Quarterly HR Update – March 2024
In like a lion, out like a lamb…that is a common descriptor for the month of March. At times it may feel like the entire month (or year!) is like a lion, with so many things to juggle as an employer. We know legal changes and updates are part of that juggling act and we are committed to continue helping you with that responsibility.
We welcome you to read on to learn more about what we will face as we head into spring…and fingers crossed we get to see that lamb soon!
Please reach out with any questions.
Please note this is a summary of upcoming changes and not an all-inclusive overview.
HRT News
Please welcome Aleigh Smith!
Aleigh is the newest member of our team, bringing over 10 years of experience in Consulting, Healthcare, and Business Operations to her role. Before joining HRT, she managed a portfolio of Private Equity Firms, connecting them with and recruiting subject matter experts, to ensure they had the insights needed to shape their business strategies. Aleigh is enthusiastic about collaborating with clients and business leaders to enhance their HR programs, focusing on employee relations, training & development, and employee engagement & wellbeing. She earned a BA in Business from California Polytechnic State University.
Legal Updates & Info
Under Federal Law…
OSHA Posting: For employers required to do so, the deadlines for internal OSHA posting and online submission were required back in February and March, respectively. A friendly reminder that internal OSHA postings can be removed from company bulletin boards as of May 1, 2024, and filed internally.
EEO-1 Reporting: You may be asking – didn’t we just write about this!? Yes, back in September 2023, we informed employers the reporting deadline for 2022 EEO-1 data was December 5, 2023. The deadline was set by the Equal Employment Opportunity Commission (EEOC) following a delay.
For 2023 EEO-1 data, the reporting window was recently announced by the EEOC – it will open on April 30, 2024 and close on June 4, 2024. Required employers (private employers with at least 100 employees or federal contractors with at least 50 employees) must submit required data by the deadline. The required data for 2023 includes ONLY Component 1 workforce demographic data only – job category, sex, and race/ethnicity. The Component 2 data (related to pay information that was previously required for some employers back in 2018 and 2019) is NOT required for 2023. There is a chance Component 2 data may be required again in future years and if so, we will keep you posted.
Visit the EEOC’s reporting site for up-to-date instructions and upload specifications.
Independent Contractor Rules: If you have independent contractors working with your company, be sure to check out our February article which outlined the new requirements. Reach out to HRT if you have questions or need help.
Updated FCRA Summary of Consumer Rights: Back on our June Update we shared the updated Summary of Consumer Rights from the Fair Credit Reporting Act (FCRA), noting a deadline of March 20, 2024 to begin using the document. It’s March!
NLRB Ruling & Dress Codes: As we’ve reported previously, rulings from the NLRB apply to both unionized and non-unionized companies. A recent NLRB ruling confirmed employees at a national retailer are allowed to wear uniforms with “Black Lives Matter” written on them. As explained by a Fisher Phillips article discussing the case in more detail, “Dating back to at least 2008, the NLRB has emphasized that political and social messaging can be protected conduct when there is a nexus between the messaging and employees’ terms and conditions of employment.” The article notes that concept is not new; however, what this decision has done, is likely expanded what the “nexus” can be.
As a result, employers are encouraged to review and revise their dress code policies in light of this decision. If you’d like HRT’s support, please reach out.
Under Washington Law…
Wildfire Smoke Rules: Particularly in the last few years, wildfires (and the impacts of wildfire smoke) have significantly impacted California and the Pacific Northwest. Back in 2022, the Washington Department of Labor & Industries (L&I) adopted emergency rules to implement protections for employees who may be exposed to wildfire smoke hazards. In December 2023, L&I adopted final, permanent rules (which are largely based on the 2022 rules) related to smoke hazards and an employer’s obligation to provide a hazard-free workplace to employees. The final rules are outlined in WAC 296-820-805 through 296-820-860 and are technically effective as of January 15, 2024.
As we move into the spring and summer months when wildfire smoke may be a threat, it’s now time for Washington employers who have worksites that are outside (or unenclosed workspaces, such as construction sites) to do the following per these new rules:
- Implement a Wildfire Smoke Response Plan (WSRP) (this can be an addendum to your Safety Plan)
- Provide Employee Training about the WSRP
- Monitor Air Quality
Each employer’s WSRP and associated training must be tailored to their workplace and include specific sections/requirements. L&I has created a new section of their website to support employers with establishing their plans and providing employee training, also noting “Materials for the permanent wildfire smoke rule are currently in final development and will be available in early 2024.” While we haven’t seen a sample plan posted yet, we believe there will be soon.
City-Specific Minimum Wage Changes: A few cities in Washington have announced minimum wage changes for 2024. Here’s what we know:
- City of Renton, WA: As announced by the City Clerk 2024 Labor Standards posting on the City of Renton’s website, effective July 1, 2024, the minimum wage for employees working in Renton will be as follows, depending on the size of the employer. For large employers (i.e. more than 500 employees worldwide and certain franchises), minimum wage is $20.29 per hour. For mid-size employers (at least 15 but no more than 500 employees worldwide or over $2 million of annual gross revenue in Renton), minimum wage is $18.29 per hour.
- City of Tukwila, WA: Tukwila has enacted city-specific minimum wage laws as well, and their definitions for large and mid-size employer are the same as those defined above for the City of Renton (fun fact – Renton borrowed the definitions from Tukwila!). As such, the current minimum wage rate for large employers in Tukwila is $20.29 per hour (effective January 1, 2024). For mid-size employers, the current minimum wage is $18.29 per hour (effective January 1, 2024) and the upcoming minimum wage is $19.29 per hour (effective July 1, 2024).
- City of Bellingham, WA: For all employers, regardless of size, the City of Bellingham is increasing their minimum wage effective May 1, 2024 to be $1.00 more than Washington State’s minimum wage: $17.28 per hour. Employers in Bellingham can expect the minimum wage to increase a year later, on May 1, 2025, to be $2.00 more than Washington State’s minimum wage. According to the municipal code, following the May 2025 increase, the minimum wage will be adjusted to $2.00 more than Washington State’s minimum wage, effective January 1st of each year.
Under California Law…
Violence Prevention Safety Requirements: In our December Update we mentioned California enacted SB 553 which outlines workplace violence prevention requirements for virtually all California employers, effective July 1, 2024. If you haven’t yet, now is a good time to get started on the “workplace violence prevention plan” section of your Injury and Illness Prevention Plan.
As we’ve learned more about this new law, we’d like to share the following:
- Sample Plan: Yahoo! California has provided a sample plan for employers to customize for their use.
- Employee Involvement: As mentioned in the Sample Plan, there is an “employee-involvement” requirement in the development of the plan. I.e. “Management will work with and allow employees and authorized employee representatives to participate in identifying, evaluating, and determining corrective measures to prevent workplace violence; designing and implementing training; and reporting and investigating workplace violence incidents.”
- Training: Employers are required to train their employees regarding the established plan – initially when the plan is established (i.e. by July 1, 2024) and annually thereafter. There must be an interactive component to the training where employees are able to ask questions.
- Remote Employees: As stated in SB 553 regarding employers, employees, and places of employment that are exempt, the following is included: “Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.”
For additional information regarding workplace violence prevention in California, check out this Fact Sheet. If you need support or have questions regarding these requirements, please reach out to HRT!
Under Oregon Law…
While we thought Oregon was giving us a little break this quarter, late breaking news at the time of this posting tells us Governor Kotek signed a bill Friday (3/22/2024) addressing Oregon’s various leave laws. We will be putting together a separate article later this week with more information.
HRT Northwest: Your HRT Northwest Team
Seattle: (253) 642-7372 | info@hrtnorthwest.com
This Update is not a full overview of all recent or upcoming legal changes. HRT Northwest is staffed by professionals in the field of Human Resources and business management. We are glad to help with your HR needs; however, we do not offer legal advice and our services are not a substitute for the help of a qualified attorney.