Workplace drug testing programs are designed to help maintain a safe work environment by identifying and discouraging drug use. Since the 1980s, when companies began implementing drug tests, there has been a consistent decline in drug use among employees who are tested. Determining the appropriate utilization for drug tests is crucial for selecting the right drug testing solution for your organization. The most common reasons for conducting drug tests are pre-employment screenings, random, post-accident, and reasonable suspicion.

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California: Preparing for the New Workplace Violence Prevention Law – On Sept. 30, 2023, California enacted the California Workplace Violence Prevention Law (WVPL), enforced by the California Division of Occupational Safety and Health (Cal/OSHA). The WVPL takes effect on July 1, 2024, and requires most employers in the state to comply with expansive workplace violence prevention requirements.

Read more: California HR Compliance Bulletin

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Check out our PDF chart below for a list of states that have upcoming minimum wage increases beginning July 1st (click the image for the full report):

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On May 15, 2024, Quest Diagnostics released their review of the 9.8 million workforce drug tests from 2023. Here are the key findings:

• Workforce drug test cheating increased over 600%
• Marijuana continues upward climb in general U.S. workforce
• Marijuana drug test positivity decreases in federally mandated, safety-sensitive workforce
• Post-accident marijuana positivity continues to climb
• Positivity increased in industries associated with office work

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Employee terminations are often complicated and, if not conducted properly, employers can open themselves up to costly legal challenges and negatively affect their business or reputation. Establishing procedures for employee terminations can help employers ensure that employee terminations are conducted in a manner that minimizes legal risks and accounts for various business considerations.

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As we approach the new overtime rule’s July 1st effective date, employers should prepare for the upcoming changes as soon as possible. On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).

With this in mind, we recently released 2 new documents aimed at helping employers with the analysis and potential changes that could come as a result of the new rule.

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A new Harris Poll survey found that most employed Americans are satisfied with their company’s paid time off (PTO) policy; however, 3 in 4 said they didn’t use the maximum PTO permitted by their employer. PTO broadly covers any paid absence from work – it includes various reasons such as vacation, illness, and personal days.

According to the survey, most U.S. workers get between 11 and 30 PTO days yearly. Consider these additional key findings from the survey:

• Most Americans (83%) are satisfied with their company’s PTO policy. Over half (60%) are given more than 10 PTO days annually.
• Most (78%) do not use the maximum PTO allowed by their employer. The average worker took 15 paid days off last year despite half (49%) being allowed more than that by their employer.
• The top barriers preventing workers from taking more time off are “pressure to always be available and responsive to demands” (31%) and “heavy workload” (30%).

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Around 27% of U.S. workers quit their jobs in 2023, which, according to a common turnover calculation, cost employers nearly a trillion dollars to replace. Unfortunately, turnover is expected to climb this year, and labor experts predict another form of the “Great Resignation” to take place as workers choose to leave their jobs. Employee retention remains a critical challenge this year for employers across industries. A LinkedIn survey found that 85% of workers plan to look for a new role in 2024, which is almost a 20% jump from the previous year. The trend particularly applies to younger generations, including Generation Z, millennials, and Generation X.

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Chicago Issues Final Rules for Paid Leave and Paid Sick and Safe Leave – The Chicago Department of Business Affairs and Consumer Protection (BCAP) has published final rules for the city’s new Paid Leave and Paid Sick and Safe Leave Ordinance, which replaces Chicago’s current paid sick leave ordinance on July 1, 2024. This Legal Update provides information about key topics addressed in the final rules.

Read more: Illinois Legal Update

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We’ve compiled a report that contains case studies published in 2024 that explore the most recent, real-world examples of employers found to be in violation of wage and hour laws. These case studies include snapshots of violations and general guidance on how employers can prevent similar issues. Employers can examine these case studies to learn from the mistakes of others in comparable industries and avoid DOL violations. 

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