2023 Employment Law Changes Important in 2024

2023年，就业法领域发生了重大变化, 影响组织如何在管理工作场所的复杂法规网络中导航. The U.S. 最高法院在2023年发布了几项重要的裁决, 这些和其他裁决可能会对雇主产生重大影响, 改变既定的劳动雇佣法和工作场所惯例.

As 2024 begins, 对于雇主来说，精通劳动法的变化以确保合规和降低法律风险是至关重要的. 本文重点介绍了2023年发生的重要就业法变化, 为雇主提供应对不断变化的环境所需的知识.

Religious Accommodations Standard

On June 29, 2023, in Groff v. DeJoy, the Supreme Court ruled that Title VII of the Civil Rights Act (Title VII) requires employers to meet a heightened standard for undue hardship when denying employees’ requests for religious accommodations, making it more difficult to deny such requests. Title VII prohibits employers with 15 or more employees from discriminating against employees and job applicants on the basis of race, color, religion, national origin or sex. It also requires employers to provide reasonable accommodations for an individual’s religious observance or practice unless an employer is “unable” to do so “without undue hardship” on the conduct of its business. Previously, the undue hardship standard for denying religious accommodations only required an employer to show that any accommodation under Title VII would cause the employer to bear “more than a de minimis cost.“最高法院2023年的决定改变了不适当的困难标准, holding that if an employer denies religious accommodations, it must show that the burden of granting an accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”

受第七章约束的雇主应该熟悉这个新标准. They may also need to review their employment policies and practices to ensure they can meet the heightened undue hardship standard outlined in Groff 拒绝雇员或申请人的宗教住宿要求.

Form I-9

Since Nov. 1, 2023, 雇主必须使用最新版本的雇佣资格核实表格(Form I-9) provided by the U.S. 国土安全部公民及移民服务局. 继续使用过时的I-9表格的雇主将受到处罚.

新的I-9表格包含了更新的说明和许多值得注意的变化，包括:

• Sections 1 and 2 have been reduced to a single sheet.
• The preparer/translator certification area has been moved to a standalone supplement (Supplement A) that employers can use as necessary for initial verification or recertification.
• Section 3 (Reverification and Rehire sections) has been moved to a standalone supplement (Supplement B) that employers can use as necessary.
• 可接受的单据清单现在包括了一些可接受的收据, 有关就业授权文件自动延期的指导和信息链接.

Among other changes, the new Form I-9 includes alternative remote verification procedures employers enrolled in E-Verify can use to comply with their Form I-9 obligations.

Complying with Form I-9 requirements can be challenging, 但如果不这样做，可能会导致高昂的罚款和处罚. The Form I-9 revisions provide employers with the opportunity to review their current training and policies regarding the Form I-9 and E-Verify processes. 

 Affirmative Action 

最高法院驳回了北卡罗来纳大学和哈佛大学的平权行动计划, 这可能会终结大学录取中对种族的系统性考虑. In a 6-3 vote in Students for Fair Admissions Inc. v. University of North Carolina and a 6-2 vote in Students for Fair Admission Inc. v. President & Fellows of Harvard College, 最高法院裁定，这两所大学的平权行动计划违反了美国宪法的平等保护条款.S. Constitution. 这些判决有效地推翻了法院2003年的判决 Grutter v. Bollinger, which allowed universities to consider race, among other factors, 因为多元化教育是一个合理的目标. 

最高法院在这些案件中的裁决可能不会直接影响雇主. However, they could impact workplace diversity, equity, inclusion and belonging initiatives, 包括组织在未来推动和实施这些举措的方式, as well as employers’ affirmative action programs.

Proposed Overtime Rule

On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced 一项修改现行行政规定的拟议规则, administrative and professional employees (EAPs) must satisfy to be exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements. 修订FLSA白领豁免的拟议规则于9月11日在《美高美集团4688》上公布. 8, 2023, and the comment period closed on Nov. 7, 2023. 这项拟议的加班规则预计将在2024年上半年最终确定.

Under the FLSA, covered employers must pay employees at least the federal minimum wage for all hours worked and overtime pay—at a rate of 1.5倍于正常工资——每周工作超过40小时. 但是，《梅高美集团4858》规定了几项免除最低工资和加班费的规定. The most common are “white-collar” exemptions. These exemptions mainly apply to EAPs but include outside sales personnel and certain computer and highly compensated employees (HCEs). To qualify for a white-collar exemption, employees must satisfy three tests: the salary basis test, the salary level test and the duties test. 拟议的加班规则不影响白领FLSA豁免的关税测试. However, 劳工部建议将标准工资水平从684美元提高到1美元,059 per week ($35,568 to $55,068 per year) for EAPs and from $107,432 to $143,988 per year for HCEs. The rule would also enable the DOL to update salary levels automatically every three years without having to rely on the rulemaking process. If the rule is finalized and implemented, FLSA加班保护将延长到大约3小时.全国新增600万工人，工资门槛提高近55%.

虽然该机构的新加班规定目前没有对雇主施加任何新要求, 这可能会显著影响组织的运营和合规成本，并增加其诉讼风险. Therefore, employers should become familiar with the proposed overtime rule and evaluate what changes they may need to adopt if the rule is implemented as proposed. 

Joint-employer Rule

On Oct. 26, 2023, the National Labor Relations Board (NLRB) announced 制定确定共同雇主地位的新标准的最终规则. 当两个或两个以上的雇主共同招聘人员时，就会出现联合雇佣的情况, supervision and management practices. When a joint employment status exists, 共同雇主对遵守适用的法律法规负有同等责任.

To determine whether a joint-employer relationship exists, 雇主必须评估他们对“基本雇佣条款和条件”的控制程度.“基本雇佣条款和条件包括工资, benefits, hours of work and employee hirings, discharges, discipline, supervision and direction. The new rule rescinds the prior standard established in 2020 and clarifies the definition of “essential terms and conditions of employment,” identifies the types of control necessary to establish joint-employer status and describes the collective bargaining obligations of joint employers.

The final rule was published in the Federal Register on Oct. 27, 2023, with an effective date of Dec. 26, 2023. However, the NLRB extended the date to Feb. 26, 2024. Employers should note that the NLRB will apply the new standard only to cases that are filed with the agency after the final rule effective date. Employers, particularly contractors and subcontractors, should become familiar with the new rule and determine whether a more inclusive joint-employer standard would reclassify them as joint employers in their operations by the rule’s effective date. Employers affected by the new standard should also take precautionary steps to ensure other joint employers comply with regulations regarding labor and employment laws for joint employees.

Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, 分娩或相关疾病，除非住宿会给雇主造成"不适当的困难".“业内专家预计，由于《美高美集团4688》的出台，怀孕员工提出的住宿要求将会增加.

The PWFA amends the Americans with Disabilities Act to require reasonable accommodations for a qualified individual’s limitations related to pregnancy, childbirth or related medical conditions. Employers should become familiar with the law and review their existing accommodation policies and revise them according to the PWFA’s requirements. Employers can also begin engaging in the interactive process with covered employees and applicants who may need accommodations pursuant to the PWFA. This can help employers avoid fines and lawsuits and make accommodations that allow their employees to be productive and comfortable at work.

Conclusion

This year, 积极主动地理解和实施这些重要的就业法变化是至关重要的. Recognizing Supreme Court decisions and other employment-related changes and their potential impacts can help employers navigate any changes to existing labor and employment laws and workplace practices, as well as aid in supporting their employees.

Staying informed and revising policies will not only mitigate legal risks but also contribute to a positive and inclusive workplace. By embracing these changes, employers can position themselves as leaders in the evolving landscape of employment law and foster a resilient and legally sound organization.

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This HR Insights is not intended to be exhaustive nor should any discussion or opinions be construed as professional advice. © 2024 Zywave, Inc. All rights reserved.