-off period after anyone’s made a charge. Bonus tip: You have a whole new class of potential retaliation “suers” to worry about: those within a “zone of interest” of those making a charge, like significant others or family.

2. Update Harassment Policy Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behavior which is found threatening or disturbing. New types of harassment claims such as workplace bullying are exploding. It is important to be sure your policy is updated and current. Then republish it to remind people. You need to make sure the harassment policy is broad enough to encompass the non-traditional types of harassment that have caused a slew of new claims.

3. Social media can be a new nightmare Companies that already have social media policies have them updated. When implementing a social media policy, you should consider banning employees from discussing wages and other working conditions with co-workers in any forum, including on their Facebook pages.

It is however, not illegal. According to the National Labor Relations Board, its edict applies to all companies, not just union shops. Section 7: RIGHTS OF EMPLOYEES § 157. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) section 158(a)(3) of this title. While social media is not prohibited, it is prohibited in terms of communicating regarding Company business and conduct. Additionally, when utilizing social medias, employees are expected to respect all others and refrain from insult, offensive behavior or language to any other person.

4. Performance reviews continue to plaintiff attorney’s weapon Performance reviews continue as in the past. It is reiterated the importance of being consistent and truthful process during the performance management process. Make sure performance reviews are held consistently, clear and simple and are truthful.

5. ADA is not about WHO is disabled; but HOW to accommodate The new ADA Amendments Act (ADAAA) is no longer regarding WHO is disabled. It is HOW to accommodate. The law expanding the types of disabilities in practice stands for: “Assume Disability: Always Attempt Accommodation.”

6. FMLA/ADA conflicts Once employee’s 12-week FMLA run out, you CANNOT automatically terminate because they roll over into ADA cases. The employer should start the interactive process contacting the employee inquiring about what accommodations need to be made upon return.

7. Discouraging intermittent leave Make it a priority to manage/track employee absences, leaves, etc. Be consistent and up-to-date on ALL required paperwork.

8. Avoid the new overtime trap; smartphones Avoid giving any non-exempt employees company smartphones. After hour utilization can be considered as clocking in and overtime.

9. Self-audits are key to preparing for OSHA inspections OSHA has more resources and got better at targeting inspections are becoming more prevalent and frequent. It is a matter of when. Conducting self-audits before they knock is key.

10. Constantly talk to staff to ward off union organization. Although a recent court decision has postponed the new NLR has postponed “quickie election” rules. Employers should remain vigilant about internal rumblings of union organizing and constantly talk to staff.

April D. Halliburton All-4-HR & Business Solutions aprilh@all4hrbiz.biz http://www.all4hrbiz.biz