Helpful Federal and State Employment Law Information

In recent years, the United States has seen a wave of new employment laws at both the federal and state levels. These laws cover a wide range of issues affecting employees, including wage and hour laws, discrimination, harassment, and paid leave. In this article, we will take a closer look at some of the most significant employment law developments in the United States.

At the federal level, one of the most significant developments is the Fair Labor Standards Act (FLSA) overtime rule. The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting employees in the private sector and in federal, state, and local governments. In 2016, the Obama administration proposed a new rule that would have raised the salary threshold for workers eligible for overtime pay from $23,660 to $47,476. However, the rule was blocked by a federal judge in 2017. In May 2019, the Trump administration released a new proposed rule that would raise the salary threshold to $35,308, but this rule has not yet been finalized.

Another significant federal development is the Paycheck Fairness Act. The Act, which was first introduced in 1997 and has been reintroduced several times since, would amend the Equal Pay Act to prohibit employers from retaliating against employees who discuss their wages, require employers to prove that pay disparities are not based on sex, and allow employees to receive compensatory and punitive damages for pay discrimination.

At the state level, one of the most significant developments is the proliferation of paid sick leave laws. As of 2021, 15 states, the District of Columbia, and numerous localities have enacted paid sick leave laws. These laws require employers to provide a certain number of paid sick days to employees each year, with the number of days varying by jurisdiction. Some of these laws also require employers to allow employees to use sick leave to care for a family member.

Another significant development at the state level is the legalization of recreational marijuana. As of 2021, 16 states and the District of Columbia have legalized marijuana for recreational use. However, employers are still allowed to prohibit marijuana use and possession in the workplace, and can still discipline employees for violating their drug policies.

Finally, many states have enacted laws aimed at preventing workplace harassment and discrimination. For example, in New York State, employers are now required to provide annual sexual harassment prevention training to all employees, and are required to adopt a sexual harassment prevention policy. California has also enacted a law requiring employers with five or more employees to provide sexual harassment prevention training to all employees.

There have been a number of significant employment law developments in the United States in recent years, both at the federal and state levels. These developments cover a wide range of issues affecting employees, from overtime pay to paid sick leave to workplace harassment and discrimination. Employers should be aware of these developments and ensure that their policies and practices are in compliance with the relevant laws and regulations.

In addition to the employment law developments mentioned previously, there have been a number of other changes in labor and employment law that employers should be aware of. For example, many states and localities have enacted "ban the box" laws, which prohibit employers from asking about an applicant's criminal history on job applications. These laws are aimed at reducing employment barriers for individuals with criminal records.

Another trend in employment law is the increased use of non-compete agreements. These agreements prohibit employees from working for a competitor or starting a competing business for a certain period of time after leaving their current employer. While non-compete agreements have traditionally been used for high-level executives and employees with access to confidential information, some employers have begun to use them for lower-level employees as well.

As for statistics regarding human resources topics, there has been a significant increase in the number of sexual harassment complaints in recent years. The #MeToo movement, which gained widespread attention in 2017, led to a wave of sexual harassment allegations against high-profile individuals in various industries. This increased awareness of the issue has led to more employees feeling comfortable coming forward with their own experiences of harassment.

Another topic that has seen an increase in attention in recent years is mental health in the workplace. According to a 2021 survey by the Society for Human Resource Management (SHRM), 89% of HR professionals reported that their organization had implemented at least one mental health initiative, such as an employee assistance program or mental health days. This reflects a growing recognition of the importance of supporting employee well-being and addressing mental health challenges in the workplace.

However, despite these positive trends, there are also challenges facing the labor market in the coming years. One of the biggest concerns is the potential for widespread layoffs in 2023. A recent survey by the staffing firm Adecco found that 55% of U.S. companies planned to implement layoffs in 2023, with 44% citing the need to cut costs as the primary reason. The COVID-19 pandemic has had a significant impact on the economy, and some industries, such as hospitality and tourism, have been hit particularly hard. Employers should be aware of the potential for layoffs and prepare accordingly, both from a legal and a human resources perspective.

In conclusion, there have been a number of important developments in labor and employment law in recent years, as well as increasing attention to human resources topics such as sexual harassment and mental health. Employers should stay up-to-date on these trends and be prepared for potential challenges, such as layoffs, in the coming years.