Daylight Savings starts March 10th: Set your clocks forward one hour Sunday morning, March 10th. Daylight Saving Time was first proposed by George Vernon Hudson in 1895, and its use in the U.S. was first mandated during World War I. It was subsequently used on and off for years by various countries and U.S. states. Since the 1970s; however, it has mostly remained in effect in the U.S. and Europe. The salaries of exempt employees are not affected by Daylight Savings Time. As for non-exempt employees, employers will have to decide whether to pay those employees who are at work when the clock is set forward for this “lost” hour. They do not have to be paid for it since they did not actually work it. The employer may also have to decide whether the lost hour, if paid, will count toward overtime or not (it does not have to). However, an employer must also determine if the hour counts towards leave accrual. To get a copy of a poster, click here.
EEO-1 reporting season opens Tuesday April 30th: The 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024. The EEO-1 Component 1 online Filer Support Message Center (i.e., filer help desk) will also be available on Tuesday, April 30, 2024, to assist filers with any questions they may have regarding the 2023 collection. Source: EEOC
CDC updates guidelines for COVID: The CDC revised its COVID-19 guidance to eliminate its five-day isolation recommendation and to suggest only enhanced situational precautions after an individual is fever-free for 24 hours to reduce spreading a variety of common respiratory viruses, such as influenza, respiratory syncytial virus (RSV), and COVID-19. Once people resume normal activities, they are encouraged to take additional prevention strategies for the next five days to curb disease spread, such as taking more steps for cleaner air, enhancing hygiene practices, wearing a well-fitting mask, keeping a distance from others, and/or getting tested for respiratory viruses. Enhanced precautions are especially important to protect those most at risk for severe illness, including those over 65 and people with weakened immune systems. California updated its isolation guidance at the beginning of January. Employers with policies aligning with prior guidance advising that individuals with flu-like symptoms test for COVID and isolate for at least five days after testing COVID-positive could consider updating them to keep pace with CDC’s revisions. Employers outside of the healthcare industry continue to broadly eliminate COVID-specific policies, but everyone should remain cognizant of specific industry or jurisdictional requirements that may differ from CDC guidance. Source: Seyfarth 3/4/24, USAToday 3/1/2024
Help employees with emergency savings: A growing share of U.S. adults believe they would struggle to afford an emergency expense, but a recent regulatory update may present an opportunity for employers to help. An annual study published last month by financial services company Bankrate found that fewer than half of Americans would pay for an emergency expense of $1,000 or more from their personal savings, a figure that Bankrate said has remained steady since 2022. A new option is on the horizon, thanks to guidance published in January by federal regulators on the implementation of pension-linked emergency savings accounts, or PLESAs. PLESAs are short-term savings accounts that can be maintained as part of a retirement savings plan, such as a 401(k) plan, according to a U.S. Department of Labor press release. They were established as part of the SECURE 2.0 Act, a component of the 2023 Consolidated Appropriations Act enacted in late 2022. Only employees who are not highly compensated may participate in a PLESA, according to the joint IRS, U.S. Department of the Treasury and DOL guidance. Employers can set lifetime contribution limits of up to $2,500, automatically enroll employees in PLESAs, and make matching employer contributions to linked retirement plans. Source: HR Dive 2/8/24
FTC is looking at worker misclassification as antitrust violation for competitive practices: Commissioner Alvaro Bedoya focused his keynote speech at Global Competition Review: Law Leaders Global Summit 2024 on the competitive effects of misclassification of employees as independent contractors. Commissioner Bedoya indicated his belief that the FTC should be investigating these practices as an “unfair method of competition” under the FTC Act. In his speech, Bedoya highlighted two competitive concerns with employee misclassification. First, that businesses that violate labor and employment laws get an unfair competitive advantage and are able to undercut their competitors. Second, that labor markets are impacted by pervasive misclassification, affecting workers in the form of lost wages and benefits. Misclassification of workers is not a traditional concern of antitrust enforcers, and Commissioner Bedoya’s announcement is a further indication of the broadening enforcement policies of the current FTC leadership. Given this expanded approach, HR should carefully review their independent contractor and employee classifications with the assistance of counsel. Source: Duane Morris LLP 2/8/24
Want employees back to work? Figure out the bathroom situation: There’s one luxury workers aren’t openly discussing yet they value highly as they’re being asked to return to in-person work: having their own private bathroom. A recent survey from remote job search site Jobera of over 3,000 workers found 20% of respondents said having their own bathroom while working from home is a “total game changer” and giving that up is a key reason they don’t want to return to offices. Ultimately, privacy is the biggest luxury lost when returning to in-person work and one some employers are attempting to better replicate in their open-office spaces. Some are paying more attention to their bathrooms now and looking to add more single-stall bathrooms or at least redesign communal bathroom stalls to be better enclosed and offer more privacy. Beyond a need for more privacy, there are many other reasons workers might have for coveting their personal bathrooms back home that they now have to give up. “When it comes to bathrooms, it’s also important to ensure their cleanliness, no one wants to sit on a seat that’s dirty from a colleague’s previous visit,” said Alison Adams, community manager at Jobera. Source: Worklife 2/9/24