Effective for plan years beginning on or after Jan. 1, 2023, group health plans and health insurance issuers must make an internet-based price comparison tool available to participants, beneficiaries and enrollees. This requirement comes from final rules regarding transparency in coverage (TiC Final Rules) that were issued by the Departments of Labor, Health and Human Services and the Treasury (Departments) in November 2020.

According to the Departments, this tool will provide consumers with real-time estimates of their cost-sharing liability from different providers for covered items and services, including prescription drugs, so they can shop and compare prices before receiving care.

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The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each recently issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).

EEOC Guidance – The EEOC’s new guidance focuses on the following three ways an employer’s use of software tools for employment decisions may violate the ADA:

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In its recent spring regulatory agenda, the U.S. Department of Labor (DOL) announced its plans to issue a proposed overtime rule in October 2022. According to the agency’s regulatory agenda, this proposed rule is expected to address how to implement the exemption of executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.

The DOL provided a similar notice last fall but has yet to specify what changes it may be considering. In recent years, some experts note that the agency has contemplated modifying the duties test and salary thresholds for exempt employees.

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In light of the recent tragic shooting at a Fourth of July parade in Highland Park, Illinois, employers can take this opportunity to prepare their business for an active shooter. These incidents have become increasingly common in the United States. According to the FBI, the number of active shooter incidents jumped by 96.8% between 2017 (31 incidents) and 2021 (61 incidents). These incidents have also grown in severity, with 3 out of the 5 deadliest mass shootings in U.S. history occurring in the past decade.

Active shooter incidents can carry various consequences. These incidents often result in fatalities, serious injuries and prolonged trauma among those involved. Additionally, such incidents can leave lasting impacts on the locations where they occur, such as workplaces. Organizations that encounter active shooter incidents could face substantial recovery expenses, regulatory penalties and liability concerns, along with lasting effects on the employees and the work environment.

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We recently released our 3rd quarter Attraction and Retention Newsletter. This edition of the newsletter includes the following information:

• Employee Quits Remain High While Job Growth Continues
• Attracting and Retaining Employees During the Great Reshuffle
• Developing an Employee Retention Strategy
• Workplace Outlook Including Recent BLS Data

Click on the following link to read the Attraction & Retention Quarterly Newsletter where we elaborate on each of the topics above.

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Several state and local governments have set the minimum wage to increase effective July 1, 2022 (click the image for the full report):

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Check out the following links and PDFs to help you navigate current state and local legislative updates.

• DOL Issues Guidance on FMLA and Mental Health Conditions – The Wage and Hour Division of the U.S. Department of Labor (DOL) has released new resources on workers’ rights to leave for mental health conditions under the federal Family and Medical Leave Act (FMLA). In a press release, the DOL said it published the new guidance in recognition of Mental Health Awareness Month.

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While employees continue to quit their jobs at high levels, it no longer appears that massive numbers of workers are leaving the workforce entirely. Economists have begun referring to the situation as the “Great Reshuffle” as total employment in the United States continues to trend up. Employees have been finding better jobs, with key decision factors generally revolving around compensation, benefits, career advancement and workplace flexibility.

Here are some common strategies employers can explore when it comes to attracting and retaining workers in today’s labor market.

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The U.S. Bureau of Labor Statistics (BLS) recently released its April Job Openings and Labor Turnover Summary. This month’s reported number of employee quits fell from a record high of 4.5 million in March to around 4.4 million in April. April marks the eleventh consecutive month that more than four million workers left their jobs.

Despite the slight decrease in total employee quits, the April report reveals that the employee-quit rate held at 2.9%. Industries like real estate and rental leasing saw a slight increase in employee quits while state and local government education decreased somewhat.

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Are employers already using wearable technology to help employees track their work schedules, communicate with co-workers, and find products located in a store or warehouse? Yes. While other employers are also exploring technology that monitors how employees physically move when accomplishing daily tasks as a way to identify and prevent ergonomic issues.

Wearable technology isn’t a new feature. For years, personal gadgets such as smartwatches have been gaining popularity among people who want better insight into their health trends. According to Pew Research Center data, nearly 1 in 5 Americans (21%) say they regularly wear a smartwatch or fitness tracker. In fact, wearable technology has grown so commonplace that employers have been exploring ways to leverage it among their workforce.

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