Happy New Year - January 2011

What has the New Year brought you?  For my family, it's a new dog.  Well, not quite new, she's 5 years old (we think).  We've never had a dog before and it has been quite a learning experience for my family.  For example, on the dog's second morning, my daughter discovered that when the dog wakes you up in the morning, it's not because she wants to play or eat.  As a matter of fact, if you don't take care of what the dog needs fairly quickly, let's just say, it's a messy morning.  There's a lot to learn when you have a dog or any pet for that matter.  You certainly can't learn it all overnight. 

 

Whenever we take on new responsibilities, it takes a bit of training to learn our new roles and responsibilities.  That's why The HR Team provides training on performance management, interview skills, sexual harassment and more.  Want to know more?  Visit our website or contact us at The HR Team.



New Year's Resolutions       


Resolutions started a long time ago; actually, 2,162 years ago if historians are correct. In 153 B.C., the first month of the year was named for a mythical king of early Rome named Janus.

With two faces, Janus could look back on past events and forward into the future. He became the symbol for New Year's resolutions. Many Romans asked for forgiveness from their enemies, decided how to improve themselves, and exchanged gifts just before the New Year began.

Modern New Year's resolutions have a reputation for being forgotten or discarded within days or weeks of the holiday. If done seriously, however, starting the New Year with a legitimate plan can be successful. According to experts, here's how to do it.  

  • Take responsibility for the change so your motivation will be sustained. 
  • Be realistic. Habits and behaviors that are changed gradually have a greater chance of success. 
  • Redefine physical discomfort. Psychologist Pauline Wallin, editor of The Pennsylvania Psychologist, says the physical discomfort of not smoking can be redefined as cleansing your body. Discomfort from not overeating can be a sign that your body has to go to fat reserves for energy. 
  • Make it non-negotiable. Exercise at the same time every day. Whatever your plan, practice it every day.

No one will be perfect at making difficult changes, but if you falter, learn from your mistake and move on. 

Upcoming Event


Thursday, January 20, 2011

7:30 - 9:30am

Association For Corporate Growth's Annual

Deal Market Update

The Center Club, Baltimore, MD



Genetic Information Non-Discrimination Act of 2008 ("GINA")
by Melissa Jones, Esq.


EEOC's regulations for the Genetic Information Non-Discrimination Act of 2008 ("GINA") took effect January 10, 2011.  Prohibiting the acquisition, use and disclosure of genetic information, GINA also impacts more routine matters, such as how employers ask for medical information relating to employees and their family members.  GINA applies to employers with 15 or more employees. 

 

Employer procedures are affected in two important ways.  Employers must give notice to company physicians prohibiting them from collecting genetic information about employees.  Also, to take advantage of a "safe harbor provision," employers should notify employees and their doctors that genetic information should not be provided to the employer.  This would protect employers from violating the law if they accidentally acquire genetic information in connection with a health-related inquiry.

 

The regulations provide specific language for employers to use when giving the "safe harbor" notice, which should be included in employer handbooks and provided to employees in connection with a health-related inquiry.  Because "genetic information" includes family medical history, EEOC created an exception allowing employers to require such information to support a request for FMLA (or similar) leave to care for a family member with a serious health condition.

 

Further information, including a definition of genetic information, is available on the EEOC website.

 

Questions?  Contact Melissa Jones at Tydings & Rosenberg LLP, at 410-752-9765.
 

Standard Mileage Rates for 2011

The Internal Revenue Service has issued 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.


Beginning January 1, 2011, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) are:

·  51 cents per mile for business miles driven.

·  19 cents per mile driven for medical or moving purposes.

·  14 cents per mile driven in service of charitable organizations.

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

 

Revenue Procedure 2010-51 and  Notice 2010-88 contain additional details regarding the standard mileage rates.



EEOC Files Nationwide Hiring Discrimination Lawsuit Against Kaplan Higher Education Corp.

The U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit that Kaplan Higher Education Corporation, a nationwide provider of postsecondary education, engaged in a pattern or practice of unlawful discrimination by refusing to hire a class of black job applicants nationwide.

According to the EEOC's suit, since at least 2008, Kaplan Higher Education has rejected job applicants based on their credit history. This practice has an unlawful discriminatory impact because of race and is neither job-related nor justified by business necessity.

It is a violation of Title VII to use hiring practices that have a discriminatory impact because of race and that are not job-related and justified by business necessity.  As a result of these practices, the EEOC states that the company has violated Title VII of the Civil Rights Act of 1964.  The suit (Civil Action No. 1:10-cv-02882) was filed by the EEOC's Cleveland Field Office in U.S. District Court for the Northern District of Ohio.

According to the EEOC, workplace discrimination charge filings with the federal agency nationwide rose to an unprecedented level of 99,922 during fiscal year 2010. 

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website.


Breaks for Nursing Mothers

The Patient Protection and Affordable Care Act ("Affordable Care Act") amended Section 7 of the Fair Labor Standards Act ("FLSA") to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has the need to express milk.

Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. The Wage and Hour Fact Sheet #73 "Break Time for Nursing Mothers under the FLSA" and the Frequently Asked Questions (FAQs) posted below provide basic information about the law.

Want to know more?  The Department of Labor has created a webpage.

 

 

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