2022: The Year for Construction Employers to Get Employment Law Compliance Done

With the beginning of a brand new 12 months, there isn’t any higher time to tackle employment legislation compliance.

For a lot of firms within the building trade, HR points usually get pushed to the again burner, typically due to small HR departments with restricted assets, or the looming nature of building prices and deadlines. Regardless of the purpose, delaying compliance can create actual dangers within the employment legislation area.

The prime employment legislation compliance to-do listing for 2022 as a building trade employer:

  1. The Occupational Security and Well being Administration’s (OSHA) Emergency Temporary Standard (ETS) and the federal contractor vaccine mandate necessities ought to prime the listing. Each building trade employer topic to these statutes wants to anticipate and be prepared for compliance. Don’t be caught unprepared. As of this writing, the preliminary injunction on the Federal Contractor Vaccine Mandate stays in place till at the very least January, based mostly on the eleventh Circuit’s current denial of the federal government’s request to elevate the preliminary injunction put in place by the decrease court docket. Nevertheless, the Sixth Circuit eliminated the nationwide injunction of the OSHA ETS necessities. The difficulty of the keep of the OSHA ETS is already pending earlier than the U.S. Supreme Courtroom and the keep of the Federal Contractor Vaccine Mandate will probably make it there as nicely. In the meantime, OSHA indicated it won’t difficulty citations for noncompliance prior to January 10, 2022, and it could train discretion and never difficulty citations for noncompliance with testing necessities earlier than February 9, 2022, if an employer is exercising cheap, good religion efforts to come into compliance with the ETS. These dates usually are not far-off. Now’s the time to act. Furthermore, varied state vaccine legal guidelines might apply within the jurisdiction the place you use and have an effect on the steps chances are you’ll want to take.

  1. For federal contractors, evaluate Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” and contract compliance necessities to spot any deficiencies. Affirmative motion plans and sure notices and provisions within the handbook and workplaces (akin to pay transparency discover and ethics) could also be wanted, and coaching could also be required. Conducting self-audits for potential pay discrimination and noncompliance, and different areas of noncompliance (akin to discriminatory hiring and promotion practices), must also be performed. Failure to be proactive in these areas will be revealed in an audit or investigation and can lead to important actions, together with debarment.

  1. Replace handbooks. There have been many adjustments to state and federal legal guidelines in the previous couple of years, a few of which have gone unnoticed by employers within the chaos of the COVID-19 pandemic and subsequently not applied. This isn’t a viable excuse and lacking or ineffective insurance policies create federal or state legal responsibility. Updating handbooks can have nice affect within the office with comparatively little effort.

  1. Practice supervisors. Getting supervisors off job websites and right into a convention room for coaching, particularly within the age of COVID-19, could also be troublesome. Nevertheless, failure to practice administration on insurance policies and compliance necessities generally is a direct supply of future legal responsibility. Relying on what state and federal legal guidelines apply, there could also be a authorized requirement to practice and, for all employers, preserving authorized defenses is critical. Workers can’t be held accountable if the supervisors themselves usually are not conversant in the employer’s insurance policies.

  1. Evaluate and audit pay practices and classifications ought to make it on the to-do listing. Many states have modified their minimal wage, exempt classifications, extra time calculations, and different pay necessities. Federal wage and hour legislation continues to evolve. Failures to pay claims lend themselves to class actions, making them enticing for litigation. The building trade is focused for sure errors. Employers can keep away from pitfalls by proactively auditing wage and hour and different practices to guarantee compliance.

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