Because of the nature of our profession, human resource professionals find employment law issues in seemingly benign things, even Christmas songs.

For example, when others hear, “All of the other reindeer, used to laugh and call him names; they never let poor Rudolph, join in any reindeer games,” most people think of the cute red-nosed reindeer happily leading Santa’s sleigh. HR professionals think of poor Rudolph being discriminated against, possibly because of a genetic condition. Santa should have shut that behavior down and employers should know that, as of January 1, 2012, discrimination based on genetic information is unlawful for employers with five or more employees. Genetic information includes information about: (1) an individual’s genetic tests; (2) genetic tests of family members of the individual; or (3) the manifestation of disease or disorder in family members of individuals.

“He’s making a list, and checking it twice. Gonna find out who’s naughty and nice,” makes most people simply think of Santa Claus coming to town. HR professionals wonder what kind of background check Santa conducted to determine who is naughty and nice, and whether he provided proper notification. Employers should know that on January 1, 2012, new restrictions on credit checks will take effect as will new notification requirements for background checks other than credit reports.

When others hear, “Round yon virgin, mother and child; Holy infant so tender and mild,” they think of the silent and holy night when all was calm and bright. HR professionals think about Mary’s pregnancy and the fact that, as of January 1, 2012, employers with five or more employees will be required to continue to provide up to four months of health care coverage to employees on pregnancy disability leave under the same conditions as if the employee were working.

Shepherds watching their flocks by night lead HR professionals to wonder whether those shepherds were properly classified because the New Year brings with it new hefty fines for anyone (not just employers) who willfully misclassifies an employee as an independent contractor. Additionally, shepherds (or any other non-exempt employee) hired after the New Year must be provided with a written notice containing certain wage information at the time of hire.

So, employers enjoy decking your halls and having yourself a merry little Christmas, knowing that HR professionals hear what you don’t hear, which will help keep you in compliance with employment laws in the New Year.