Navigating Legal Changes in the HR Landscape

As we enter the final quarter of 2023, it’s essential for employers to review and understand the significant HR and legal developments from Q3. These updates span several areas, including workplace safety, wage equity, and employee rights, which will have lasting impacts through the end of the year and into 2024. At Rook Consulting, we are committed to helping businesses navigate these changes. Here’s a rundown of the most important HR-related legal updates from Q3 2023 and how they affect your business.

1. Expanded Paid Family and Medical Leave Laws

Throughout Q3 2023, several states introduced new and expanded paid family and medical leave laws, providing greater access for employees who need time off to care for themselves or a family member. These changes are part of a growing trend of recognizing the importance of work-life balance and supporting employees through critical life events.

Key developments:

• California: California’s paid family leave program now includes additional benefits for employees who are caring for seriously ill family members or bonding with a new child. The expansion increases the number of weeks of paid leave and extends the list of eligible family members.
• New York: New York introduced new measures allowing employees to take paid leave for bereavement, alongside other family-related leave options. This policy includes a certain number of paid days off for employees to cope with the loss of a close family member.
• Washington: The state introduced paid leave for employees dealing with their own mental health conditions, making it the first state to do so. This includes time off for therapy, psychiatric treatment, or general mental health well-being.

What employers should do:

• Review and Update Leave Policies: If you are based in a state with these updated laws, now is the time to review your paid leave policies. Employers should ensure that employees are aware of their rights and understand how to apply for paid leave.
• Implement Systems for Tracking: Consider using HR software or systems to track paid leave usage to ensure compliance with new laws and avoid overextending paid leave benefits.

At Rook Consulting, we can help you ensure that your paid family and medical leave policies are up to date and compliant with your state’s requirements.

2. Salary History Ban Expands

Q3 2023 saw the continued expansion of salary history bans across multiple states and municipalities. These bans prevent employers from asking candidates about their previous salaries and ensure that hiring decisions are based on the candidate’s qualifications and the value they can bring to the company.

Notable updates:

• California: California extended its ban on salary history inquiries to include all private employers, including smaller companies that were previously exempt.
• Colorado and New York City: Both locations reinforced their commitment to salary transparency and salary history bans, encouraging employers to adopt fairer compensation practices.
• Illinois: Illinois joined several other states by enacting a law that prohibits employers from considering an applicant’s prior salary history during the hiring process, helping to close the gender wage gap.

What employers should do:

• Update Hiring Practices: Employers should ensure that their job applications, interview processes, and hiring guidelines do not include questions about prior salaries. Training hiring managers on this change is key to compliance.
• Establish Fair Compensation Systems: With salary history bans, employers should focus on creating fair compensation systems based on role requirements, experience, and market data, rather than previous salaries.

Rook Consulting can assist in reviewing your hiring policies and help you implement fair pay practices that comply with state and local laws.

3. OSHA’s Revised Workplace Safety Guidelines

Q3 2023 brought updates from the Occupational Safety and Health Administration (OSHA) focused on protecting workers in industries with higher risks, such as healthcare and construction. These changes are aimed at reducing workplace injuries and ensuring the physical and mental well-being of employees.

Key changes:

• Mental Health in the Workplace: OSHA announced new guidelines for workplace safety programs that now include mental health protections. Employers are encouraged to create systems that support employees' mental well-being, including providing resources for stress management and reducing workplace bullying.
• Workplace Injury Reporting: New regulations are now in place to make injury reporting more transparent. Employers must maintain accurate records and report injuries within a specified time frame to avoid penalties.
• COVID-19 Guidelines: OSHA has relaxed some COVID-19-specific guidelines but is still emphasizing certain safety protocols in industries that are at higher risk, such as healthcare and hospitality.
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Reach out to Rook Consulting today to ensure your business remains compliant and competitive in 2024. We’re here to guide you through these changes and provide tailored HR solutions that support the success of your workforce and business.