GINA: A Resource Center for Employers
We've created a hub of analysis, tools, and guidance to help employers understand and comply with Title II of the Genetic Information Nondiscrimination Act (GINA).
Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regs. See the updated section below to find all of the topics.
New Documents
  • HR Audio Presentations:
    Perhaps the greatest single office hazard is that most office workers don’t think of offices as hazardous workplaces and consequently don’t take office safety seriously. You must create a greater awareness of office hazards and emphasize the precautions your office workers need to take to prevent accidents and injuries on the job. Use this Office Hazards audio presentation to train your workers on safety and health.
  • HR Forms:
    This sample HR Telephones form, “Cell Phone Policy Acknowledgement,” can be used in an employee handbook or as a standalone form addressing HR administration issues in the workplace. Download this Telephones sample form to your computer or print it out.
  • HR Guidance Documents:

    What agency administers unemployment compensation issues in your state? How are appeals and reviews handled? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Unemployment Compensation.

  • Does your state offer employees whistleblower protection? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Termination (with Discharge).

  • Does your state regulate employer contributions or participation in group life insurance plans? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Life Insurance.

  • Is your state an employment-at-will state? What are the exceptions? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Employment Contracts.

  • Does your state expand unemployment compensation coverage beyond the Federal Unemployment Tax Act (FUTA)? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Unemployment Compensation.

  • What are the qualification requirements for employees in your state to receive unemployment compensation? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Unemployment Compensation.

  • What are your state's unemployment tax rules and rates? How are unemployment charges allocated among multiple employers? Does your state permit voluntary contributions? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Unemployment Compensation.

  • What restrictions and protections does your state have regarding references? Find out using this state-by-state analysis chart.

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    For in-depth analysis of this topic, see References.

  • What is required of employers regarding new-hire reporting? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Hiring.

  • What are your state's basic workers' compensation requirements for employers? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Workers' Compensation.

  • What workers' compensation issues must employers be aware of? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Workers' Compensation.

  • Does your state restrict private employers from requiring or prohibiting membership in a union as a condition of employment? Does your state allow public-sector employees to organize? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Unions.

  • Does your state have its own minimum wage? Does your state have exemptions to its minimum wage requirement? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Minimum Wage.

  • What are your state’s overtime requirements? Find out using this state-by-state comparison chart.

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    For in-depth analysis of this topic, see Overtime.

  • HR Handouts:
    This session should help the participant understand employer safety responsibilities under the OSH Act, identify employee safety rights and responsibilities, and fulfill workplace safety duties. Use this OSHA Primer handout to train your workers on OSHA.
  • This session should help the participant identify qualities of effective safety teams and the benefits they offer and guide, train, and encourage safety teams to improve safety conditions and performance. Use this handout to train your workers on safety and health.
  • HR Job Descriptions:
    Provide guidance to prospective loan applicants who have problems qualifying for traditional loans. Guidance may include determining the best type of loan and explaining loan requirements or restrictions.
  • Diagnose presence and stage of diseases using laboratory techniques and patient specimens. Study the nature, cause, and development of diseases. May perform autopsies.
  • Perform a variety of food preparation duties other than cooking, such as preparing cold foods and shellfish, slicing meat, and brewing coffee or tea.
  • HR News:
    Restaurants are expected to add 450,000 jobs this summer season, a 4.6 percent increase over the March 2012 employment level, according to National Restaurant Association projections. This year shows the highest summer employment numbers since 1993.
  • The United States Postal Service is offering safe driving tips to Americans Memorial Day weekend and highlighting the importance of employee training programs.
  • This week, the HR Daily Advisor discussed executive pay, wellness programs, and pay budgets for 2013.
  • On Tuesday, the Illinois Senate passed House Bill 3782, a bill that prohibits employers from requiring job candidates to provide a username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.
  • June 2012 will mark the fourth annual National Employee Wellness month. In this video, HR.BLR.com Editor Kyle Emshwiller explains that in recognition of National Employee Wellness Month, HR.BLR.com is making its employee wellness training presentation, "Wellness And You" free for download from now through the month of June.
  • Forty-one percent of chief financial officers (CFOs) interviewed in a recent study said trying to find work/life balance is the greatest source of workplace stress for accounting and finance professionals. Office politics or conflicts with coworkers was cited by 28 percent of respondents.
  • The Justice Department filed a lawsuit against Whiz International LLC, an information technology staffing company in New Jersey, accusing the company of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas.
  • An Illinois business manager quit her job after 6 years and then sued the company for creating a work environment that was hostile to women and paying women much less than men in the same job. The success of her suit varied according to which judges were considering it.
  • An audit of the cost to insure Nebraska's state workers found that the costs are “dramatically higher than those of plans sponsored by various other Nebraska institutions.”
  • When is cancer a disability? Workplace disabilities can come in many shapes and forms, and you may be surprised to learn that cancer can be the cause.
  • If you're faced with an age discrimination claim, but in reality your employment decision was based on some other reasonable factor, how do you prove this in court? Even if you're not faced with a lawsuit, how do you understand what constitutes age discrimination and what business practices will keep you in the clear? Do you understand the concept of "reasonable factors other than age (RFOA)" and how this can be applied when making business decisions?
  • A new report shows that the leading cause of homicides among women was criminal intent, such as those resulting from robberies of retail stores and homicides carried out by personal relations. Nearly 80 percent of these personal relations were intimate partners.
  • A new survey from Plan Sponsor Council of America reveals 403(b) retirement plan plan sponsors' progress and commitment are changing for the better.
  • Creators of a new pilot state government wellness program hope it will demonstrate how investing in health improves lies and saves money. Health Happens in the Workplace is a partnership among several state agencies, unions, Kaiser Permanente, the California Endowment, and Dr. Oz's HealthCorps.
  • by Susan Schoenfeld, J.D., BLR Senior Legal Editor
    The report cards are in and over 60 percent of states in the U.S. received a "D" or "F" in their efforts to help new parents with family leave laws, paid leave, job protected leave, and other family-friendly workplace laws. According to the National Partnership for Women and Families ("National Partnership") in their May 2012 report, Expecting Better, much of the nation has failed to help new and expectant parents in their quest to balance work and family.
  • Anyone with even peripheral functions to payroll knows how important it is to properly classify your nonexempt vs. exempt workers to ensure you’re compensating fairly. But the terminology involved can be misleading: Labeling someone as a manager or executive, for example, does not automatically make them exempt employees. They must meet the criteria for these exemptions to apply. Are you in compliance for your exempt workers?
  • This week, the HR Daily Advisor discussed age discrimination, exemption misclassification, and recent blog post about the creative genius of Steve Jobs.
  • A Florida woman went to work in the information technology section of her local sheriff’s office. Three years later, she informed the office that she was pregnant—and soon found herself transferred to a lower-level, more clerical and administrative job. She protested, and was briefly given her old job again—but then was fired. She sued, charging pregnancy discrimination.
  • Four New Mexico security guards, all classified as executives exempt from coverage under the Fair Labor Standards Act (FLSA) sued, challenging their classification. They have a mix of managerial and nonmanagerial duties, and sorting out their proper classification isn't easy. No surprise--all wanted overtime pay.
  • If a firm loses its top leaders, who will take their place? It's a question without an answer within many organizations, according to new research from Robert Half Legal.
  • “When it comes to benefits, one size of benefits doesn’t fit all, nor does a single approach to how those benefits are communicated," says Jen Benz, founder of Benz Communications, who offers four suggestions for creating targeted benefits communications.
  • Under new requirements effective July 1, 2012, plan sponsors will be required to disclose fees and compensation paid in connection with 401k retirement plans. In the last installment of this 3-part video series, HR.BLR.com Editor Chris Ceplenski explains what information about your plan you must communicate to participants and when you must disclose it.
  • Are you correctly paying for overtime in California? What seems like easy math can get very complicated very quickly if you're not up-to-date on state regulations for calculating what you owe. California laws differ significantly from federal rules governing overtime pay, so getting it right can be a challenge for even the most experienced HR manager. For instance, while federal law requires only that you pay overtime for hours in excess of 40 in a given week, California employers are required to abide by both daily overtime and "seventh day" overtime rules.
  • When you calculate overtime pay for your employees, what you're actually doing is ensuring that your company is adhering to FLSA and overtime regulations. Overtime calculations, however, can be arduous because they're often not as simple as multiplying the employee's standard rate by 1.5. The basis for calculating overtime is the "regular rate" of pay under the Fair Labor Standards Act (FLSA)-- a regulation that’s complex enough to trip up even those employers with the best intentions.
  • In a recent case brought before the National Labor Relations Board (NLRB), an employee’s misconduct 5 months after his NLRA-prohibited termination cost him the right to reinstatement. Here we'll explain why.
  • By Martin Simon, J.D., BLR Senior Legal Editor

    The Department of Labor (DOL) has issued Field Assistance Bulletin No. 2012-02 to supplement the regulations on fee disclosures to 401(k) plan participants. The Bulletin is in the form of 38 questions and answers and also provides guidance on the related requirement on service providers to furnish specified information to plan administrators so that administrators may comply with their disclosure obligations to 401(k) plan participants.


  • By Kristine E. Kwong, Esq, Musick, Peeler & Garrett, LLP

    One of the fastest-growing challenges in handling disabilities in the workplace is the concern over how to respond to obesity. Weight related diseases account for nearly ten percent of medical spending, everything from heart disease treatments to diabetes medications. Ultimately, these medical conditions will manifest itself in the workplace in loss productivity, absenteeism and the inability to perform the job duties of the position. Nonetheless, if an obese employee qualifies under the ADA, the employer may be obligated to accommodate that employee so that they can perform the essential functions of the job.

  • Starting October 1, Maryland employers will be prohibited from requesting or requiring employees or job applicants to provide access to personal social media accounts, including Facebook accounts. Lawmakers in other states, as well as federal lawmakers have proposed similar bills. In fact, at the federal level, both the Senate and the House of Representatives proposed such legislation within weeks of the Maryland bill being enacted.
  • The U.S. District Court for the District of Columbia has found the NLRB’s election rule is invalid. U.S. District Judge James E. Boasberg concluded the Board adopted the rule without the required quorum. As a result, representation elections will have to continue under the old procedures.
  • Does your workplace have written maternity policies covering time off and expectations for any issues that may arise? Handling maternity and pregnancy in the workplace is full of potential pitfalls for the unprepared. Do you feel that your organization is prepared to reasonably accommodate expectant and new mothers? If you're not sure, the results can be costly. From breastfeeding to schedule adjustments, you must be up-to-date on the latest regulations that affect your accommodation practices so you can keep your organization in compliance.
  • Effective July 1, 2012, there will be new requirements for disclosing fees and compensation paid in connection with retirement plans, such as 401(k) and 403(b) plans. In part 2 of this 3-part video series, HR.BLR.com Editor Chris Ceplenski details the notifications that service providers must make to plan sponsors, what plan sponsors must do when they receive the information, and what plan sponsors should do if they have not received the proper disclosure from a service provider.
  • An African American New York police officer was accused of hiding a runaway teenager and then lying about it. He was first suspended with pay and then, following an investigation, fired by his city police department.
  • HR Quizzes:
    This session should help the participant understand employer safety responsibilities under the OSH Act, identify employee safety rights and responsibilities, and fulfill workplace safety duties. Use this OSHA Primer quiz to train your workers on OSHA.
  • This session should help the participant identify qualities of effective safety teams and the benefits they offer and guide, train, and encourage safety teams to improve safety conditions and performance. Use this quiz to train your workers on safety and health.
  • HR Training Talks:
    This session should help the participant identify qualities of effective safety teams and the benefits they offer and guide, train, and encourage safety teams to improve safety conditions and performance. Use this safety team training talk to train your workers on safety and health.
  • This session should help the participant understand employer safety responsibilities under the OSH Act, identify employee safety rights and responsibilities, and fulfill workplace safety duties. Use this OSHA Primer training talk to train your workers on OSHA.
  • HR White Papers:
    A new study shows that workplace inspections save lives, reduce workers’ compensation claims, and do not cost jobs, according to a press release from the Harvard Business School. The research, published in Science, sheds light on a hot-button political issue: the role and effectiveness of government regulation.
  • Lawyer-turned-author Susan Cain admits she's an introvert and has encountered some challenges because of it. But she firmly believes that introverts have important contributions to make to U.S. business—value-added that employers usually aren't aware of. That's because employers have been trained, says Cain, to seek out extroverts.
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 HR Strange But True
  • Fans of HRSBT know we run lots of stories about people working while collecting unemployment insurance (UI) benefits. But in a “fox watching the coup” scenario, the Washington Post reported that 92 currently employed workers were paid over $800,000 in jobless benefits over the past 3 years. What’s unusual about that? They were all employees of the District of Columbia!
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