Like previous years, 2023 was filled with significant developments in employment law. Here are some of the critical updates:
National Labor Relations Board (NLRB) Developments Recent NLRB rulings have impacted employee communication policies. Employers are now required to revise their handbooks and policies to avoid illegal restrictions on discussions about wages, work conditions, and other protected topics. It's essential to integrate clear disclaimers where necessary.
Changes in Marijuana Testing Regulations States such as New York, New Jersey, and Connecticut have introduced laws against penalizing employees or job applicants based on positive marijuana test results. This calls for an urgent review and modification of existing drug testing policies by employers.
Adjustments in Wage and Salary Thresholds There's an ongoing shift in minimum wage levels across federal, state, and local jurisdictions. Notably, the proposed federal overtime exemption threshold is set to rise from $35,568 to $55,068, broadening the range of employees eligible for overtime. Salary reviews may be necessary for positions near these new thresholds.
Extended Notice Periods Under WARN Acts New Jersey has extended its WARN Act notice period to 90 days (previously 60) for large-scale layoffs, along with mandating additional severance tied to tenure. Employers should account for these changes in their layoff or closure strategies.
Introduction of New Protected Leaves 2023 saw the introduction of new leave entitlements, such as a 5-day leave for reproductive loss in California. Employers must update their policies and procedures to accommodate these changes.
Enhanced Anti-Harassment Training Mandates States including Illinois, New York, and California have strengthened their sexual harassment prevention training requirements. Companies might need to allocate more resources for state-specific training.
Key Actions for Compliance:
- Revise handbooks and policies for NLRB compliance, including necessary disclaimers.
- Update drug testing, social media, and background screening policies.
- Perform salary analyses for roles near new wage thresholds.
- Familiarize with the extended WARN act requirements.
- Incorporate new leave types into your company policies.
- Plan for expanded anti-harassment training requirements in various states.
Staying abreast of these changes is crucial for maintaining legal compliance and fostering a positive workplace environment.
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