The U.S. inflation rate has increased by 9.1% year over year, according to the Bureau of Labor Statistics (BLS). The BLS also reported that this is the highest the inflation rate has been since 1981. This has led to significant price increases across many consumer goods, and employers are responding in various ways. As employees face increased financial difficulty during this time, it has become crucial for employers to respond. While every employer may take a different approach to addressing inflation and its impact on their employees, the following are some common strategies that have emerged.

• Reevaluating Employee Benefits – In response to inflation, many employers are altering their benefits offerings to help mitigate the effects employees are facing. For example, employers are offering options such as student loan repayment to help employees with budgeting and expenses at a time when prices are high and employees are looking for ways to cut costs.

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Heading into the latter half of 2022, there are several trends impacting Human Resources (HR) and Benefits. Over the course of the COVID-19 pandemic, employers have faced challenges ranging from the health impacts of COVID-19 on workers to ongoing attraction and retention challenges. Challenges that are both similar and new will likely be present in quarters three and four of 2022. The workplace continues to transform, and while the pandemic has had a significant impact on these changes, various social movements and technological advancements have also played a role.

Today’s labor market is forcing employers to do everything possible to attract and retain workers. Rising inflation and labor shortages are pressuring employers to respond to employee demands.

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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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