As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:

  1. Paid Time Off (PTO) and Leave Policies: Are your PTO and leave policies consistent with federal and state laws regarding the provision of various types of leave?
  2. Confidentiality and Non-Disparagement Requirements: Do your employment and severance agreements comply with the position of the National Labor Relations Board that such policies for non-supervisors may violate the National Labor Relations Act?
  3. Non-Compete Agreements: Are your non-compete agreements consistent with state laws? Many states now restrict the universe of employees who may be subject to such an agreement and some outlaw such agreements all together and may require notification to employees that such agreements will not be enforced.
  4. Pregnant Worker Fairness Act (PWFA): Do your supervisors understand the reach of the PWFA and that the Equal Employment Opportunity Commission’s view that employees unable to perform one or more essential functions of the job for up to 40 weeks or more are still entitled to accommodations absent undue hardship? And that some requests for accommodation are per se reasonable and should not require a physician’s note to be granted?
  5. Minimum Wage/Pay Transparency/Pay History: Is your workplace compliant with minimum wage obligations (many states raised those rates for 2024)? What about the pay transparency statutes and pay history bans passed across the country by many state legislatures?

If you have any questions about how these developments could impact your policies or workplace, please contact the author.