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5 Big Workplace Changes You Need to Know Now (Even If It is Summer)

July 5, 2023 by

The dog days of summer are not happening in the workplace! Between the recent SCOTUS (Supreme Court of the US) rulings, an active NLRB and state and federal law changes, HR is not getting a summer break. Here is a quick recap and steps you should take:

  1. RELIGIOUS ACCOMMODATION: Last week, SCOTUS changed the threshold for employers to allow accommodations for religious reasons. The bar was raised to a new higher standard, explained here. Check you handbooks, policies and procedures to make sure you are up to speed.
  2. STATE PAID FAMILY MEDICAL LEAVE (PFML) LAWS: Some states are starting this leave law soon (CO, OR) and others are on the cusp (MN). Make sure you are aware of your obligations under these programs before the start date!
  3. NLRB CAME DOWN ON NON-COMPETES, NON-DISPARAGEMENT AND NON-DISCLOSURE: The National Labor Relations Board has made it clear that commonly used language in certain restrictive covenants violate Sec 7 of the NLRA. Review your language in these documents and any related policies or handbook provision. We have a fixed fee service too that helps you protect your workplace and stay in compliance.
  4. PREGNANT WORKERS FAIRNESS ACT (PWFA) BEGINS: As of June 27, 2023, this federal act is law, details here. Many states have a similar law but if you are in a state without prior protections, you need to post, train and update leave language now.
  5. WAGE MISCLASSIFICATION: Not new but definitely on the radar! The DOL and states continue their aggressive pursuit of workplaces that misclassify non- exempt to exempt; and independent contractor over the law’s preferred employee status. This area of the law–including whether compensatory time is allowed–can be tricky and expensive. Day after day, we see employer missteps in this area. Here is a recent Employer Law Corner which is a great primer and a fixed fee service that is a valuable resource.

And you thought it would be a slow summer? Well, if it is, take advantage of the time. Update your Handbook or begin a much-needed service now, like our Diagnostic Audit of Personnel Practices. You fill out some information on a day when lots of people are on vacation and we do the heavy lifting. You will be glad you did.

Questions? We can help.