5 Small Business Resolutions For the New Year

Still drafting your new year’s resolutions? Consider the following suggestions from labor and employment lawyers on JD Supra. Think of them as five ways to keep the “happy” in “Happy New Year 2013”…

1. Clean up your workplace policies:

“You have cleaned out your fridge and the cupcakes, cookies, Christmas candy and potato chips are gone (we won’t mention the midnight run to the local convenience store) and you are now surrounded with the super fruit du jour and nothing but healthy options. The same is true of your policies. Have you updated them, have you reviewed what policies are posted to see if they are consistent with practice?” (Davis Brown)

2. Plan for the worst:

“Develop a natural disaster plan (or enhance your existing plan) to address issues such as employee pay, leave, benefits, safety and collective bargaining as well as communication with and among employees in the event of another major natural disaster like Hurricane Sandy or an earthquake.” (Schnader)

3. Update your job descriptions:

“The Department of Labor (DOL) and the Internal Revenue Service (IRS) are actively searching for employee misclassification issues. The DOL has expanded its search for employees who it believes are not properly classified as exempt from overtime requirements and whether independent contractors are truly independent contractors and not employees. The IRS reviews the employer – independent contractor relationships in search of lost revenue with the failure to pay the employer’s share of employment and payroll taxes.” (Bradley Arant Boult Cummings)

4. Align your policies and practices with recent NLRB decisions:

“2012 has been a year filled with important game-changing decisions by the NLRB as the agency seeks to redefine its role in the workplace of union and non-union employees. Historically, the five-member NLRB has included three members from the majority party and two members from the minority party. At present, however, the NLRB has only three members, all from the majority (i.e., the Democratic) party. Because the composition of the NLRB does not appear to be changing anytime soon, the NLRB will proactively seek to expand the rights of employees and organized labor. Accordingly, employers, both unionized and non-unionized, should pay very close attention in 2013.” (BakerHostetler)

5. Improve your retirement plan recordkeeping:

“Keeping good records can determine whether you win or lose in litigation. That is why it’s necessary for plan sponsors to keep good records when it comes to their retirement plan. It’s not just about keeping plan documents, it’s about ‘papering the process’ in keeping records of all decision making.” (The Rosenbaum Law Firm)

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