It’s the time of the season when many make well-intended resolutions for the New Year. Promises usually include ending bad habits and starting good ones. With resolutions in mind, what could human resource professionals focus on in 2014?  In light of the current legislative and regulatory forecast, here are some possibilities (listed in no particular order) for consideration:

1. Update old policies: Perhaps this resolution should be on the list every year, but particularly so for 2014. Government agencies such as the National Labor Relations Board (NLRB) have recently made it very clear that old, standard personnel policies are subject to new scrutiny.  This trend began a few years ago with policies covering social media in the workplace.  The NLRB’s rationale is that overly broad policies can chill employees’ statutory right to engage or not engage in protected concerted activity. Virtually no activity is immune from this heightened scrutiny. As a result, consider reviewing and updating such standard policies as employment-at-will acknowledgments, disclaimers, media relations, confidentiality, non-disparagement, compensation, dress codes and arbitration.
2. Review how you say "goodbye" to employees: Hiring and firing responsibilities normally reside in the human resources department.  HR professionals already know the importance of fairness and honesty when making and communicating those decisions.  Some employers offer severance pay to departing employees in exchange for a release of claims.  Government agencies, including the Equal Employment Opportunity Commission and NLRB, have begun challenging these types of releases as being overly broad or even retaliatory.  So on your list for 2014,  take a careful look at those standard severance agreements.
3. Prepare for expansion of the Family and Medical Leave Act (FMLA): The FMLA offers job-protected leave to certain employees because of the birth or adoption of a child, the employee’s own serious health condition, the need to care for a family member with a serious health condition, and certain veteran-related situations.  In 2014,  the act’s definition of “spouse” will specifically expand to cover same-sex spouses. Moreover, legislation could convert otherwise unpaid FMLA leave into paid leave. Given all of that, HR professionals should revisit their FMLA policies and procedures in 2014 and make sure everything is up to date.
4. Anticipate that “minimum” may grow: Although no one can predict the ultimate outcome, the AFL-CIO really wants to increase the current federal minimum wage of $7.25.  Proposed legislation would raise it to $10.10  per hour.  Any increase would cause ripple effects throughout many employers’ wage and benefit systems. Those types of changes could bust an HR budget, so watch these developments carefully in 2014.
5. Bring your own device to work: Technology continues quickly evolving, requiring HR to catch up. One example involves employees using their own electronic devices for their work. More businesses are adopting Bring Your Own Devices (BYOD) or Bring Your Own Technology (BYOT) policies.  An employer must balance technological convenience against confidentiality, issues related to the Fair Labor Standards Act, and similar concerns. In 2014, review how workplace technology is being used or abused.
6. Chart new paths for an uphill battle:  For non-union employers in 2014,  the opportunity to remain union-free will not get easier.  Instead, expect government regulations this year to make it more difficult.   For example, the U.S. Department of Labor intends to revise the “persuader activity” reporting requirements in 2014.   The revisions would make it more difficult  for union-free employers to obtain confidential attorney-client advice about the employer’s rights and options when faced with union organizing.  Also, the NLRB will  continue trying to compress the union-election process into what some have called “ambush elections.”  If these types of regulatory revisions are implemented, HR professionals must carefully reconsider their union-free options.
7. Invest in a crystal ball: When it comes to the Affordable Care Act, the rules, regulations and deadlines will likely continue changing.  Consult with your benefits lawyer in anticipation of how those changes will impact your health benefit plans.  Or, alternatively, invest in a new crystal ball.

Every year brings changes, and  2014 will be no different.  While New Year’s resolutions quickly fall to the wayside, the savvy HR professional should anticipate possible relevant changes and be prepared for them.