Workplace Law Update: 10 Essential Items on Your December To-Do List

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Fisher Phillips

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of the latest developments we tracked in November and a checklist of the essential items you should consider addressing in December and beyond.

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File your EEO-1 report. Time has just about run out for you to submit your workforce demographic data to the Equal Employment Opportunity Commission (EEOC) sorted by employee job category, sex, and race/ethnicity. If you are a private employer with at least 100 employees — or a federal contractor with at least 50 employees — you have until December 5 to get this done. Here’s a five-step plan with all you need to know.

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Review new benefit plan limits for 2024. Employees can contribute more pre-tax dollars next year to their retirement savings accounts, including 401(k) and 403(b) accounts, according to an IRS announcement made on November 1. Want to know more about the 2024 benefits limits for retirement and health savings plans? Click here for our detailed breakdown and six critical steps you should consider for the new year ahead.

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Get ready for holiday hiring. Many businesses will rely on temporary workers to meet the uptick in demand that holiday shopping brings – which makes it critical for you to understand and avoid the legal pitfalls associated with seasonal employment. Here are 10 practical tips to help you stay compliant as you prepare for the holiday rush.

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Create your survival guide for this year’s office holiday party. Speaking of the holidays, don’t let your office party lead to any human resources disasters or lawsuits. While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), it also provides valuable instruction on how to throw a proper office holiday party. Click here to learn more.

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Beware vendors bearing gifts. Here’s one more holiday compliance tip: consider developing a gifts and entertainment policy, which has essentially become a corporate necessity – especially this time of year. Here are the five things that should be addressed in your policy.

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Plan for the Labor Board’s additional burdens when you respond to union recognition demands. A game-changing NLRB decision drastically changed how employers can respond to union recognition demands, and the Board’s General Counsel issued a guidance memorandum on November 2 offering important insight into the Board’s priorities and future legal arguments. Here are the six key takeaways for your organization.

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Prepare for Ohio’s new recreational cannabis law. Ohio voters passed a statutory initiative on November 7 to legalize adult use (and purchase) of recreational marijuana in the state, becoming the 24th state to do so. Here’s what Ohio employers need to know about this new law and six things they should do to prepare.

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Adjust your NDA practices in New York. A new law that took effect on November 17 makes significant changes to New York’s law on nondisclosure agreements, which will require you to make immediate changes to your practices. There are four key changes you’ll need to know about, three of which will further restrict your use of NDA provisions in workplace settlement agreements.

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Ensure compliance with New Jersey’s upcoming minimum wage changes. Once again, New Jersey employers should start preparing for an increase in the state’s minimum wage that will take effect January 1, 2024. Here is a summary of the increases that will soon take effect, along with some compliance recommendations to prepare.

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Get ready for Chicago’s new paid leave requirements. The City of Chicago passed the new Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, and it will take effect on December 31. Here are the answers to your top five questions about the ordinance, which will be one of the most generous paid time off laws in the country.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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