News from Ollis/Akers/Arney Human Resources Consulting

Supreme Court Cases That Could

Impact Employers in 2023

During its 2022-2023 term, the U.S. Supreme Court will hear and decide several cases that could have a significant influence on the workplace. Even though labor and employment laws and regulations change every year, the current Supreme Court term will likely have a greater impact on employers than previous terms. It can be difficult for employers to stay informed of these cases and their potential impacts on the workplace; however, it’s vital that employers are aware of them and understand how their organizations may be affected.

Topics in Supreme Court cases that may impact workplaces in 2023 include:

Overtime Exemptions
Religious Accommodations
Affirmative Action
National Labor Relations Act

These cases’ rulings could have major impacts on employers, altering established labor and employment laws and workplace practices. Being aware of these cases and their potential effects on workplaces can help employers prepare and feel confident in their abilities to navigate any changes.

Read the details HERE

5 Potential Pitfalls Surrounding Sabbaticals

Employers are increasingly offering periods of leave as a benefit for employees to combat burnout and retain high-quality workers. Employees are also asking for leave more frequently. Supporting these trends, on January 17, 2023, AbsenceSoft released its “2023 Employee Leave of Absence Forecast Survey” of 600 corporate and human resource leaders to learn about the current state and future of leave management at their organizations.

More than a quarter of the survey respondents reported that they expected employee leave requests to increase by 41–60 percent in 2023, including for reasons related to burnout and mental wellness. Additionally, 23 percent of respondents indicated they had added or were considering the addition of company-sanctioned sabbaticals.

In the fight for talent, it is unsurprising that many employers are considering sabbatical leave as a benefit to promote employee well-being. However, there is not a one-size-fits-all approach to these types of leave and they are not without potential legal consequences. A carefully crafted sabbatical benefit policy can provide an attractive hiring and retention benefit while avoiding these risks.

While a sabbatical benefit can provide an attractive advantage for an employer in the ongoing battle for top talent, it does not come without potential legal pitfalls, some of which are mentioned below:

Effects on Requests for Leave as an Accommodation to a Disability
State or Other Local Family and Medical Leave Substitution Rights
Financial Incentives to Return to Work
Effects of Limiting Benefits to Certain Employees
Continuation of Benefits During Leave Periods

Read the Ogletree Deakins article HERE

Offboarding: Transferring Knowledge

With so many offboarding tasks to be completed, organizations often fail to devote sufficient time to knowledge transfer, risking the loss of critical information that can have lasting repercussions. Formalizing the knowledge transfer process can help organizations gather all relevant skills, information and experience and transfer them to others when an employee departs.

This checklist outlines the steps for transferring knowledge of departing employees. Get Your Copy HERE

Embracing Change - Life Transitions

In the workplace, the majority of workplace change fails due to how it is implemented, not the actual change itself. As leaders we must engage our teams in dialogue and involve them in solutions. Most of us have probably experienced change where it was announced, we were told what we would do, and then set off on our merry way. While the practical need may be accomplished, rarely will this approach be successful when it comes to building trust or engaging others.

Read more HERE

Insights From the Proposed Paid Family Leave Program

Today in the United States, workers are not guaranteed paid leave by federal law, and many aren’t entitled to unpaid time. To address this issue, President Joe Biden released a budget plan earlier this year, allocating $325 billion to a permanent paid family and medical leave program.

As part of the Biden administration’s $6.8 trillion budget plan for the fiscal year 2024, there is a $325 billion commitment to a comprehensive, permanent paid family and medical leave program. The proposed program would ensure workers access to paid leave to:

Bond with a new child
Care for a seriously ill loved one
Deal with a loved one’s military deployment
Heal from their own serious illness
Grieve the death of a loved one
Seek safety and recover from domestic violence, dating violence, sexual assault or stalking

Regardless of the final budget resolution, more employers may be subject to paid leave laws in their states or may be exploring ways to offer their own paid leave policies.

Continue reading HERE

Resolution Signed Ending COVID-19 Emergency

On April 10, 2023, President Biden signed a resolution ending the COVID-19 national emergency that had been in place since 2020. The administration had previously announced a May 11, 2023, end date to both the national emergency and the public health emergency (PHE), but the signing of the bipartisan legislation terminates the national emergency as of April 10, 2023. The PHE is still scheduled to end May 11, 2023.

Various employee benefit plan deadlines had been extended by disregarding an“outbreak period” from March 1, 2020, until 60 days after the announced end of the national emergency. Once the outbreak period ends, health plans can return to their nonextended deadlines. Key deadlines extended during the outbreak period include:

HIPAA time frames
COBRA time frames
Claims procedure time frames
External review process time frames

Additional resources on the ending of the COVID-19 emergency periods are available on the Department of Labor’s Response to COVID-19 website.