Ending an employment relationship can be difficult. Involuntarily terminating an employee is not only uncomfortable and emotional, but also logistically complicated and full of legal risks. When that employee works remotely, it can make the termination even more complex. Organizations must complete a great deal of work in a short time frame to offboard a terminated employee. For example, there are many administrative tasks your organization needs to finish before the end of the employee’s last day, such as compiling appropriate supporting documentation, finalizing payroll and tax paperwork, retrieving company property, terminating access to systems and files, and drafting separation agreements.

Continue reading →

The start of the year provides employers with an excellent opportunity to review and update their policies. This article explores three employment policies employers should consider reviewing in 2024.

1. CROWN Act – As of September 2023, 23 states passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act. As many states and localities adopt hair discrimination laws, employers must ensure their workplace dress code policies are current and comply with state and local laws.

2. Pregnant Workers Fairness Act – The Pregnant Workers Fairness Act (PWFA), signed into law on Dec. 29, 2022, became effective on June 27, 2023. Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.” The U.S. Equal Employment Opportunity Commission (EEOC) has started accepting charges under the PWFA for situations occurring on June 27, 2023, or later. Savvy employers will look at the EEOC’s final PWFA regulations and consider including a policy in their 2024 employee handbook that explicitly addresses PWFA accommodations.

Continue reading →

Employee turnover can be a significant challenge for employers, as it can lead to increased costs, loss of productivity, and a negative impact on company culture. Stay interviews offer a proactive approach to understanding and addressing the needs of employees, ultimately enhancing retention rates. Unlike exit interviews, which are conducted when an employee is leaving, stay interviews are conducted while the employee is still employed at the organization with the goal of identifying factors that contribute to their job satisfaction and commitment.

Continue reading →

California FAQs on Workforce Pay Data Reporting Requirements – On Feb. 1, 2024, the California Civil Rights Department (CRD) issued updated answers to frequently asked questions (FAQs) about the state’s requirement for large employers to report information about their workforce from 2023.

Read more: California HR Compliance Overview

Continue reading →

The year 2023 brought about significant shifts in the employment law landscape, impacting how organizations navigate the complex web of regulations governing workplaces. The U.S. Supreme Court issued several consequential decisions in 2023, and these and other rulings may have major impacts on employers, altering established labor and employment laws and workplace practices.

As 2024 begins, it’s crucial for employers to be well-versed in employment law changes to ensure compliance and mitigate legal risks. This article recaps important employment law changes that occurred in 2023, equipping employers with the knowledge needed to navigate the evolving landscape.

Continue reading →

Effective communication is crucial to fostering a positive relationship between employers and employees. It can show employees they’re valued and heard, improving employee satisfaction and retention. Conversely, poor communication can lead to workplace inefficiencies, foster employee discontent, and create engagement and retention issues. These concerns can significantly impact workplace productivity and organizational revenue; according to a 2022 study by Grammarly and the Harris Poll, organizations lose about $1.2 trillion yearly due to ineffective communication. To combat the struggles of poor communication, this article provides an overview of common employee communication mistakes and discusses how to avoid them.

Continue reading →

In late 2023, employers across the country completed the 2023 Attraction and Retention Employer Pulse Survey. Respondents were surveyed regarding attraction and retention challenges, workplace strategies and voluntary benefits.

The survey provided significant insights into how attraction and retention issues present a persistent operational challenge for organizations and detailed the strategies employers are pursuing to compete in today’s labor market. This benchmarking overview compiles employer responses to these questions and provides some general takeaways for employers as they prepare for the talent market in 2024.

Continue reading →

On Jan. 9, 2024, the U.S. Department of Labor (DOL) released a final rule, effective March 11, 2024, revising the agency’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the current independent contractor rule that was published on Jan. 7, 2021, and mirrors the DOL’s proposed rule.

2021 Independent Contractor Rule – The DOL published the 2021 Independent Contractor Rule on Jan. 7, 2021. The 2021 rule reasserted the economic realities test (ERT) as the DOL’s preferred method to determine whether a worker should be classified as an employee or independent contractor under the FLSA. In doing so, the 2021 rule focused on two core factors: the nature and degree of the worker’s control over the work; and the worker’s opportunity for profit and loss based on initiative and/or investment. These factors carried more weight in determining the status of independent contractors.

Continue reading →

California Updates Paid Sick Leave FAQs and Employee Notices – In advance of changes to the state paid sick leave requirement taking effect Jan. 1, 2024, the California Division of Labor Standards Enforcement (DLSE) has updated its answers to frequently asked questions (FAQs) about paid sick leave, as well as the paid sick leave poster and employee notice.

Read more: California Legal Update

Continue reading →

On Dec. 20, 2023, the IRS issued Notice 2024-2, providing guidance in the form of questions and answers with respect to various provisions of the legislation known as the “SECURE 2.0” Act.

• Background – The Consolidated Appropriations Act of 2023 was signed on Dec. 29, 2022, which is an omnibus bill that includes the SECURE 2.0 legislation, referred to as such because it builds on the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019. The legislation is intended to increase employees’ retirement savings and makes numerous important changes that employers should be aware of. A section-by-section summary of the legislation can be found here.

Continue reading →