Navigating the Evolving HR Landscape: Key Legal Updates Every Employer Should Know

In today’s ever-evolving HR landscape, staying informed is key, and Hubric Resources is here to help!  Here are the top four legal issues every employer should have on their radar right now:  

Fair Labor Standards Act (FLSA)  

Effective July 1, 2024, the minimum salary threshold for exempt employees will increase from $35,568 to $43,888. Six months later, on January 1, 2025, the salary threshold will increase again to $58,656. Employees who are paid the required minimum salary are exempt from the FLSA’s overtime requirements if they also satisfy the “duties test” for one of the “white-collar” exemptions, which include executive, administrative, and professional roles.  

The final rule also changes the salary threshold for highly compensated workers will increase from $107,432 to $132,964 starting on July 1, 2024, and to $151,164 starting on January 1, 2025.  Salary thresholds will be updated every three years starting on July 1, 2027.  For more information visit the Department of Labor’s website at: https://www.dol.gov/agencies/whd/overtime/rulemaking  

Non-Compete Agreements  
Under the final rule, existing non-compete agreements for senior executives(workers earning more than $151,164 annually and who are in policy-making positions) can remain in effect. However, employers are prohibited from establishing or enforcing new non-compete agreements with senior executives.  

The final rule will become effective 120 days after publication in the Federal Register.  At that point, employers will need to inform employees bound by an existing non-compete agreement that the non-compete agreement will not be enforced against them in the future.  For more information visit the Federal Trade Commission’s website at: https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes  

EEOC’s Enforcement Guidance on Harassment in the Workplace  

This new guidance, which is now in effect, serves as the standard for how the EEOC will interpret and enforce laws relating to discrimination in the workplace. This guidance should be used as a road map by employers to navigate harassment issues in the workplace. Employers should also consider reviewing their policies, practices, trainings, and employee handbooks to ensure compliance. A few things new guidelines define related to sex-based harassment include:  

1. Insulting remarks regarding sexual orientation or gender identity.

2. Physical assault due to sexual orientation or gender identity.

3. Forced“ outing” of an individual (the disclosure of an individual’s sexual orientation or gender identity without permission).

4. Harassing conduct because an individual does not present in a manner that would stereotypically be associated with that person’s sex.

5. Misgendering(repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity.

6. Denying access to sex-segregated facilities consistent with the individual’s gender identity, such as bathrooms and locker rooms.  

The guidance also provides multiple examples of unlawful harassment based on sexual orientation and gender identity.  For more information visit the EEOC’s website at: https://www.eeoc.gov/newsroom/eeoc-releases-workplace-guidance-prevent-harassment  

Pregnant Workers Fairness Act (PWFA)  

The PWFA, which was effective June 27, 2023, requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.  

The final rule was published in the Federal Register on April 19, 2024, and becomes effective June 19, 2024.  The final rule, including interpretative guidance, provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples.  For more information, visit the EEOC’s website at: https://www.eeoc.gov/newsroom/eeoc-issues-final-regulation-pregnant-workers-fairness-act  

We understand that staying updated on legal issues and guidelines can be overwhelming, but Hubric Resources is here to help navigate these updates with ease. Our team of experienced HR Consultants are ready to assist you in understanding and implementing these changes effectively.  

Don’t hesitate to reach out to us at info@hubricresources.com or at 610-670-7878 for personalized support tailored to your organization’s needs.  

Let’s navigate these updates together and ensure your business remains compliant and successful!