News Briefs

Court: Tribal Nations Not Employers Under the New Mexico Human Rights Act

By Jessy Bonds posted 2 days ago
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The Court of Appeals of New Mexico was recently faced with the issue of whether a Tribal Nation is an employer pursuant to the New Mexico Human Rights Act (NMHRA). This decision has long been awaited by many because if Tribal Nations are employers, they would be subject to liability for NMHRA violations. The NMHRA is New ...
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State Legislature Amends the New Mexico Human Rights Act

By Edward Encinias posted 2 days ago
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New Mexico recently passed House Bill 302 , which amends the New Mexico Human Rights Act by redefining protected classes to be more inclusive and representative of the population. HB 302 also added new protected classes for members of the armed forces. Employers with a presence in New Mexico should be aware of these changes ...
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Economic Perspective May 2024

By Cory Martin posted 3 days ago
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers ...
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Utah Lawmakers Update Permitted Working Hours and Occupations for Minors

By Brandon Garrett posted 9 days ago
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During its recently completed legislative session, the Utah Legislature passed amendments to some of the state’s laws governing the employment of minors. Specifically, Senate Bill 248 amended permitted hours of work and modified permitted occupations for minors. Under the new law, a minor under 16 years old is not permitted ...
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OFCCP Portal for Affirmative Action Plan Certification Open Through July 1, 2024

By Leslie Sullivan posted 9 days ago
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The Office of Federal Contract Compliance Programs' (OFCCP) portal for Affirmative Action Plan (AAP) certification opened on April 1, 2024, and will remain open only until July 1, 2024. The OFCCP, a division of the Department of Labor (DOL), is responsible for ensuring compliance with Executive Order 11246 on the part of ...
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Federal Trade Commission Final Rule Bans Employee Non-Compete Agreements

By John Zubek posted 9 days ago
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On April 23, 2024, the Federal Trade Commission (FTC) approved and issued its final rule banning employers from entering into new non-compete agreements with employees and voiding many existing non-compete agreements. The FTC defines a non-compete clause as a term or condition of employment that prohibits a worker from, penalizes ...
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New DOL Rule Raises Minimum Salary Threshold for Employee Overtime Exemption

By Maggie Roddy posted 10 days ago
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On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule increasing the minimum salary threshold required for employees to be exempt from federal overtime rules. Beginning July 1, 2024, the minimum salary threshold will increase to $43,888, followed by a second increase to $58,656 on January 1, 2025. After ...
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Supreme Court Rules ‘Significant Harm’ Not Necessary to Prove Job-Transfer Discrimination

By Dean Harris posted 16 days ago
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On April 17, 2024, in the case of Muldrow v. City of St. Louis, Missouri , the United States Supreme Court unanimously held that an employee asserting a discriminatory transfer does not need to show that the transfer resulted in significant, serious, substantial, or any heightened level of harm to prove discrimination. ...
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EEO Reporting Opens on April 30, 2024

By Community Manager posted 25 days ago
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The 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024. The Equal Employment Opportunity Commission (EEOC) collects workforce data from employers with more than 100 employees on its EEO-1 Component 1 report. It is a ...
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California Supreme Court Clarifies Compensability of Employer Security Inspections and Meal Break Restrictions under California Law

By Jaimie Graczyk posted 27 days ago
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On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors . The decision provides guidance on three specific issues related to the scope of the term “hours worked” under California Wage Order No. 16, which governs wages, hours, and working conditions in the construction, drilling, ...
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City of Phoenix Passes Worker Heat Protection Ordinance for City Contractors

By John Zubek posted 30 days ago
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Ready or not, the Arizona summer heat will be here before we know it. And this year, along with the high temperatures comes a new ordinance intended to protect certain workers from heat-related illnesses. On March 26, 2024, the Phoenix City Council unanimously approved the ordinance, which will take effect ...
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When ‘Reasonably Necessary,’ Non-Employees May Accompany OSHA Officials During Inspections

By Jennifer Vold posted 30 days ago
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During a workplace safety inspection conducted by the Occupational Safety and Health Administration (OSHA), both the employer and employees may have representatives participate in the process. Historically, that included an employee representative (often affiliated with the union) and employer representatives, such as operations ...
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Los Angeles County’s New Fair Chance Ordinance Provides Expanded Protections to Applicants and Employees

By Mary Miller posted 04-04-2024
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Los Angeles County recently adopted a new ordinance that imposes strict obligations for companies using criminal background checks in the hiring process. The ordinance applies to employers located or doing business in the unincorporated areas of California’s most populous county that employ five or more employees, including ...
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CDC Updates Guidance on COVID-19 Again: What Employers Should Consider

By Kirsten Ellis posted 03-29-2024
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On March 1, 2024, the Centers for Disease Control and Prevention (CDC) released new isolation guidance regarding COVID-19. The CDC has created a “unified approach” to responding to respiratory illnesses and recommends treating all respiratory illnesses the same. The CDC has removed the five-day isolation guidance for those ...
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Economic Perspective April 2024

By Cory Martin posted 03-28-2024
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers ...
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NLRB Secures $286,000 Settlement to Compensate Employees for Lost Bargaining Opportunity

By Drew Hintze posted 03-27-2024
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NLRB General Counsel Jennifer Abruzzo is steadfast in her pursuit to expand boundaries and impose rigorous penalties on companies that delay bargaining processes. Earlier this March, a National Labor Relations Board (NLRB) regional office in Pittsburgh finalized a settlement securing $286,000 for employees who were deprived ...
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Employer Penalized for Ceasing to Recognize Union After Decertification Vote

By Drew Hintze posted 03-27-2024
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Employers have an obligation to maintain recognition of a union until decertification results are formally certified. Earlier this month, the National Labor Relations Board (NLRB) found Midwest Division-RMC LLC (d/b/a Research Medical Center), an organization that operates hospitals in the Kansas City area, unlawfully failed ...
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Supreme Court Considers Case that Could Change Workplace Discrimination Standard of Harm

By Dean Harris posted 03-22-2024
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Late last year, the U.S. Supreme Court heard oral arguments in a case that could change the law on what impact on the employee an employer’s decision must make to prove workplace discrimination. Many expect the Supreme Court to issue a decision in Muldrow v. City of St. Louis, Missouri this spring or early summer. Jatonya ...
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Case Serves as a Reminder of Employees’ Union Activity Protections

By Monica Blackwood posted 03-21-2024
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Under the protections of the National Labor Relations Act (NLRA), employees have the right to engage in union activities, including organizing and participating in collective bargaining. It is unlawful, and an unfair labor practice (ULP), for an employer to interfere with, restrain, or coerce employees in the exercise of these ...
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How Does SECURE 2.0 Affect Your Organization’s Retirement Plan?

By Laurie Enke posted 03-14-2024
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SECURE Act 2.0, passed by Congress in December 2022, includes mandatory and optional changes to qualified retirement plans. SECURE is an acronym for Setting Every Community Up for Retirement Enhancement, and it builds upon SECURE 1.0, passed in 2019. As explained in this previous Employers Council article , the goal of the ...
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