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NEP on Recordkeeping

As a reminder, the Occupational Safety and Health Administration (OSHA) launched its “National Emphasis Program (NEP) on Recordkeeping” last year after various studies revealed that many companies were underreporting or incorrectly reporting workplace-related injuries and illnesses. OSHA plans to increase enforcement of accurate reporting requirements through the NEP pilot program that continues through February 2012.

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Social Security and Medicare Tax for 2012

The employer tax rate for social security remains unchanged at 6.2%. On wages paid and tips received before March 1, 2012, the employee tax rate for social security is 4.2%. On wages paid and tips received after February 29, 2012, the employee tax rate for social security increases to 6.2%.

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OFCCP Proposal to Improve Job Opportunities for Individuals with Disabilities

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is proposing a new rule that would require federal contractors and subcontractors to set specific hiring goals regarding employees with disabilities, including a goal for federal contractors to have at least 7% of their workforces comprised of individuals with disabilities. All comments must be received by February 7, 2012.

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OSHA Annual Summary Posting Deadline

By February 1, 2012, an employer subject to the Occupational Safety and Health Administration (OSHA) recordkeeping provisions for 300 logs regarding workplace injuries and illnesses must post its 2011 annual summary (Form 300A).

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IRS Mileage Rate

The Internal Revenue Service (IRS) optional standard mileage rate of 55.5 cents/mile for business miles expires on December 31, 2011. The IRS has not yet announced if the rate will be different in 2012.

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OCR Privacy and Security Compliance Audits

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is responsible for privacy and security enforcement under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The OCR is piloting a program to perform up to 150 audits of covered entities to assess privacy and security compliance. Audits are to conclude by December 2012.

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OSHA Whistle-Blower Claims

Published in the Federal Register on November 3, 2011, the U.S. Occupational Safety and Health Administration (OSHA) announced Sarbanes-Oxley Act whistle-blower claims may now be filed orally. The final rules revise existing regulations and public comments must be received by January 3, 2012.

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Social Security Benefit Increase

On October 19, 2011, the Social Security Administration (SSA) announced the monthly Social Security and Supplemental Security Income (SSI) benefits will increase in 2012. The 3.6 percent cost-of-living adjustment (COLA) will begin with the January 2012 benefit payments. Increased payments to SSI beneficiaries will begin on December 30, 2011.

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New NLRB Notice Required

The National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). The NLRB will enforce employers to post a new NLRA notice in the workplace. The posting requirement is effective November 14, 2011

Covered Employers

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Proposed Parental Bereavement Act

On July 13, 2011, the Parental Bereavement Act was introduced in Congress. The bill would amend the federal Family Medical Leave Act (FMLA) by adding a new job-protected leave category for the death of an employee's son or daughter. If passed, an eligible employee would be entitled to a total of 12 workweeks of unpaid leave during any 12-month period due to the death of a child.

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Health Insurance Premium Tax Credit

On August 12, 2011, the Departments of Treasury and Health and Human Services released Proposed Regulations to provide guidance to individuals who enroll in qualified health plans through State-based Exchanges, as envisioned under the Affordable Care Act, and to provide guidance to Exchanges that make qualified health plans available to individuals and employers. Comments must be submitted by October 31, 2011.

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Executive Order 13495 Final Rule

On August 29, 2011, the Department of Labor's Wage and Hour Division (WHD) issued a final rule to implement President Obama's Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The Executive Order requires federal contractors and subcontractors that are successors to certain government contracts to offer employment on a "first right of refusal" to employees (not including managerial or supervisory employees) employed under the predecessor contract, whose employment would be otherwise terminated at the end of the predecessor contract.

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OSHA's 2011 Site-Specific Targeting Plan

On September 9, 2011, the Occupational Safety and Health Administration (OSHA) announced its 2011 Site-Specific Targeting (SST) plan, the agency's annual inspection program for general industry establishments with high numbers of injuries and illnesses. This year's SST has been expanded to include establishments with as few as 20 employees. The SST does not apply to employers in states with their own state occupational safety and health agency, although state agencies may choose to adopt the federal program in lieu of creating their own.

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American Jobs Act

On September 12, 2011, President Obama revealed the Jobs Bill that encompasses several employment-related provisions. Some of the provisions offer relief from payroll taxes and provide tax credits for hiring the long-term unemployed individuals and veterans. More details will be available as they are released by the government.

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Right to Know Rule

By October 2011, the Wage and Hour Division seeks to issue a proposed rule updating the recordkeeping regulations under the Fair Labor Standards Act (FLSA) in order to enhance the transparency and disclosure to workers of their status. The recordkeeping requirements would provide an explanation about how workers are classified as an employee or as an as an independent contractor and how their pay is computed.

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