News from Ollis/Akers/Arney Human Resources Consulting

Two More States Legalize Recreational Marijuana

On Nov. 8, 2022, citizens in several states voted on legalizing marijuana. Voters in Maryland and Missouri approved measures that legalize recreational marijuana for adults ages 21 and older, and voters in Arkansas, North Dakota and South Dakota rejected similar measures.

In addition to legalizing marijuana for recreational use, Missouri’s new marijuana law adds employment protections for employees or applicants who are authorized to use marijuana for medical purposes under the state’s existing medical marijuana law.

Maryland and Missouri’s new laws bring the total number of states with legalized recreational marijuana to 22, plus the District of Columbia. Another 21 states allow medical marijuana use only (as opposed to both medical and recreational marijuana use).

Employers may still ban marijuana from their workplaces and prohibit employees from working under the influence of marijuana. However, depending on the applicable state law, employers may not be able to take adverse employment action against employees solely based on a positive drug test.

Employers in Maryland and Missouri should become familiar with applicable new marijuana laws and review their existing drug testing policies and procedures to ensure compliance. These employers may also need to review other applicable laws relating to workplace drug testing, discrimination and similar employment issues.

The article provided in the link below provides an overview of the Legalization Initiatives.

Read the Article HERE

See the Chart HERE

Employee Benefit Plan

Limits for 2023

Many employee benefits are subject to annual dollar limits that are adjusted for inflation by the IRS each year. The following commonly offered employee benefits are subject to these limits:

High deductible health plans (HDHPs) and health savings accounts (HSAs);
Health flexible spending accounts (FSAs);
401(k) plans; and
Transportation fringe benefit plans.

The IRS typically announces the dollar limits that will apply for the next calendar year well before the beginning of that year. This gives employers time to update their plan designs and make sure their plan administration is consistent with the new limits.

This Compliance Overview includes a chart of the inflation-adjusted limits for 2023. Due to high rates of inflation, all of these limits will substantially increase for 2023. Note that there are some benefit limits that are not indexed for inflation, such as the dependent care FSA limit and the catch-up contribution limit for HSAs.

Today's Top Compensation Trends

Organizations are facing evolving talent challenges throughout the Great Reshuffle—where workers have been leaving one job for another that better meets their desires—and the Great Reconsideration—a state where workers are reconsidering and changing their work experiences. The COVID-19 pandemic has given workers time to reflect on their jobs and consider opportunities with a fresh perspective. On top of that, both employers and employees likely feel the financial strain of record-high inflation. As many are evaluating or stressing about finances, compensation is likely top of mind. In fact, the U.S. Social Security Administration recently announced that Social Security beneficiaries can expect an 8.7% increase in benefits next year. This increase surpasses the 5.9% cost-of-living adjustment in 2022, which, at the time, was the highest in four decades. The pandemic’s lingering effects still impact today’s workplaces, and record-high inflation further complicates the situation.

When employees feel adequately compensated for their job, they may be more motivated to come to work. Proper compensation demonstrates to employees that the organization values them as workers and humans. This article explores today’s top compensation trends and how employers can best compete in the labor market looking ahead to 2023.

Read More Here

Protecting the Crown:

Hairstyle Discrimination

Continuing to gain momentum, as of October 2022, CROWN Act legislation has been passed in 18 states since its inception in 2019. The CROWN Act, an acronym that stands for "Creating a Respectful and Open World for Natural Hair" prohibits discrimination based on hair textures or hairstyles commonly associated with a particular race or national origin.

Galvanized by highly publicized incidents where athletes were banned from participating in sports unless they covered or cut their locs and the story of an Alabama woman whose job offer was rescinded after she refused to cut off her locs, in 2019, Dove and a coalition of organizations collaborated with a then-California state senator to create the CROWN Act. The Act addresses race-based hairstyle discrimination in both the workplace and public schools.

At the federal level, CROWN Act legislation is pending approval in the U.S. Senate. The House of Representatives passed the legislation on March 18, 2022. Missouri has municipalities that passed a version (Kansas City in 2020 and St. Louis in 2021).

Article Can Be Found HERE

Preventing Workplace Harassment:

EEOC's Promising Practices for Employers

Harassment is a form of employment discrimination that may violate federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. These laws are enforced by the Equal Employment Opportunity Commission (EEOC).

Following several high-profile new reports of workplace harassment in 2017, the EEOC issued a list of best practices for employers to use in their workplaces to prevent harassment. This list was based on earlier work by the EEOC’s Select Task Force on preventing workplace harassment.

The EEOC’s document did not create any new legal requirements, but is intended to enhance employers’ compliance efforts. According to the EEOC, five core principles have generally proven effective in preventing and addressing harassment. These principles are listed below:

Leadership - Demonstrate a commitment to creating and maintaining a workplace culture that does not tolerate harassment.
Accountability - Encourage reporting and impose prompt, consistent and proportional discipline for harassment.
Written Policies - Have a strong, comprehensive and easy-to-understand written harassment policy that is accessible to all employees.
Complaint Systems - Establish trusted and accessible complaint procedures and ensure that all employees know about them.
Training - Provide regular, interactive training tailored to the specific audience and workplace.

This Compliance Overview provides a summary of the EEOC’s “promising practices” document.

Read the Overview HERE

Get the HR Checklist HERE

Checklist for Year-End

HR Activities

The end of the year is usually an extremely busy time for HR professionals. There’s a lot they must do in a relatively short time period to close out the year and prepare for the upcoming one. A smooth and effective year-end process can help ensure HR professionals comply with relevant laws and regulations and that necessary tasks are completed in an orderly manner. This checklist can assist HR professionals like you in developing and maintaining an effective year-end process and outlines key activities to consider completing before the end of the year.

This checklist is intended to be used as a guide, and the steps in this list should be modified to meet the unique needs of your organization. Due to the complexities and legal requirements of some of these activities, employers are encouraged to seek legal counsel to address specific issues and concerns.

For help with implementing a rock-solid HR checklist for your organization, contact us today.

Don't Forget to Order the Updated

Know Your Rights' Posters

The U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. The EEOC’s web page for the poster provides information about where to post it. The poster also includes a QR code for applicants or employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC.

A number of the laws that the EEOC enforces require covered employers to post a notice describing the Federal laws prohibiting job discrimination. The poster summarizes these laws and explains that employees or applicants can file a charge if they believe that they have experienced discrimination.

The new “Know Your Rights” poster includes these changes:

Uses straightforward language and formatting;
Notes that harassment is a prohibited form of discrimination;
Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
Adds a QR code for fast digital access to the how to file a charge webpage;
Provides information about equal pay discrimination for federal contractors.

The posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance.

The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.

Read Complete EEOC Update HERE

Know Your Rights FAQ's

2023 Handbook Revisions

The end of the year is an ideal time to review your current handbook to ensure it is up to date with the most recent employment law policies and best practices. We have several recommendations for 2023.

With the recent legalization of recreational marijuana in Missouri, we strongly recommend updating your Substance Abuse Policy to set expectations regarding its acceptable and unacceptable use along with reinforcing any non-discrimination language concerning medical marijuana use.