Employment News, Updates, and Insights from ES Law
 

ES Law Delivers Employment News Straight To Your Inbox

The end of the year comes so fast! In this issue of ES Law’s Employment News, Updates, and Insights, our attorneys review tips and best practices for happy (and low-risk) company holiday parties. We then look to the New Year for issues employers should consider in their policy updates and handbook reviews. Plus, ‘tis the season for employee performance reviews, which we cover from a risk management perspective for your information.

News
 
 

Risk Management for Performance Evaluations


Performance evaluations are essential for companies and their employees, but legal risks can arise. To minimize these risks, employers should implement best practices such as selecting an unbiased evaluator, evaluating all employees in the same job classification on the same time cycle, using objective criteria, maintaining a professional tone in the wording of evaluations, including self-assessments by employees, being transparent about the review procedures, and conducting audits to ensure fairness.


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Department of Labor Proposed Changes to Exempt Salary Status Threshold


On August 30, 2023, the United States Department of Labor (the “DOL”) announced a notice of proposed rulemaking to increase the minimum salary requirements for executive, administrative, and professional workers from the minimum wage and overtime pay requirements under the Fair Labor Standards Act (the “FLSA”).

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New EEOC Proposed Guidance On Workplace Harassment


New EEOC Proposed Guidance outlines fundamental elements of harassment in the workplace and provides clarification via hypothetical scenarios. It also incorporates recent changes in case law and topical social issues.


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Risk Avoidance and Risk Reduction for Employee Claims


Managing risks is a vital aspect of running a successful business. To minimize risks, a well-crafted risk management plan should be created. The first step is identifying potential risks, followed by assessing their likelihood and potential consequences. Risk management can be divided into risk avoidance and risk reduction. Feasible risk management techniques should be identified and clear policies and procedures established to enforce them. Regular monitoring and adjustment of these policies and procedures is also essential.


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Holiday Tips For Employers


The end of the year brings various obligations for employers and also opportunities to spread holiday cheer to employees, whether through end-of-year bonuses, holiday time off from work, or, as discussed here, employer-hosted holiday parties. The following tips are offered to help avoid troublesome situations that could give rise to a claim.


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Coming Up Next

In our next quarterly newsletter, we will preview major employment issues upcoming in the federal courts and agencies, as well as prospective state legislation. Keep an eye out in your inbox for the updates!
 

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