by Jim Taylor | Oct 30, 2023 | Compliance, Diversity & Inclusion, Human Resources
In 2023, the number of lawsuits filed by the Equal Employment Opportunity Commission (EEOC) saw a significant 52% increase. This has left businesses wondering about what might happen in 2024.
As a protector of workers’ rights, the EEOC makes sure that federal laws against workplace discrimination are followed. Their main job is to guarantee that everyone is treated fairly. They aim to shield them from discrimination based on any of the following:
- Age
- Race
- Color
- Gender
- Religion,
- Place of origin
- Others
The EEOC is very dedicated to being fair and ensuring everyone is treated equally. To do this, it splits its efforts into three ways: providing education, prevention, and investigating complaints of discrimination. Its ultimate goal is to create a job market where every individual can participate and thrive, free from the burden of unjust bias or prejudice.
Based on recent behavior, companies can expect the EEOC to proactively address discrimination in the following year. Here, Chicago-based company, Launchways provides insights into the EEOC’s anticipated influence through 2024.
The EEOC’s Mission Intensifies
During fiscal year 2024, which started on October 1, the EEOC is set to intensify its efforts. This predicted increase in activity is partly due to a significant budget increase of 6%, amounting to an additional $26 million in funding. This financial boost underscores the government’s commitment to protecting workers’ rights.
Another factor is that the EEOC is now under the control of the Democratic party. After a year-long tie, the senate approved democrat Kalpana Kotagal to the five-chair committee. The democrat-rich EEOC is more likely to aggressively pursue all kinds of unfair treatment at work.
The EEOC’s plans include taking legal action against discrimination and identifying new forms of bias. In the year that ended on September 30, 2023, the EEOC filed 143 lawsuits. Some of these were about widespread discrimination. For example, one well-known case accused Tesla of worker discrimination at their factory in California.
What’s more, the EEOC is very determined to deal with new challenges in the workplace. For example, EEOC recently solved its first case involving AI bias. An international tutoring company, iTutorGroup, was using artificial intelligence to hire employees. They were required to pay $365,000 because the AI was picking candidates unfairly.
As the commission becomes more determined, employers should stay watchful. They should make sure to maintain a workplace that is fair, free from discrimination, and open to all employees.
What Can Employers Do?
Employers must take proactive steps to ensure compliance with anti-discrimination laws. Here are some key actions that businesses can take to promote fairness and prepare for the expected surge in EEOC lawsuits in 2024:
- Review and Update Policies: Employers need to carefully check their workplace rules. Look for regulations regarding discrimination, harassment, and equal chances. Making sure these rules cover everything, stay current, and are well explained to employees is really important.
- Provide Training: Teach employees and managers about anti-discrimination laws and rules. Regular training can make people aware and show them how to deal with discrimination at work.
- Set Up Reporting Systems: Make clear and private ways for employees to report discrimination. This is crucial for stopping issues before they get worse.
- Investigate Quickly: When there are complaints about discrimination, employers should immediately investigate. This not only solves problems but also shows that they are serious about fixing discrimination.
- Encourage Diversity and Inclusion: Building a diverse and inclusive workplace isn’t just a legal rule; it’s also the right thing to do. Employers can take steps to bring in more diversity at all levels of the company, making a place where all employees feel respected and valued.
What Is the Takeaway?
As we look ahead to 2024, it’s evident that the EEOC’s role in combating workplace discrimination will continue to be prominent. Employers should understand the changing rules and the EEOC’s dedication to strategically enforcing them.
The main idea for businesses is that being proactive is the best way to protect against possible EEOC lawsuits.
Employers can create a workplace that follows the law and treats all employees fairly by taking these steps:
- Checking and improving company policies
- Offering training
- Setting up reliable reporting systems
- Promptly investigating issues
- Promoting diversity and inclusivity
In the end, protecting workers’ rights and preventing discrimination benefits both employees and employers. With the right actions in place, businesses can navigate the evolving workplace rules and help build a more just and inclusive future.
by Jim Taylor | Oct 3, 2023 | Company Culture, Employee Retention, Future of Work, Human Resources
The pendulum continues to swing. Going “back to normal” is a status many businesses long for even as they struggle to manage the “new normal.” With many workers insisting on the freedom they experienced working remotely, and employers calling for a return to their cultivated work culture, there is bound to be tension.
So, “Who’s in control of employer/employee relations?”
Employer/employee relations form the foundation of our modern workforce. By examining the current trends, we can gain insight into the evolving dynamics of employer/employee relations.
Remote Work and Flexible Arrangements
In recent decades, many trends have altered the employment landscape. Non-traditional work arrangements, such as freelance and contract work, have blurred the lines between traditional employer and employee roles. This results in new challenges in determining control and responsibility.
Remote work often requires a shift in management strategies, with a greater emphasis on results and performance. However, this shift means that employees may feel the need to be constantly connected to work. This sometimes blurs the line between their personal and professional life.
While workers have more control over their work environments and schedules, employers may fear that this lack of oversight could result in less productivity. The challenge is finding a balance. The desired solution would allow employees the flexibility they desire while ensuring employers can maintain control over work outcomes.
Mental Health Matters
Additionally, mental health has emerged as a prominent issue. More people are reporting feelings of depression and anxiety. Rates of drug abuse, addiction, and suicide have been steadily increasing. Although many are becoming more aware of mental illnesses, work-related stress, and burnout, businesses continue to find practical solutions to be a challenge.
Employers recognize that overly strict regulation can lead to feelings of employee dissatisfaction. That results in high turnover rates. In fact, the Great Resignation and quiet quitting trends have been linked to the level of support an employer offers its workers.
Workers prioritize their mental well-being and the quality of the work culture as they seek opportunities. Therefore, wellness and mental health have become important recruitment strategies for businesses.
Major health events, including mental health ones, change everything in a person’s life. As employers and HR advisors, we need to take the health of our workers seriously.
Balancing Employer and Employee Interests
With the increased attention that employee needs are getting, more employers are aware than ever before. Unfortunately, inflation has made wage increases difficult. Plus, more inclusive benefit options are increasingly expected to attract new talent. It has become challenging for many employers to keep up.
Employers are vested in ensuring their businesses’ productivity and profitability. This often involves making decisions that affect employee workloads, compensation, and job security. In contrast, employees seek job satisfaction, fair compensation, and security.
Employers often feel torn between wanting to support their employees and wishing to avoid price increases. This is clear in the healthcare benefits landscape. Balancing these sometimes conflicting interests is essential for a healthy workplace.
Where Do We Go From Here?
Although the pandemic redefined work dynamics, there’s a real sense of cooperation and negotiation. It’s in the best interests of both employers and employees to work for a mutually beneficial arrangement.
Employers can engage in open dialogue with their workforce. They can seek feedback and involve employees in decision-making processes that affect them. This inclusive approach can enhance employee satisfaction and reduce feelings of powerlessness.
When employees feel included in the process, they are more likely to cooperate. They may support initiatives that may initially appear restrictive.
As businesses weigh their needs with those of their employees, it becomes increasingly apparent. This support is required to attract and secure top talent in a competitive environment.
Over the coming weeks, we’ll be delving into a few innovative solutions for improving employer/employee relations. We’ll discuss measuring employee engagement as well as creative recruitment strategies.
Overall, the employer/employee relationship is in a decent place, with neither in the position to make many demands. That is a pretty good way to start.
by Devon Bellamy | Sep 25, 2023 | Compliance, Employee Benefits, Human Resources
The Retirement Savings Crisis
The Securing a Strong Retirement Act, also known as SECURE Act 2.0, was signed into place in December 2022. This law introduced new rules and requirements for retirement plans, all aimed at helping Americans save more money for their retirement. This comes as good news for working Americans who worry that they won’t have enough money when they retire.
A 2021 report from the National Institute for Retirement Security highlighted how a lot of U.S. workers are concerned about their retirement savings. It showed that most people believe there’s a real crisis, and many fear they will have to work beyond the age of retirement just to survive. For them, the new rules from SECURE Act 2.0 could be considered a lifesaver.
Unfortunately, however, they are causing real challenges for organizations. Those who rely on manual processes to make sure they remain compliant may find them especially challenging.
The new regulations will be enforced starting on December 31, 2024. That means organizations need to get ready pretty quickly.
Understanding SECURE Act 2.0
To better understand these new rules and what organizations need to do to prepare, let’s take a closer look at the details.
- Section 101: Automatic enrollment is required for all new 401(k) and 403(b) plans implemented after December 29, 2022. Additionally, enrollment must be set between 3% and 10% of the employee’s pay and increased by 1% each year until it reaches 10% to 15%.
- Section 125: Reduced eligibility requirements for 401(k) plans make it easier for part-time workers to join 401(k) plans. Instead of three years, employees must have worked at least two consecutive years, with at least 500 hours of work each.
- Section 603: Catch-up contributions are available for individuals 50 years or older, who earned over $145,000 last year. It allows them to classify catch-up contributions as Roth contributions. This offers significant tax benefits.
Unfortunately, these changes make it more complicated for companies needing to update their systems to handle these new rules.
Overcoming Implementation Challenges
Following these new rules can be really hard for smaller organizations because they have to do a lot of things manually. Unfortunately, the manual approach makes it more likely that human error in the process will go unnoticed until it’s too late. The potential consequence of this oversight can be extreme. Your company could face fines for even one tracking error.
Therefore, it’s vital to begin preparing for compliance immediately if you are affected by SECURE Act 2.0’s Section 125 and/or Section 603.
Does your company have the necessary technology in place to face this and the other challenges it faces?
Technology Solutions for Compliance
To ensure compliance, companies require the right technology. They need to be able to transfer a lot of data between their systems and the retirement plan providers’ systems. This includes payroll details and other sensitive personal identifiable information (PII).
Companies can choose from various methods including:
- Manual Data Entry
- SFTP
- Custom Integrations
- Unified employment APIs
Each has its benefits. The more automated the system is, the more accurate it is. The simpler and less expensive the method is, the more likely it is to result in costly mistakes.
Getting help from professional retirement advisors can help you assess your options and make the right choice for your company.
The Role of Retirement Advisors
Ideally, you should be planning and securing the support and tools you’ll need for 2.0 now. To ensure your company’s retirement landscape remains compliant, consider seeking the assistance of a professional retirement advisor. Advisors can:
- Inform you of important deadlines and keep you on track.
- Help you choose the right retirement plans.
- Explain what your company needs to do to follow the rules.
- Ensure compliance and safeguard you from legal consequences.
- Recommend tools to make sure the company is ready for the changes.
The right retirement advisor can be a valuable asset for companies wishing to identify and avoid potential pitfalls before SECURE Act 2.0 goes into effect.
A Final Note
With a looming retirement crisis, the need for change is apparent. SECURE Act 2.0 aims to provide opportunities for US workers to save for a secure retirement. Unfortunately, the manual processes used by many organizations present an increased risk of errors that could result in non-compliance.
Therefore, it is essential for plan providers and employers to begin enlisting support and implementing the correct technology to automate their systems. With the right resources, you should be able to seamlessly integrate your systems, reduce errors, and ensure compliance with SECURE Act 2.0–effectively and on time.
by Devon Bellamy | Sep 20, 2023 | Compliance, Employee Benefits, Human Resources
For many people, the workplace is their home away from home. For others, work is conducted from home. Regardless of whether you have a traditional work day or enjoy a remote or hybrid work schedule, you occasionally need a little flexibility in your life. During those times of need, many turn to FMLA to provide a bit of breathing room.
The Family and Medical Leave Act (FMLA) is a federal law that offers eligible employees of certain employers the right to take unpaid, protected leave for specific family and medical reasons. Covered employers must also maintain employees’ health benefits during this leave and guarantee their return to the same or equivalent positions afterward.
Many companies are subject to FMLA. These consist of public agencies and public or private schools, regardless of size. It also includes private-sector employers that have 50 or more employees during 20 or more workweeks in the year.
If your company falls under FMLA’s jurisdiction, this useful checklist can help ensure your compliance with FMLA.
FMLA Requirements
If your company falls under FMLA jurisdiction, you are required to display the FMLA poster where employees and applicants can easily see it. You can either use the U.S. Department of Labor’s (DOL) model poster or create your own.
You should also provide your employees with general notice about FMLA leave in the employee handbook. You can use the DOL’s model as an example. Your written materials regarding leave and benefits must contain all of the same information as the DOL’s model.
You are also required to maintain records related to FMLA compliance for at least three years.
Administering FMLA
The steps for administering leave are fairly straightforward. You should have an established method for tracking FMLA leave usage, including intermittent or reduced scheduled leave. You can create your own forms for administering FMLA leaves or use the DOL’s model forms.
Train your managers on FMLA compliance. They should be able to identify qualifying leave requests. It is also important that they understand the laws prohibiting interference and retaliation for requesting or taking leave.
Determining Eligibility for FMLA Leave
Eligibility for leave is based on specific criteria, the reason for the request, and whether the employee has available FMLA leave. To be eligible, an employee must meet the following requirements:
• Work for a company covered by the FMLA
• Worked for the company for at least 12 months
• Worked at least 1,250 hours for the company during the 12 months prior
• Works at a company with at least 50 employees
Qualifying reasons include caring for a newborn or adopting a child, dealing with a serious health condition, and military-related exigencies.
Eligible employees can take up to 12 weeks within a 12-month period.
Leave Process
Employers have the right to request a doctor’s note if an employee needs time off due to their own or a family member’s severe health issue. You can also ask for certification if the leave is related to military family matters. The Department of Labor (DOL) has standard forms like Form WH-381 that you can use for this purpose.
When an employee asks for leave, they should be told about this requirement. If medical certification is needed, they should be given the proper form along with the Notice of Eligibility and Rights & Responsibilities. They should have up to 15 calendar days to return it.
The Designation Notice states whether you decide to approve or decline FMLA leave. It should be given within five business days of the leave request (or when the certification is submitted if needed). You can use the DOL’s standard Designation Notice (Form WH-382) for this.
In Conclusion
As responsible employers, it’s vital to uphold certain standards to support your employees during their Family and Medical Leave Act (FMLA) journeys. It’s essential to remember that the specifics of FMLA compliance can differ based on unique situations and the presence of state or local regulations. This commitment to FMLA compliance not only benefits your employees but also strengthens your company’s commitment to their well-being and job security. You can use this as a guide to ensure the best support to your employees during their time of need. Review your company’s FMLA compliance, check out The 7 Steps for FMLA Compliance, and contact Launchways for further assistance.
by Devon Bellamy | Sep 12, 2023 | Employee Benefits, Human Resources, Mental Health in the Workplace
In recent years, the workplace landscape has undergone significant changes, largely influenced by the unprecedented events of the COVID-19 pandemic. As we approach 2024, a new trend has emerged that is taking precedence in the minds of corporate leaders and HR professionals alike: mental health.
Businesses have seen workers dealing with mental health issues, including anxiety, depression, or having problems with substance abuse. Unfortunately, the problem has worsened. In 2023, employers reporting mental health problems among their employees rose from 44% to 77%. As many as 16% believe the problem will continue to get worse.
Mental health concerns are not only impacting the employees of large corporations but also smaller businesses. To deal with this in 2024, employers are exploring strategies to prepare for mental health challenges that lie ahead for businesses of all sizes.
Mental Health Issues Also Affect Smaller Businesses
The growing awareness of mental health issues is not confined to large corporations; it extends its reach to smaller businesses as well. In fact, mental wellness challenges are often felt more acutely in smaller organizations due to limited resources and support systems.
Several factors contribute to the impact of mental health on smaller businesses:
Close-knit Work Environments: Smaller businesses often have a more familial atmosphere, which can be both a strength and a weakness. While it fosters strong bonds among employees, it also means that mental health issues are more visible and can have a cascading effect on team dynamics.
Limited Resources: Smaller businesses may lack the financial resources to invest in comprehensive mental health programs or hire dedicated mental health professionals. This limitation can make it challenging to provide adequate support to employees dealing with mental health concerns.
Stress and Workload: In smaller teams, a single employee’s absence or reduced productivity can significantly impact the overall workload. This can lead to heightened stress levels and burnout, further exacerbating mental health issues.
Lack of Awareness: Smaller businesses may not have the same level of awareness and education regarding mental health as larger corporations. This can result in a lack of understanding and a failure to recognize the signs of mental health challenges.
Given these factors, it is evident that mental wellness concerns are not limited to a specific company size or industry. Smaller businesses are equally affected, and addressing mental health issues is imperative for fostering a healthy workplace environment and sustaining employee well-being.
How Can Companies Prepare for Health Care Challenges Ahead?
As mental health takes center stage in corporate concerns heading into 2024, companies of all sizes must proactively prepare for the healthcare challenges that lie ahead. Here are some strategies that organizations can adopt to address mental health and promote mental wellness:
Create a Stigma-Free Environment
One of the first steps in addressing mental health in the workplace is to create a stigma-free environment. Encourage open conversations about mental wellness and ensure employees feel safe discussing their challenges without fear of judgment. This can be achieved through awareness campaigns, workshops, and training programs.
Implement Mental Health Programs
Offering mental health programs and resources is crucial. These programs can include Employee Assistance Programs (EAPs), counselling services, stress management workshops, and access to mental health professionals. Companies should invest in these resources to provide employees with needed support.
Flexible Work Arrangements
Flexible work arrangements, such as remote work options and flexible hours, can help employees better manage their mental health. These arrangements provide the flexibility to balance work with personal life and mental wellness.
Training for Managers
Managers play a pivotal role in supporting employees’ mental health. Provide training to managers on recognizing signs of mental health issues, having empathetic conversations, and connecting employees with appropriate resources.
Employee Wellness Initiatives
Wellness initiatives encompassing physical, mental, and emotional well-being can significantly impact. Encourage activities such as mindfulness and meditation sessions, fitness programs, and wellness challenges to promote overall health.
Evaluate Health Insurance Plans
Review and enhance health insurance plans to provide comprehensive coverage for mental health services. Ensure employees have access to mental health professionals and treatment without financial barriers.
Regular Surveys and Feedback Loops
Establish regular surveys and feedback mechanisms to gauge employee well-being and gather insights into the effectiveness of mental health initiatives. Use this data to refine and improve programs.
Inclusivity and Diversity
Promote inclusivity and diversity in the workplace, as a diverse workforce can bring unique perspectives and experiences related to mental wellness. Ensure that inclusivity is a core value of the company culture.
Encourage Work-Life Balance
Encourage employees to maintain a healthy work-life balance. Discourage overworking and emphasize the importance of taking time off when needed.
The Takeaway
As we approach 2024, mental health has risen to the forefront of corporate concerns, affecting both large and smaller businesses. Recognizing the significance of mental health in the workplace is the first step toward creating a healthier and more productive work environment.
Companies can prepare for the healthcare challenges ahead by adopting a holistic approach that includes destigmatization, the implementation of mental health programs, flexible work arrangements, manager training, wellness initiatives, improved insurance coverage, employee feedback mechanisms, and a commitment to inclusivity and work-life balance.
In the evolving landscape of corporate priorities, mental health and human resources professionals have a vital role in fostering mental wellness and ensuring that employees thrive professionally and personally. By addressing mental health challenges head-on, companies can build a healthier, more engaged workforce and better equipped to navigate the demands of the modern workplace.
by Jim Taylor | Sep 5, 2023 | Company Culture, Human Resources, Leadership
August has been an eventful month for government agencies overseeing workplaces. With new and returning rules pushed forward by both the National Labor Relations Board and the U.S. Department of Labor, employers and HR leaders need to take notice.
Companies should begin preparing now so they have less to do when the rules are finalized and implemented.
Here are a few of the key points for HR leaders to consider.
News From the National Labor Relations Board
Last week, the National Labor Relations Board (NLRB) announced returning to a rule that would reduce the time between a union expressing interest in representing employees and the actual union election. Around the same time, the NLRB also changed the process for unions to organize, making it easier for unions to organize and could even remove the need for an employee vote.
The Final Rule ensures the following steps occur more quickly to make pre- and post-election hearings more efficient.
- Pre-election hearing
- Distribution of election information to employees
- Ensures elections are held quicker
Chairman Lauren McFaren stated, “It’s the basic principle of the National Labor Relation Act that representation cases should be resolved quickly and fairly. By removing unnecessary delays from the election process, the new rule supports these important goals, and allows workers to more effectively exercise their fundamental rights.”
This could be good news for unions, but it may not be the best news for your company.
Recent polls show that support for labor unions is strong across many industries. Therefore, no industry is entirely safe from the possibility of unionization.
What Does This Mean for Your Company?
If you are an HR leader of a company at risk of unionizing, you should take these developments seriously. Building positive relationships with your employees is crucial to union avoidance.
Supervisor training plays a critical role in maintaining employee satisfaction and reducing the likelihood of unionization. Well-trained supervisors understand company policies, labor laws, and employee needs. This enables them to foster positive workplace environments.
When supervisors effectively communicate, provide support, and address concerns, employees feel valued and heard, diminishing their desire to seek representation through unions. Unfortunately, during the pandemic, supervisor training became something of an afterthought, and that is becoming evident.
News From the U.S. Department of Labor
In another recent development, the U.S. Department of Labor (DOL) has also proposed a new rule. This rule aims to raise the minimum salary that workers must earn to be exempt from overtime pay under the Fair Labor Standards Act.
Basically, the proposed rule would increase the minimum salary for exemption from $684 per week to $1,059 per week or $35,568 per year to $55,068 per year. The rule would also raise the “highly compensated employee exemption” from $107,432 annually to $143,988 per year. Furthermore, the DOL could automatically adjust these figures every three years.
What Does This Mean for Your Company?
Like most employers and HR leaders, you may need to figure out which jobs will be impacted by this proposed rule. Then you might weigh potential overtime implications against the following options:
- Employing measures to shift duties and reduce costs
- Switching employees from exempt to non-exempt
- Increasing employee salaries
While inflation has led many employers to increase salaries over the past few years, few have increased by the substantial margin that the DOL’s rule suggests.
What Can You Do?
Although the NLRB’s changes become effective December 26, 2023, the DOL’s rule is likely to be decided in late 2023 or early 2024. Until then, the DOL encourages the public to share their opinions before it implements a final rule.
Employers who might be affected by this new rule should definitely take advantage of the opportunity to provide feedback. The DOL is required to consider all public comments before making a final decision.
Although you should only make big changes once the DOL rule is finalized, it’s not too early to begin thinking about your strategy. That will make things easier when the final rule is eventually published.
When planning your response to the new NLRB rules, you should immediately fortify your HR department and begin training your supervisors and managers. Trained supervisors can resolve workplace issues promptly and fairly, addressing employee grievances without needing third-party intervention.
That not only strengthens the employer-employee relationship but also contributes to a harmonious work environment that is less susceptible to unionization efforts.
