Navigating Legal Changes in the HR Landscape

As we move through the third quarter of 2024, the HR landscape continues to evolve with new laws, regulations, and emerging workplace trends that businesses need to understand. From changes to workplace safety regulations to updates on employee rights, HR compliance is more crucial than ever. At Rook Consulting, we are dedicated to keeping businesses informed and compliant as we navigate these changes. Let’s explore the key legal updates for Q3 2024 and how they impact your organization.

1. New OSHA Workplace Safety Guidelines

In Q3 2024, the Occupational Safety and Health Administration (OSHA) is expected to release updated guidelines for workplace safety, focusing on mental health in the workplace and the prevention of workplace violence. As more businesses recognize the importance of employee well-being, OSHA is expanding its focus beyond physical safety to address the growing concerns around mental health and workplace harassment.

Employers should prepare for:

Increased Mental Health Focus: OSHA is introducing guidelines that will require employers to assess and address potential mental health hazards in the workplace, such as stress, harassment, and burnout.

Violence Prevention Programs: Employers will need to implement workplace violence prevention programs that include policies, training, and procedures for preventing and responding to violent incidents.

Training Requirements: Companies may be required to train their employees and managers to recognize the signs of workplace stress and violence, as well as to respond appropriately to these issues.

Employers should review and update their workplace safety programs to include mental health support and violence prevention measures. Providing training for staff on recognizing and addressing these issues will be crucial in maintaining a safe and supportive work environment.

2. Expansion of Paid Family Leave Benefits

Starting in Q3 2024, several states will expand their paid family leave benefits to provide more comprehensive support to employees caring for family members or welcoming new children into their homes. These updates are designed to provide more flexibility and help workers balance caregiving responsibilities with their professional lives.

What employers need to know:

Increased Paid Leave Entitlement: States such as New York, Massachusetts, and Minnesota are extending the duration of paid family leave, meaning businesses will need to update their policies and adjust their payroll systems accordingly.

Wider Coverage: New laws may expand the eligibility criteria to include additional family members or allow employees to use leave for additional caregiving responsibilities.

Integration with Federal FMLA: Companies must ensure that their paid family leave programs are integrated with the federal Family and Medical Leave Act (FMLA) and comply with both state and federal requirements.

Employers should ensure that they have the appropriate systems in place to track paid family leave usage and ensure compliance with these new state-level mandates.

3. Revisions to Employee Non-Disclosure Agreements (NDAs)

Q3 2024 brings significant revisions to the enforceability and scope of employee non-disclosure agreements (NDAs), particularly in relation to protecting employees’ rights to report harassment and discrimination. New laws in California and other states are requiring employers to make adjustments to their NDA practices to ensure they do not infringe upon an employee’s right to report misconduct.

Key updates for employers:

Exemptions for Reporting Harassment: NDAs can no longer be used to prevent employees from speaking out about harassment, discrimination, or unsafe working conditions. Employers must revise existing NDAs to ensure they are not overreaching in protecting confidential information at the expense of employee rights.

Increased Transparency: Employers will be required to provide more transparency regarding the terms of NDAs and the specific protections offered to employees.

Training on NDAs: Employers will need to train their HR teams and management on the new rules surrounding NDAs, particularly on what can and cannot be included in these agreements.

Employers should review and revise their existing NDAs to ensure they comply with these new requirements and respect employees’ rights to speak out about workplace misconduct.

4. Ban on Salary History Inquiries Expands

In Q3 2024, the number of states and cities with salary history inquiry bans continues to grow. More jurisdictions are passing laws that prohibit employers from asking job candidates about their past compensation during the hiring process. The goal is to reduce pay inequity and promote salary transparency, particularly for women and minority groups.

What employers need to know:

Prohibited Salary Questions: Employers in jurisdictions with salary history bans must refrain from asking candidates about their previous salary, bonuses, or benefits. Instead, employers must focus on the candidate’s qualifications, experience, and the compensation range for the open position.

Record Keeping: Businesses will need to track and document the salary range provided in job postings and ensure consistency in salary offers based on job responsibilities and qualifications, not historical pay.

State-Specific Regulations: While salary history bans are expanding, the specifics of the law vary by state and locality, meaning businesses must keep up with changing requirements.

Employers should review their hiring processes to ensure they are in compliance with salary history bans, update their interview guidelines, and train hiring managers to avoid unlawful inquiries.

How Rook Consulting Can Help

With these significant legal changes coming into play in Q3 2024, staying compliant and adapting to the shifting landscape is essential. From ensuring workplace safety for mental health and preventing violence to navigating paid family leave and revising NDAs, businesses need expert guidance to navigate the complexities of HR law.

At Rook Consulting, we offer:

Workplace Safety Program Updates: We can help you update your safety programs to incorporate mental health support and violence prevention, ensuring a safe and supportive work environment for all employees.

Paid Family Leave Compliance: We’ll assist with updating your paid family leave policies and making sure your payroll systems are aligned with the latest state and federal regulations.

NDA Review and Revision: Our team will work with you to revise your NDAs to comply with new laws regarding harassment reporting and employee rights, helping you maintain a fair and transparent workplace.

Salary History Ban Compliance: We’ll guide you through the implementation of salary history bans in your hiring practices and ensure your recruitment process is equitable and compliant.

Contact Rook Consulting today to make sure your business is fully prepared for the legal changes that Q3 2024 brings. We’re here to help you stay compliant, protect your workforce, and create a positive, equitable work environment. Let us guide you through these transitions, so you can focus on your business’s growth and success.