In 2023, employers witnessed substantial change in the employment law process, and more changes are expected to take place in 2024. Below is a summary of employment law changes that every employer should be aware of.
- NLRB – adopted a more employee-friendly approach to determining whether a workplace rule violates the National Labor Relations Act. Under the new approach, a workplace rule is presumed unlawful if a “reasonable employee” could interpret the rule in a way that limits employee rights under the NLRA. This applies even if the rule at issue could be interpreted in other ways that would not violate the NLRA. Employers, on the other hand, bear the heavy burden of demonstrating that the rule in question is tailored as narrowly as possible to further a legitimate and substantial business interest.
- Pregnant Workers Fairness Act – became effective earlier in 2023 and requires covered employers to provide reasonable accommodations for an employee’s known limitations due to pregnancy, childbirth, or a condition related to either of those. Reasonable accommodations might include allowing employees to sit; have more frequent breaks to eat, drink, or use the restroom; park closer to the entrance; or receive unpaid leave.
- Legalizing Marijuana (recreational and/or medical) – Given that many states have legalized or eased restrictions on recreational and/or medical use of marijuana, employers need to review and potentially revise their drug testing policies and hiring procedures.
- States Expand Protection – Some states have expanded protections allowing for natural hairstyles associated with race. Others have tightened or expanded the restrictions on noncompete agreements, increased minimum wage amounts (22 states have already increased the minimum wage with laws that will become effective on January 1, 2024), and implemented policies providing for pay transparency.
Employers should review their HR policies and procedures in order to make sure they comply with the ever-changing laws, both on the state and federal level.
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