The federal Department of Labor (DOL) recently announced that it will significantly change the approach on how it regulates employers’ compliance with certain federal laws. In 2012 the DOL will issue regulations requiring employers to take affirmative steps to ensure compliance with federal wage-and-hour, safety, and anti-discrimination laws. The DOL is moving from the “catch me as you can” approach to regulatory compliance toward a much more proactive enforcement stance with the burden on the employer to “plan, prepare and protect”. So what’s your plan? Are you prepared? How will you protect? Let’s take it step by step to understand what “plan, prepare and protect” really means.
Plan will require employers to create plans and processes that assess and demonstrate compliance with the federal laws.
Prevent will require employers to implement the plans and demonstrate to the workers that the plans are actually in use.
Protect will require employers to designate certain individual at the company to be tasked with implementing plans and evaluating their effectiveness.
The state of California (as usual) isn’t waiting on the federal Department of Labor. There are several new regulations that take effect on January 1 that will require employers to be much more proactive in notification to employees regarding wage and hour. California employers should be sure to attend tomorrow’s webinar, “California HR Legislative Update” presented by John Boggs, nationally recognized labor attorney. You can register for the webinar at http://www.kpaonline.com.