Colorado Law Expands and Clarifies Pay Transparency Requirements – On June 5, 2023, Colorado enacted a new law, Senate Bill (SB) 105, that expands pay transparency and related requirements under the Colorado Wage Equality Law. The new law is effective Jan. 1, 2024. Employers must make reasonable efforts to announce, post or otherwise make all job opportunities known to current employees before making a promotion decision. SB 105 also requires employers to provide current employees with information about the candidate selected for each job opportunity. Read more: Colorado Legal Update
Employco in the News
HR Newsletter: Supreme Court’s Affirmative Action Ruling Could Impact Workplace DEIB Programs
The U.S. Supreme Court issued several consequential decisions as its most recent term ended, including addressing affirmative action programs in college admissions at Harvard University and the University of North Carolina. While these rulings will likely not directly affect employers, they may impact workplace diversity, equity, inclusion, and belonging (DEIB) initiatives, including how organizations promote and implement them.
- Individual Lawsuits – While the Supreme Court’s rulings did not directly address hiring or employment practices, employers may face increased scrutiny over their hiring practices and DEIB initiatives. This will likely take the form of individual reverse discrimination lawsuits, with applicants or employees claiming to be disadvantaged by an employer’s DEIB initiatives. For example, employers that rely on DEIB programs that impact employment decisions could be at a higher risk of potential litigation than those that simply offer employee resource groups (ERG).
HR Newsletter: Misclassification of Employees as Independent Contractors
When an employee is misclassified as an independent contractor instead of an employee, they are denied crucial benefits and standard labor protections under the Fair Labor Standards Act (FLSA). The FLSA, enforced by the U.S. Department of Labor (DOL) Wage and Hour Division (WHD), establishes standards for recordkeeping, overtime pay, minimum wage, and youth employment in the private sector and for federal, state, and local governments.
On Oct. 13, 2022, the DOL published a Notice of Proposed Rulemaking to rescind its 2021 independent contractor classification rule under the FLSA and replace it with new guidance for how employers should interpret employee or independent contractor status. The agency recently indicated that it will likely publish a final independent contractor rule in October 2023. The proposed revision is intended to reduce the likelihood that employees will be misclassified as independent contractors and improve clarity for employers. If the proposed rule comes into effect, it will likely impact most employers. Employers are not required to change how they classify employees until the DOL’s proposed rule is finalized.
HR Newsletter: New Form I-9 and Updates
New Form – On Aug. 1, 2023, the U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security, published an updated version of Form I-9. USCIS has indicated that employers may begin using the new form immediately and that use of the expired form (dated “10/19/2019”) will be allowed through Oct. 31, 2023. Beginning Nov. 1, 2023, employers will need to use the newest version of the form or face potential penalties. The new version of the form can be accessed by clicking the following link: New Form I-9.
Form I-9 Summary of Changes – The new version contains changes to the form and instructions, including shortening the Form I‑9 to one page and reducing the instructions to eight pages. Click the following link to view: USCIS’s Summary of Form I-9 Changes.
HR Newsletter: Recruiting Tips and Tricks- 3 New Infographics
As talent shortages persist across industries, an increasing number of employers are grappling with the need to adapt to the “new normal” to address this challenge effectively. Hiring managers are encountering a significant shift in which they find themselves dealing with an inadequate number of candidates or insufficient resources (e.g., budget and staffing) to meet the high demand for candidates. The 3 infographics below provide tips and tricks to help hiring managers improve their recruiting efforts.
Strategies to Improve Hiring Outcomes – Prioritizing the quality of new hires can improve employee retention and morale, decreasing turnover costs. Employers should analyze their recruitment and onboarding practices for more positive hiring outcomes. Click the following link to view the infographic: Strategies to Improve Hiring Outcomes
(Food Industry News) Unveiling the Power of Psychological Pricing Techniques in the Restaurant Industry
Rick Fazio, Vice President of Sales at Employco, recently had an article featured in the August issue of Food Industry News magazine titled “Unveiling the Power of Psychological Pricing Techniques in the Restaurant Industry.” In the article, Rick explores leveraging consumer psychology to attract customers, enhance their experience, and drive profitability in the restaurant industry.
Read the full piece here: Food Industry News
Let us know if you have any questions or want more information; we’re here to help!
(America’s Work Force Union Podcast) States See Increased Youth Accidents After Child Labor Rollbacks
Rob Wilson, President of Employco USA, was recently a guest on America’s Work Force Union Podcast discussing child labor law violations. Listen to the full episode above; Rob joins the show around the 43-minute mark.
(Exhibit City News) People on the Move
Rob was recently featured in the “People on the Move” section of the July/Aug/Sept issue of Exhibit City News.
Snippet from full article:
Rob Wilson, President of Employco USA was named to the National Small Business Association (NSBA) Leadership Council. The nation’s oldest small business advocacy organization, the NSBA Leadership Council provides networking between small-business advocates to address issues facing the small business community. This includes tax reform, government regulations, and health care costs.
HR Newsletter: State Legislative Updates
Connecticut Adds Mental Health as Reason to Take Paid Sick Leave – Connecticut has amended the state’s paid sick leave law to require employers to allow eligible employees to take time off for mental health. The amendments, which take effect Oct. 1, 2023, also extend family violence and sexual assault leave to parents of victims. Read more: Connecticut Legal Update
HR Newsletter: Supreme Court Hands Down Several Decisions
The U.S. Supreme Court issued several consequential decisions addressing religious accommodations, the Biden administration’s student debt relief plan, and affirmative action as its most recent term ends. These cases’ rulings will likely have major impacts on employers, altering established labor and employment laws and workplace practices. The below article provides additional information regarding these decisions.