News & Resources – Page 3

New EEOC Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released updated guidance on harassment in the workplace, marking the first significant update in over two decades.

Titled “Enforcement Guidance on Harassment in the Workplace,” this new guidance integrates feedback from nearly 40,000 public comments and reflects the latest legal standards and best practices for addressing workplace harassment. Below is a breakdown of what is included in the EEOC’s updated protections, highlighting the need for potential changes to your business’ employee handbook.

Inclusion of LGBTQ+ Protections

The guidance recognizes that discrimination based on sexual orientation and gender identity is unlawful under Title VII of the Civil Rights Act of 1964. This includes harassment like misgendering, outing someone’s sexual orientation or gender identity without their consent, and denying access to appropriate bathrooms.

Protections for Pregnancy and Related Conditions

The guidance emphasizes protections under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). It addresses harassment related to pregnancy, childbirth, lactation, and reproductive choices, providing clear examples of what constitutes unlawful behavior.

Race and Color-Based Harassment

For the first time, the EEOC has separated harassment based on “color” into its own category, distinct from race or national origin. The guidance clarifies that color-based harassment due to differences in pigmentation, complexion, or skin tone is independently covered under Title VII.

Genetic Information and Family Medical History

Under the Genetic Information Nondiscrimination Act (GINA), harassment based on genetic information or family medical history is explicitly unlawful. This could include making derogatory remarks about an employee due to their family’s medical conditions.

Retaliatory Harassment

The guidance introduces the concept of retaliatory harassment, clarifying that such behavior can be unlawful even if it doesn’t create a hostile work environment. Any conduct that might deter a reasonable person from engaging in protected activity is considered retaliation.

Intraclass and Intersectional Harassment

Examples of harassment within the same protected category (intraclass) and targeting individuals based on multiple protected characteristics (intersectional) are provided. This includes scenarios like age-based harassment within the same age group and combined sex and age discrimination.

The guidance offers over 70 hypothetical examples of potential unlawful harassment, reflecting modern workplace dynamics such as hybrid work settings and the use of electronic communication.

Employers are encouraged to review and update their anti-harassment policies to align with the new guidance, and should incorporate training or similar tools to address harassment by clients, customers, or other nonemployees.

The EEOC’s updated guidance on workplace harassment represents a significant step forward in creating safer, more inclusive work environments. By proactively updating policies and training programs, employers can better protect their employees and reduce the risk of liability.

If you have questions about the new clarifications and how to incorporate them into your workplace, I’m happy to help. Please contact me at edgar@officiumdc.com.

Quiet Firing: A Toxic Approach to Employee Management

Have you been feeling the cold shoulder or receiving less assignments at work suddenly? These could be signs of quiet firing.

‘Quiet Firing’ is a term used to describe a management practice where employers subtly push employees out of the company instead of directly terminating them. This is often done by reducing their responsibilities, excluding them from important meetings, or providing minimal feedback and support. The goal is to create an uncomfortable work environment, making the employee feel undervalued and frustrated, ultimately leading them to resign voluntarily.

Unfortunately for those who aim to avoid conflict, this practice can be harmful for both the leader and the company. For example:

It Can Ruin Trust and Morale

Quiet firing creates an environment of uncertainty and distrust. When employees perceive that their peers are being subtly forced out, it undermines their sense of job security and damages overall morale. This can lead to a toxic workplace culture where employees feel unsupported and anxious about their future.

It Can Damage a Company’s Reputation

Word spreads quickly in professional networks. When employees leave due to quiet firing, they often share their negative experiences with others. This can tarnish the company’s reputation, making it harder to attract and retain top talent. Potential hires may be wary of joining a company known for such practices.

It Has Potential To Lead to Legal Challenges

Employees may claim they were constructively dismissed, which can result in costly legal battles and settlements. Additionally, it raises ethical concerns about fairness and transparency in the workplace.

It’s a Reflection of Ineffective Performance Management

This approach reflects poorly on the leadership team’s ability to manage employees and performance effectively. It shows a lack of willingness to address issues directly and constructively, which is essential for a healthy and productive work environment.

While the conversation will likely be uncomfortable for both parties, communicating properly with an employee about their performance and the risk of termination is simply the right thing to do. To combat the awkwardness, we recommend:

Preparing what you’d like to say in advance
Choosing a private, neutral space for the conversation to take place
Being clear and direct: Say what you mean and mean what you say
Providing constructive feedback and set clear expectations
Following up and track the employees’ progress
Documenting everything in case of termination

Overall, quiet firing can be a detrimental practice that harms both employees and the company. By adopting a more transparent and supportive approach to performance management, leaders can create a more positive and productive work environment, ultimately leading to better outcomes for everyone involved.

If you have any questions surrounding this topic, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Updates to DC and Maryland Employment Laws (As of 6/4/24)

The DC and Maryland legislatures have introduced significant employment law changes. Learn more about the updates below, and contact us with any questions or need for support.

District of Columbia

Expanded Wage Transparency Laws

Starting June 30, 2024, DC wage transparency laws will expand upon its current regulations to cover:

Employers will no longer be able to screen applicants based on their wage history or request that applicants or past employers provide their wage history as a condition to be considered for employment. The rule does not prevent employers from asking as long as it isn’t a required answer.
Employers must inform applicants of eligible healthcare benefits prior to hiring them, and are encouraged to include this information on job listings.

Companies are required to display a notice about these changes in a physical or virtual location easily accessible to all employees.

New Voting Leave Regulations

On May 10, 2024, DC published new regulations on voting leave law, stating that workers do not have to provide more than 7 days’ notice to take voting leave unless an already existing policy requires more. The change requires employers to post the Time Off to Vote notice in a physical or virtual location easily accessible to all employees at least 60 days before all scheduled elections. If a notice is sent via email, employers must receive an acknowledgement of receipt.

MARYLAND

Paid Family and Medical Leave Insurance

Going into effect on October 1, 2024, Senate Bill 485 will bring substantial updates to the Paid Family and Medical Leave Insurance (FAMLI) program. Key changes include:

Contribution requirements now start on July 1, 2025, and benefit payments begin on July 1, 2026.
Employees must have worked at least 680 hours in the prior four quarters to qualify.
Set by Maryland’s secretary of labor by February 1, 2025, contribution rates include wages up to the Social Security wage base.
Employers opting out of the state program must use an approved private plan, subject to application and renewal fees.

Pay Transparency Law

Beginning on October 1, 2024, the Pay Transparency Law will require employers to disclose wage ranges, benefits, and other compensation details in job postings. Key details include:

The law applies to both public and internal job postings.
Employers must retain records of compliance for three years.

Enhanced Pay Stub Requirements

Maryland’s pay stub requirements have been updated to mandate more detailed earnings information, including the employer’s contact details, payment dates, hours worked, pay rates, and detailed deductions.

A state-provided pay stub template will be available. Non-compliance can result in penalties of up to $500 per employee.

Non-Compete Ban for Veterinary and Health Care Professionals

Coming into effect on January 1, 2024, non-compete agreements are banned for veterinary and healthcare workers earning less than 150% of the minimum wage.

We will continue to provide information on these changes and others as updates become available. If you have any questions on how you might be impacted or what policy changes your business needs to make, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Recent Changes to U.S. Employment Laws & Regulations

The following HR compliance updates may impact your policies or operations.

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FTC BANS MOST NEW NONCOMPETE AGREEMENTS NATIONWIDE

The Federal Trade Commission has approved a final rule banning most new non compete clauses in employment contracts. The rule makes all existing noncompete agreements, except those covering senior executives and not-for-profit entities, unenforceable.

Senior executives are defined as those earning over $151,164 annually in a policy-making position.
The rule will likely go into effect on September 4, 2024, 120 days after its publication in the Federal Register, though delays are expected.
Employers should review their policies for compliance and consider alternatives such as non-solicitation or confidentiality clauses to protect business interests.

Our team will keep you updated as more information becomes available, but we recommend starting to consider how your current operations may be impacted, as the rule likely will remain in tact. Don’t hesitate to contact us with questions or for support in updating your current procedures.

NEW OVERTIME RULE RAISES SALARY LEVEL IN TWO PHASES

The U.S. Department of Labor has implemented a new overtime rule that will significantly increase the salary threshold for white-collar exemptions to overtime requirements in two phases:

Effective July 1, 2024, the FLSA’s annual salary-level threshold for white-collar exemptions to overtime requirements will increase from $35,568 to $43,888.
Effective January 1, 2025, the annual salary threshold will rise to $58,656.
The FLSA mandates overtime pay for the majority of employees and provides exceptions for certain job categories. Those employees who qualify for overtime pay are labeled as “nonexempt,” while those who do not qualify are termed “exempt.”

Employers are advised to budget for salary and overtime expenses, plan reclassification strategies, and consider compliance with state and local wage laws.

EXPECT MORE HR INVOLVEMENT IN JOB TRANSFERS

The U.S. Supreme Court recently ruled that employees who challenge a job transfer as discriminatory or retaliatory only need to demonstrate “some harm” rather than “significant injury” under the Civil Rights Act of 1964.

This ruling lowers the threshold for employees to show that a job transfer has impacted their working conditions when accusing their employer of discrimination.
Employers must carefully consider an employee’s job transfer and ensure that there are legitimate business reasons for such a decision.
Any complaints of discrimination must be promptly investigated.

NEW PREGNANT WORKERS FAIRNESS ACT REGULATIONS

On April 15, 2024, the EEOC issued its final rule implementing the Pregnant Workers Fairness Act. The final rule will become effective on June 18, 2024, and will require covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations due to pregnancy, childbirth, or related medical conditions. Accommodations can include:

Physical adjustments, such as providing a stool or lightening manual labor
Telecommuting
Going on leave
Nursing during work hours
Changing work assignments

Employers are not required to provide accommodations if they would cause an undue hardship on their business.

IN CASE YOU MISSED IT: NEW UPDATE BLOCKS RECENT NLRB JOINT EMPLOYMENT RULE

You may have received an update from us in the beginning of the year concerning an upcoming change to joint employment regulations. Recent litigation has prevented the new rule from becoming effective for the time being, and we will keep you updated as we learn more.

Fostering Safety for LGBTQIA+ Employees

Cultivating a safe and inclusive work environment for LGBTQIA+ employees is critical for fostering a sense of psychological safety – an essential ingredient for high-performing teams.

Managers and leaders play a pivotal role in ensuring that LGBTQIA+ employees feel valued and respected. Here are a few tips from the Officium team on how you can achieve this:

Become Familiar With Psychological Safety

Psychological safety is a concept that allows all team members to feel secure enough to take risks and be vulnerable without fear of negative consequences in the workplace. This is particularly important for LGBTQIA+ employees, who may feel the need to hide or protect aspects of their identity to avoid stigma and exclusion. It can be a significant barrier to feeling fully integrated into the team.

Leaders Should Set The Standard

It’s up to leaders of the organization to normalize inclusive practices like using pronouns, educating themselves on bias and microaggressions, and being respectful to all.

Address Microaggressions or Blatant Discrimination Immediately

The psychological impact of being a victim of microaggressions, discrimination and harassment can be detrimental to a person’s mental health and self esteem. It’s critical that all situations undermining someone’s identity be addressed immediately with proper repercussions that instill feelings of safety. These moments should be used to educate and reinforce the importance of respectful communication.

Respect Privacy and Autonomy

Allow employees to disclose their identities if and when they should choose to. Never assume or pressure individuals to come out or discuss their personal lives. This rings true both in and out of the workplace.

Be an Active Ally

Employers who prioritize equity and inclusivity should actively support their LGBTQIA+ employees by educating themselves about the culture and challenges, and publicly standing against discrimination.

Provide Equitable Benefits

HR policies should never depict bias towards any group, and all employees should feel they are benefiting from their company’s benefits offerings.

With these actions, leaders can create a workplace where LGBTQIA+ employees feel a strong sense of belonging. This, in turn, leads to greater engagement, commitment, and innovation. The ultimate goal is a work environment where everyone feels free to be their authentic selves, contributing fully to the team’s success.

If you have any questions surrounding this topic or would like to establish more inclusive policies, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Here’s Why Skills-Based Hiring May Be Your Company’s Key to Success

In the fast-evolving landscape of recruitment, traditional hiring practices are increasingly being recognized as outdated and ineffective. With global unemployment projected to reach 208 million, despite a vast pool of job seekers, it’s obvious that a new approach is needed. This is where skills-based hiring comes in.

Skills-based hiring, also known as a skills-first approach, focuses on evaluating candidates based on their skills, capabilities, and talents instead of their educational background or degree.

Traditional hiring protocols often rely on screening tools that prioritize keywords and educational qualifications, which can sometimes be misleading and discriminatory. Resumes may not accurately reflect a candidate’s abilities, leading to missed opportunities for talented individuals. Skills-based hiring, on the other hand, allows recruiters to assess candidates directly based on their relevant skills, fostering a more accurate and fair selection process.

Skills-based hiring is gaining traction for several reasons, including:

Efficiency: By focusing on specific required skills, employers can streamline the hiring process, reducing time and resources spent on evaluating candidates who may not have the necessary skills.

Accuracy: Skills-based hiring allows employers to target candidates who have the exact skills needed to perform the job effectively, increasing the likelihood of finding candidates who can hit the ground running and contribute to the company’s success from day one.

Diversity and Inclusion: Skills-based hiring can help mitigate bias in the hiring process by focusing on objective criteria rather than subjective factors like pedigree or personal connections. This can lead to a more diverse workforce, as candidates from various backgrounds have an equal opportunity to demonstrate their skills.

Future-Proofing: In a rapidly evolving job market, skills-based hiring enables employers to identify candidates with transferable skills that can be applied to new roles or technologies as they emerge. This helps future-proof the workforce and ensures that employees remain relevant and valuable in the long term.

Overall, skills-based hiring aligns with the modern workplace’s demand for agility, efficiency, and diversity, making it an attractive approach for many employers.

If this is a strategy you’re interested in learning more about, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Recruiting for a Diverse Future

Establishing a diverse workforce isn’t only an ethical choice, but a good business decision, as research has consistently shown that diverse teams regularly outperform homogeneous workforces when it comes to problem-solving and decision-making.

While there are many perks to cultivating a diverse team, one main finding is that diversity of thought fosters creativity and innovation, as team members have the ability to use their individual experiences and backgrounds to approach complex problems from different angles, offering unique solutions and exciting new opportunities for success.
Another positive is that diverse hiring strategies broaden the talent pool.

When recruiters remove bias, it opens the door for highly talented and actively looking candidates from a variety of age, race, gender, ability and skill groups that could be a team’s missing piece. This not only enhances the quality of hires, but also promotes a more inclusive and equitable workplace culture which can boost a brand’s reputation and set them apart from competitors.

Last but not least, being intentional about diversity in hiring can improve employee engagement and retention, as employees may feel more valued and engaged when they see themselves represented in the workplace. When individuals feel that their presence and contributions are appreciated, it can lead to higher levels of job satisfaction and loyalty.

However, recruiting with diversity and equity in mind requires proactivity. For example:

Companies should establish clear diversity goals like improving diversity in leadership roles

Recruiters/hiring managers should participate in implicit bias training to mitigate any unconscious biases that could influence their decision-making

Companies should differentiate their efforts by attending career fairs targeted towards minority groups, advertising openings on platforms catering to diverse communities, and sharing their DEI commitment in job listings

These examples are just the beginning of a long list of strategies to diversify your workforce. I’d love to share additional ways to incorporate more inclusive and intentional hiring practices into your processes.

Please contact me at edgar@officiumdc.com or schedule a time to talk here.

The Rise of Clean Slate Laws in the U.S.

A glimmer of hope is emerging for individuals with backgrounds through the introduction of clean slate laws. With nearly 100 million individuals in the U.S. living with various forms of records, predominantly stemming from minor infractions like arrests and nonviolent misdemeanors, the need for reform is long overdue.

The two laws that are leading the way towards change are the Clean Slate Act of 2023 and the Fresh Start Act.

The Clean Slate Act aims to help individuals clear their federal records, and the Fresh Start Act proposes federal funding to bolster the implementation of state-level record clearance laws. These initiatives, though distinct in their approaches, share a common goal: to provide a second chance to those burdened by past transgressions.

Unlike traditional expungement processes, which often entail complex legal procedures and hefty fees, clean slate laws offer a streamlined pathway to record-clearing. By automating the clearance process based on predefined waiting periods and crime-free behavior, these laws aim to alleviate the burden on individuals seeking redemption.

As society and the modern workplace lean into inclusivity and fairness, clean slate laws represent hope for millions striving to rebuild their lives.

If you have any questions surrounding this topic, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Navigating the Political Minefield: Can Your Job Survive Your Beliefs?

In the age of social media activism, it’s easy to forget that publicizing our political beliefs can have serious consequences, particularly in the workplace.

Technically, there’s no federal law protecting employees from political discrimination. In fact, in most states, you can legally be terminated if your employer doesn’t agree with your political beliefs.

When it comes to your legal protections, it’s important to understand the difference between affiliation and action, and there’s a fine line between discriminating against someone for their political beliefs as opposed to their political actions. The former targets who you vote for, while the latter takes aim at what you do to support your cause, like attending rallies or posting on social media. Some states protect you on both fronts, and others may only cover one.

While it may be legal to be terminated for how you lean politically, it may not be the best move in workplaces hoping to foster a culture that promotes inclusivity and embraces diversity – integral characteristics of a healthy work environment.

As we head into an election year, it’s so important to lead with empathy and for employers to be transparent about any possible repercussions that may arise around political activities inside and outside of the workplace.

If you have questions about how to navigate political conflicts at work or would like assistance drafting employee policies surrounding this topic, please contact me at edgar@officiumdc.com or schedule a time to talk here.

New DC Laws on the Expansion of Minimum Wage and Pay Transparency

This year, the District of Columbia has introduced significant new laws concerning the local minimum wage and pay transparency. These changes signal a big step forward for fair compensation and equity for D.C. workers. As an employer, it’s important to ensure that you are aware of these updates and implement them properly into your business operations.

The Expansion of D.C.’s Minimum Wage

Signed on January 10th, the new amendment on minimum wage extends coverage of the previously established law to include individuals working two or more hours a week in the District of Columbia.

Prior to this change, the minimum wage law primarily covered workers who spend over 50% of their working time in D.C. and those based in the city. Now, even folks who spend limited time in the area will be entitled to these protections and benefits for the hours they have worked within the district.

This law does not include employees who work across multiple states in the same week, as employers are only required to pay employees the minimum wage in each specific state they are conducting their work in.

Another key update that will come into effect on July 1, 2024 is an hourly rate increase to $17.50 per hour (a 50 cent increase) for non-tipped employees and $10.00 per hour (a $2 increase) for tipped employees.

Pay Transparency Laws

Earlier this year, the Wage Transparency Omnibus Amendment Act was signed in D.C. law. The act mandates increased transparency in hiring practices and offers greater protections for employees.

Set to take effect on June 30, 2024, businesses with at least one employee in D.C. will be required to display pay ranges and prospective benefits information within their job postings.

The new regulation does leave room for interpretation, as it is not yet clear whether the act covers jobs outside of D.C., including remote positions; a caveat that I believe will soon be addressed along with other clarifications.

In a step toward promoting equity in hiring, the law also prohibits employers from requiring applicants to disclose their wage history to avoid decision making based on their past income.

Employers will be required to post a notice highlighting the act in their workplace to inform workers of their new protections.

If you have any questions about these changes or would like assistance in reviewing and updating your policies to ensure compliance, please contact me at edgar@officiumdc.com or schedule a time to talk here.