2013 Updates in Employment and Labor Law

Posted by Amy Fitzgerald on Apr 23, 2013 10:56:07 AM

Labor Law and Employment Law in 2013 Understanding relevant law is one the keys to successfully operating a business. However, staying up to date on current issues in employment law and labor law can be a challenge in the today’s rapidly changing working environment. And with the start of 2013, there are even more issues to take into consideration.  Levenfeld Pearlstein, LLC recently shared a 2013 Labor and Employment Law Checklist, detailing employment law trends and how to prepare.

  • Comply with new “Facebook Laws.”  Illinois and Michigan now have laws that limit employers’ access to their employees’ social media accounts, prohibit “shoulder surfing,” and penalize employers that require employees to provide log in information.  Make sure that human resources personnel and managers are aware of and follow these rules.
  • Make sure policies comply with federal labor laws.  The National Labor Relations Board (“NLRB”) has increased its focus on non-union employer policies that could be read to “chill” employees’ right to engage in concerted activity.  At-will policies, social media policies, policies that prohibit negative comments about the company, coworkers or supervisors, and policies requiring employees to keep investigations confidential can all raise issues under labor laws if they aren’t drafted carefully.  Review policies with an eye toward whether they could be seen to discourage employees from working together to change employment conditions.
  • Don’t discriminate against unemployed job applicants.  Several states have passed laws prohibiting discrimination based on the fact that an employee is or has been unemployed, and there are similar laws pending in many other states and in Congress.  Consider whether such a law applies in your state before considering unemployment status as part of employment decisions.
  • Audit compensation practices.  We expect continued focus on minimum wage, overtime, and wage payment laws in 2013.  The same goes for pay discrimination claims – which the EEOC has targeted for the coming year.  Also for 2013, 10 states (AZ, CO, FL, MO, MT, OH, OR, RI, VT & WA) increased their minimum wage.
  • Revisit Social Media Policies.  Social media law is changing so quickly that a policy drafted a year ago may already be obsolete or unenforceable.  Review your social media policy in light of the guidance issued by the NLRB. Also make sure that you’re taking advantage of your social media policy to protect your right to company social media accounts if an employee responsible for a company account were to leave.
  • Consider mandatory arbitration.  Several courts across the country have recently upheld arbitration agreements that prohibit class claims.  Whether mandatory arbitration agreements are the right option for your company depends on a number of factors, including your industry and employee population, but any employer concerned about class action litigation at least should consider mandatory individual arbitration.
  • Be deliberate in requesting and acting on background checks.  State and federal legislators and agencies keep tightening the restrictions on when employers may conduct certain types of background checks and how they may use the information they learn.  Tailor background check requests to the particular position and consider criminal history on a case-by-case basis, taking into account the offense, how recent it is, and its relevance to the position.
  • Carefully consider accommodation requests.   The scope of accommodations required by the Americans with Disabilities Act continues to expand.  More and more employees are seeking extended leave as an accommodation after exhausting FMLA leave.  Likewise, a recent case suggests that employees who request a vacant position as an accommodation may have to be given a preference for the position – even if there are more qualified candidates.  Consider all accommodation requests on a case-by-case basis in light of these evolving standards and make sure that you engage fully in the interactive process.
  • Watch for new FMLA forms and regulations. New forms issued by the Department of Labor are tailored to specific types of leave requests and help simplify the FMLA’s complicated notice requirements.  You can access the new forms at http://www.dol.gov/compliance/laws/comp-fmla.htm under the heading “Recordkeeping.”  Also be sure to keep an eye out for final FMLA regulations on leave for qualifying exigencies and service member caregiver leave.
  • Keep your non-compete and non-solicit agreements updated.  The law relating to non-compete and non-solicit agreements is constantly evolving.  For example, New Hampshire passed a new law requiring that employees be given specific notice of non-compete provisions at the time they are offered employment.  Also, several courts handed down decisions in 2012 on the issue of whether forum selection clauses in such agreements are enforceable (they often are, even in California).  It is a good idea to review your agreements for each state where you do business at least every two years.
  • Get ready for 2014 Heath Care Reform mandates.  Both the employer “pay or play” and the individual coverage mandates take effect in 2014.  New policy rules (e.g. no preexisting conditions) and state insurance exchanges will also debut in 2014.  To avoid penalties, employers who employ the equivalent of at least 50 full time employees must offer coverage that is affordable and adequate.  Determining the number of equivalent full time employees (≥30 hours/week or 130 hours/month) is complicated under IRS regulations.  So, whether large or small, employers must plan this year for the impact of health care reform in 2014.

You can read the full article here.

 

Need help understanding all the updates surrounding employment and labor law? A workshop called, Updates in Employment and Labor Law, hosted by the Illinois Small Business Development Center at Southern Illinois University Carbondale, will discuss these updates. Discussion topics include: pay issues, employment policies and handbooks, labor law updates, social media updates, current trends in employment law, sexual harassment and hiring, discipline and termination. The workshop will take place May 3, 2013 at the Dunn-Richmond Development Center. For more information, visit http://www.siusbdc.com/

 

Amy Fitzgerald

Written by Amy Fitzgerald

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