Employee handbooks are essential tools for establishing expectations, addressing workplace issues, and defending against potential lawsuits. Regularly updating employment policies is crucial to avoid legal risks and liabilities, ensuring compliance with evolving laws and best practices. Here are the key employment policies employers should review and update in 2024:
1. CROWN Act Compliance The CROWN Act, which prohibits discrimination based on hair texture and styles associated with race, national origin, and ethnicity, has been enacted in 26 states as of June 2024. Employers should ensure their dress code policies do not discriminate against hairstyles such as twists, locs, braids, and afros.
2. Pregnant Workers Fairness Act (PWFA) Effective June 27, 2023, and with final rules taking effect on June 18, 2024, the PWFA requires employers with at least 15 employees to provide reasonable accommodations for workers with known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship. Employers must familiarize themselves with the new regulations and engage in an interactive process to provide appropriate accommodations.
3. Noncompete Agreements A final rule by the FTC, effective September 2024, bans most noncompete agreements. Existing noncompetes for senior executives earning over $151,164 annually in policymaking positions are exempt. Employers need to review and potentially revise their noncompete agreements and notify affected employees of the changes.
4. FLSA Overtime and Minimum Wage Exemptions A final rule by the U.S. Department of Labor, effective July 1, 2024, updates salary thresholds for exemptions from federal overtime pay requirements. The new rule increases the minimum salary level for exempt employees from $684 to $844 per week, and to $1,128 per week on January 1, 2025. Employers should adjust salaries or reclassify employees as non-exempt where necessary to comply with the new thresholds.
5. Remote Work Policy With the rise of remote work, it is crucial to have clear policies on eligibility, expectations, communication, data security, and reimbursement for expenses. Ensure compliance with state and local telecommuting laws.
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6. Diversity, Equity, and Inclusion (DEI) Policy A comprehensive DEI policy should outline the company’s commitment to creating an inclusive workplace, define key terms, describe initiatives, and establish procedures for addressing discrimination and harassment complaints.
7. Data Privacy and Security Policy As data privacy regulations evolve, employers must ensure compliance with laws like GDPR and CCPA. Policies should cover data collection, storage, access, breach notification, and employee responsibilities.
8. Mental Health and Wellness Policy Supporting employees’ mental health is essential. Policies should provide access to mental health resources, flexible working arrangements, stress management programs, and initiatives promoting a healthy work-life balance.
9. Paid Leave Policy Ensure policies comply with federal, state, and local laws on paid sick leave, family and medical leave, parental leave, and other types of paid time off.
10. Social Media Policy Employers should have clear guidelines on appropriate social media use during work hours, professional conduct online, and the potential impact of personal social media activity on the company’s reputation.
Summary
Regularly updating employment policies is vital to mitigate legal risks and ensure compliance with evolving regulations. By reviewing these key areas, employers can ensure their handbooks reflect the most recent legal developments and best practices. Tilson keeps its clients’ handbooks updated regularly with all state and federal addendums/policies and can assist with special policies such as these. Contact us today if you need help with your handbook.
This article is not intended to be exhaustive nor should any discussion or opinions be construed as professional advice.
