The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) administers and enforces the Family and Medical Leave Act (FMLA) for all private and state and local government employees, as well as some federal employees. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The FMLA applies to private employers who employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year, all public agencies—including federal, state and local employers—and local education agencies.

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On Oct. 25, 2022, the Equal Employment Opportunity Commission (EEOC) issued a fact sheet containing FAQs about its new poster titled “Know Your Rights: Workplace Discrimination is Illegal.” The EEOC initially released a version of the new poster on Oct. 19, 2022, and then reissued a revised version on Oct. 20, 2022.

Among other things, the FAQs about the new “Know Your Rights” poster clarify that if an employer downloaded or printed it on Oct. 19, the employer should ensure that it uses the newer version, which is instead marked as “Revised 10/20/2022.”

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Identifying and retaining key employees is especially important in light of ongoing attraction and retention difficulties many employers have been facing. According to Zywave’s 2022 Attraction and Retention Survey, more than 75% of employers consider attraction and retention to be among their top five business challenges.

In response to changing work demands brought on by the COVID-19 pandemic and trends such as the “Great Reshuffle”—a mass movement of workers from their current roles to positions that meet their shifting job expectations and priorities—retaining employees has become increasingly difficult for employers.

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

• Alaska Updates State Minimum Wage Exemptions

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) is tasked with enforcing employment laws that affect more than 148 million workers. The WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act (FLSA), as well as the Family and Medical Leave Act (FMLA) and a number of other employment standards and worker protections.

In fiscal year 2021, the WHD collected $230 million in wages owed to 190,000 workers.

At the start of 2022, the DOL announced an initiative to hire 100 additional WHD investigators, signaling a potential increase in enforcement in 2022 and beyond. This initiative means now is the time for employers to review their wage and hour practices to ensure compliance with all relevant laws.

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Receiving performance feedback is a fundamental part of any job. Without some sort of reflection, how would your employees know what they’re doing well or what needs improvement? They likely wouldn’t—at least not in any formal capacity.

Surveys show performance reviews are one of the most disliked features of any workplace. Not only do employees not want to endure them, but neither do their managers.

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In today’s competitive and fast-moving employment landscape, employers may struggle with attraction and retention. In fact, according to Zywave’s 2022 Attraction and Retention Benchmarking Overview, 75% of employers consider this a top-five business challenge.

Time-to-hire is a metric that calculates how quickly a company can select and hire a job candidate. It’s calculated by totaling the number of days that pass between the candidate applying for the role and getting hired as an employee.

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“Quiet quitting” is an emerging trend where workers only do what their job description entails without going above and beyond. Over the course of the COVID-19 pandemic, many employees shifted their views on their work lives, and this has been reflected in movements such as the Great Reshuffle—a mass movement of workers to jobs that meet their demands for things such as more flexibility and better benefits—the shift to remote work and, now, the quiet quitting trend.

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World Mental Health Day was observed on October 10, 2022. According to the World Health Organization (WHO), the overall objective of World Mental Health Day is to raise awareness of mental health issues around the world and to mobilize efforts in support of mental health.

The COVID-19 pandemic has created a global crisis for mental health, fueling short- and long-term stresses and undermining the mental health of millions. Estimates put the rise in both anxiety and depressive disorders at more than 25% during the first year of the pandemic. At the same time, mental health services have been severely disrupted and the treatment gap for mental health conditions has widened.

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On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) published instructions for employers to continue using the Employment Eligibility Verification form (Form I-9) when hiring new employees until a new version of the form is published.

Form I-9 – Federal law requires employers to verify the identity and employment authorization of each individual they hire by completing and retaining Forms I-9. Employers must have a completed Form I-9 for every employee hired after Nov. 6, 1986. DHS reviews and updates Form I-9 periodically. The most recent version of this form is set to expire on Oct. 31, 2022. Historically, DHS has allowed employers to continue using the most recent version of the form beyond its expiration date when a new form is not available by the time the most current version expires.

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