2012 Compliance Guide
We’ve developed an easy guide summarizing what your organization needs to know to stay compliant in 2012. The guide includes a summary of several regulations that take effect as well as important legal issues on the horizon.
Regulations that Take Effect
Below are several major regulations and initiatives will took effect during the first few months of 2012.
Legal/HR Issue |
Description of Regulation |
Effective Date |
2012 Income Tax Withholding Tables |
Provides income tax withholding tables for 2012 here. |
Immediately |
Unemployment Benefits |
Extends unemployment benefits temporarily through February 29, 2012. |
Immediately |
Tax Cuts |
Extends current tax cuts temporarily through February 29, 2012. |
Payroll system changes must be made by January 31, 2012 |
Social Security Withholding |
Continues reduction in withholding rate to 4.2% (from 6.2%) temporarily through February 29, 2012. If an employer over-withholds in January, they need to make offsetting adjustments to employees’ pay by March 31, 2012. |
January 1, 2012
|
Social Security Wage Base |
Increases the Social Security Old Age Survivor's and Disability Insurance (OASDI) taxable wage base for 2012 from $106,800 to $110,100. |
January 1, 2012 |
Minimum Wage
|
Raises minimum wage in Ohio to $7.70 per hour for non-tipped employees and $3.85 per hour for tipped employees. |
January 1, 2012 |
Mileage Rates |
Continues standard mileage rate of 55.5 cents per mile for business miles driven and 14 cents per mile driven in service of charitable organizations. Raises standard mileage rate to 23 cents per mile for medical or moving purposes. |
January 1, 2012 |
Retirement Plan Limits |
Raises the 2012 limit on the exclusion for elective deferrals in 401(k), 403(b), and 457(e) plans to $17,000, up from $16,500. For changes to other pension plan limits, click here. |
January 1, 2012 |
W-2 Benefits Reporting
|
Requires employers who have an employer-sponsored group health plan to report the cost of coverage under their plan. This requirement goes into effect for some employers this year. |
January 1, 2012 |
Health Benefits Summaries |
Requires group health plan sponsors to create and distribute a Uniform Summary of Benefits and Coverage and Uniform Glossary. |
Extended from March 23, 2012; pending notice of new effective date |
NLRB Posting Notice |
Extends deadline for posting notice regarding employees rights under the National Labor Relations Act. |
April 30, 2012 |
Legal Issues on the Horizon
The following table summarizes several major legal issues that could lead to greater scrutiny and more regulations for employers in 2012.
Legal/HR Issue |
Description of Issue |
Tax cuts and job creation |
Congress will determine whether to extend tax cuts through the rest of 2012 by late February. These cuts, along with the Jobs Bill which has been proposed, will aim to expand job creation and support businesses. |
Constitutionality of health care reform |
In 2012, the Supreme Court will be ruling on whether the health care reform law is constitutional due to conflicting rulings from lower courts, which could affect a number of provisions that take effect in 2013 and 2014. |
Protection of unemployed individuals |
Bills have been proposed at both state and federal levels to protect unemployed individuals from discrimination in the hiring process, and may gain ground in 2012. |
Protection from retaliation |
There has been notable interest in ensuring that employees are protected from employer retaliation when they file a complaint or cooperate with an investigation under federal law. |
Improving hiring of disabled workers |
The government will continue proactive efforts and attempts to improve the hiring of disabled workers and reduce discrimination against the disabled. |
Clarification on FLSA and classification |
The government will seek revisions to the FLSA for certain jobs, most notably workers who provide in-home services to the elderly and infirm. It will also continue to regulate misclassification of employees. |
Retirement plan reform |
The government is interested in ensuring that employees are saving adequately for their retirement and are exploring a number of options including additional disclosures, making investment advice more available, implementing automatic contributions, and restructuring tax deductions. |
Regulating use of cell phone while driving |
This past fall, OSHA and the Department of Transportation began an initiative to combat the leading cause of worker fatalities – motor vehicle crashes – and reduce distracted driving. Condoning/incenting texting while driving is in violation of OSHA, and use of a cell phone while driving may soon be as well. |
User-friendly applications |
The Department of Labor is leading a number of efforts to create user-friendly applications, interfaces, and tools for employers, job seekers, and other users to more easily use the information it provides. |
E-Verify |
In 2012, more states will likely require the use of E-Verify to determine employment eligibility. |
If your organization needs more assistance, guidance, or detail with regard to these or other compliance-related issues, here are several additional resources and services, provided by ERC, which you can consult:
- HR University: A series of workshops for HR professionals which includes a session on Employment Law Fundamentals and compliance best practices.
- Supervisory Series: A series of workshops for supervisors which includes a session on Employment Law that provides supervisors with tools to help them maintain compliance.
- HR Help Desk: Contact hrhelp@yourerc.com to ask any HR or compliance-related question and receive answers, guidance, and research. Service offered to ERC members only.