As you start making your 2011 HR/Employment Law checklist, here are some items to consider:

1) Independent contractors. Employers remain well advised to closely review their use of independent contractors and ensure that the individuals are truly contractors. This matter remains high on the DOL and IRS watch lists.

2) Reasonable accommodations for disabilities. Under the ADAAA, most conditions are likely to be disabilities. Therefore, employers should focus their efforts on the interactive process and determining what is a reasonable accommodation instead of making a determination of whether the individual is disabled under the Act.

3) Implementation of a social networking/blogging policy. For employers who have not yet considered this issue, these difficult issues can create headaches especially in the absence of a policy dictating appropriate behavior.

4) Wellness programs. With the ever increasing cost of health insurance, many employers are considering various forms of Wellness Programs. The new GINA regulations impact what employers can and cannot do with wellness programs.