We’ve explored the recent decisions and rulings with Legislation and the Supreme Court, but what developments should we anticipate in the foreseeable future? Numerous Legislative Updates are being advocated for passage, and understanding their potential implications for both employees and employers is crucial.

Laws and Litigation Trends 

Additional worker protections are being implemented at both state and government levels. Notably, there has been a shift in regulations concerning facial hair among soldiers and military personnel. Previously, strict guidelines required everyone to be clean-shaven, and mustaches had to meet specific size criteria. Relaxing these rules now allows individuals from diverse cultural and religious backgrounds to enlist in the armed forces. A few other topics are:

• Hairstyles have to do with ethnicity.
• Disabilities and accommodation requests
• Gender Identity
• Pregnancy (PWFA and Pump Act)

Remote work is a topic under scrutiny. While certain employers have managed to monitor their employees’ working hours, what about those who are hourly and persist in working late to complete tasks? Should the time spent on these tasks be compensated, or is there a need to consider more regulated oversight on overtime? Some employees might be overburdening themselves, leading to burnout, while others might be benefiting from their time logged.

Leaves and PTO 

Several types of leaves become more prevalent, and it’s crucial for employers considering disciplinary actions or layoffs, even for employees on leave, to consult an HR professional or legal counsel. States are adopting their versions of paid Family Medical Leave along with Domestic Violence Leave, implemented in 25 states, is gaining nationwide traction. Additionally, Mental Health Days, widely discussed among students, are increasingly relevant in the workforce. Currently, employees often must utilize their vacation or other benefits for stress relief. Ensuring compliance with employee protections is essential in these situations. 

This fall, the Department of Labor plans on releasing statements on a few issues, such as:  

• Overtime 
• Fiduciary Rule 
• Independent contractors 

State Level Legislative Updates 

As state legislative sessions end, there will be a few new employment updates being announced. These upcoming changes could affect HR departments and employers. 

Handbooks 

Given the ongoing challenges the NLRB (National Labor Relations Board) faces, employee handbooks have emerged as a significant concern. Some employers create their own workplace rules and regulations that may not align with the NLRB’s perspective. If your company has a employee handbook, it is crucial to be vigilant and ensure that it complies with NLRB, state, and federal regulations. 

Unionization 

In 1985, over 20 percent of the US workforce were union members. However, by 2022, this figure had dropped to just 10 percent. Despite a slight increase to 1.9 percent in unitization from 2021-2022, it remains at a historically low level. The pace of workers joining unions has slowed in anticipation of upcoming campaigns and elections. We are eagerly awaiting the release of the current data by the NLRB to gain a clearer understanding of the trend. 

Supreme Court  

In light of the recent affirmative action ruling, it’s crucial to closely monitor your recruitment, hiring practices, and Diversity, Equity, and Inclusion (DEI) programs. As mentioned in the Supreme Court update, affirmative action in higher education is no longer in effect and might extend into the workplace. 

Anticipating upcoming changes in laws and regulations, the MP HR team will be closely tracking developments to keep our clients informed. If you have any concerns about your current policies potentially conflicting with these changes, it’s advisable to console your HR professional. Our goal is to safeguard the rights of employees while ensuring employers remain compliant. 

Paul Carelis, SHRM-CP, PHR – VP of HR Services, MP

Paul has over a decade of experience in the HR consulting space, working with businesses of all sizes and industries, leading a team of SHRM-certified HR professionals at MP. Together, they assist clients with compliance, training, and HR guidance, and support for the full employee life cycle. 

MP Compliance Resources – HR Updates

MP’s certified HR experts streamline HR and ensure you are always in compliance. Our HR specialists carefully monitor federal and state legislative and regulatory measures affecting employment-related human resources, payroll, tax, benefits administration, and help ensure that MP clients are updated as relevant laws evolve. For the latest on how federal and state tax law changes may impact your business, talk with an HR expert today!