What HR Professionals Should Have On Their Radar This Quarter
The employment law, political climate is abuzz! Skywalk Group has put together a summary to help you stay in-the-know. Here are a few items to have on your radar this quarter.
Equal Opportunity Commission
For those with 50+ employees that need to complete their EEO-1 reporting, the Equal Employment Opportunity Commission (EEOC) made an announcement that the portal will open this fall, buying us more time. That doesn’t however, mean we cannot be gathering the proper information so we can go live when the time comes. Are you collecting the appropriate demographic information from your workforce and applicants? Now is the time to prepare!
Religious Accommodations
In the Groff v. DeJoy case, the Supreme Court concluded that denying a religious accommodation depends on the employer’s argument that accommodating with the request would “substantially increase costs” for the employer. This changes the parameters of an undue hardship that was previously the standard for compliance. If you’re receiving these requests, be sure to familiarize yourself with this case and clearly document your decision/accommodation efforts.
Beliefs & Values
The Supreme Court ruled on 303 Creative v. Elenis in late in June that businesses may decline services based on misalignment of an organization’s beliefs/values. Whether you’re wearing your consumer hat, or your employer hat, this is one to be informed about.
FMLA Notice of Rights Poster
Employment law posters need a facelift!. Due to the recent rights granted in the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), we need to include these posters provided by the Department of Labor (DOL). Specifically, they updated their FMLA Notice of Rights poster. Be sure to use this if you are over 50 employees or are voluntarily complying with FMLA.
Affirmative Action Plan
In June, the Office of Federal Contract Compliance Programs (OFCCP) celebrated the 60th year anniversary of the Equal Pay Act (EPA). This act was designed to remove barriers for recognition, payment, and promotion of minorities and women. This is a friendly reminder that if you have 50 or more employees and a single federal contract exceeding the amount of $50,000 annually you are required to complete an annual Affirmative Action Plan (AAP) to prove you are complying with the EPA’s stipulations.
If you have employees in Vermont, their recent bill (S.103) strengthened their Anti-Harassment and Equal Pay provisions by broadening/generalizing their definitions.
Form I-9 Changes
U.S. Immigration and Customs Enforcement (ICE) will be ending the Form I-9 flexibility regarding remotely inspecting proof of identity and eligibility to work in the U.S. This means you may have to educate your hiring managers at each location on how to comply with the document retention requirements, as well as properly completing the employer portion of the form.
For employers with those in Florida, E-Verify is no longer just an option, but is mandatory. This is a free program that helps employers ensure they are properly completing their Form I-9s.
ERISA Compliance
In case it’s not already on your radar, the ERISA 5500 reporting deadline is at the end of the month. If you’re working with a trusted broker, they should be handling this for or with you. Be sure to check out an ERISA compliance calendar.
With so many changes happening so quickly, it’s important to have a strategy for compliance and keep an eye out for updates. Skywalk Group is just a click or a call away and can be your eyes, ears, and voice of reason. Visit our website today and schedule a time to learn more about our Human Resources consulting services, led by certified professionals in employment law.
By: Samantha Rogers, SHRM-SCP, PHR