HR In-Focus

Part of our complimentary Bagels & Coffee with Boardman Clark webinar series.

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The complex and ever-evolving nature of employment law can leave people with a blurry understanding of critical HR issues, making it difficult to address workplace challenges with the clarity and awareness they demand.

In this edition of our complimentary Bagels & Coffee with Boardman Clark employment law webinar series, we will bring focus to HR topics currently challenging employers, including:

• How to approach employee discipline and performance improvement plans
• Considerations in administering DE&I measures
• Important changes in wage and hour law
• New developments in employee benefits
• The nuances of using independent contractors

So please register to join us on the morning of September 13 as we zoom in for a clear look at the latest questions in employment law.

PRESENTATIONS

Proper Use of Evaluations, Performance Improvement Plans, and Progressive Discipline

BY BRIAN GOODMAN

Employees don’t always meet expectations. When that happens, employers turn to a variety of tools in an effort to address the concerns. However, the choice of tool and its proper use are extremely important. Employers must be comfortable drafting these documents, implementing them, and following up on them. These documents can help win lawsuits against former employees. The documents can also help employees improve their performance, avoiding a potential termination.

In this session you will learn:

• Circumstances when it might be more appropriate to discipline an employee rather than put them on a performance improvement plan.
• The importance of consistency in documentation – tying the performance improvement plan back to concerns documented in evaluations and referencing past discipline in subsequent evaluations.
• How to build a case for termination with these documents that is likely to withstand scrutiny in a lawsuit from the former employee.

The Law of Diversity, Equity, and Inclusion in the Workplace

BY STORM LARSON

Diversity initiatives are now a common fixture in today’s workplaces. When thoughtfully implemented, they can be an effective way to combat bias and ensure that every employee feels welcome and seen. Affinity groups, educational sessions, and floating holidays are just some measures employers take to promote diversity, equity, and inclusion. However, such measures, if not properly administered, can also present thorny legal risk for employers. The careful administration of such programs is critical to reducing legal risk and maximizing their benefits.

In this session you will learn:

• What sources of law govern DE&I in the workplace.
• What the current state of the law is on DE&I.
• What the common pitfalls of DE&I are and how to avoid them.

Recent Developments in Wage and Hour Law

BY RICK VERSTEGEN

On April 23, 2024, the U.S. Department of Labor issued final regulations updating the minimum threshold for employees to be considered exempt from overtime requirements under the Fair Labor Standards Act. Effective July 1, 2024, the regulations increased the minimum salary from the previous level The salary level will again increase significantly on January 1, 2025. Employers have been taking steps to address these changes, sometimes changing employees from exempt status to nonexempt status. Of course, the Department of Labor is continuing to enforce violations of the law and also issue additional guidance on various issues, including issues on how AI may apply to wage and hour issues. Employers need to understand and comply with these updates, considering violations can result in costly results.

In this session you will learn:

• Steps to take to comply with the new salary level requirements.
• Other changes to the FLSA white collar exemptions.
• Identifying common wage and hour issues related to nonexempt employees.
• Updates on recent enforcement cases.

New Developments in Employee Benefits

BY MIKE WIEBER

Benefits specialists have seen many updates to the law in recent years. In addition to new regulatory tax and fiduciary guidance from the IRS and DOL, the FTC released guidance on non-competes that may significantly change the executive compensation landscape. There's also a chance that much of the regulation employers have been using for years may be off the table pending decisions by the Supreme Court.

In this session you will learn:

• The latest updates on SECURE 2.0.
• What the FTC noncompete rule means for your executive compensation.
• How the Supreme Court's opinion limiting deference to agency interpretation (think IRS/DOL) will change the legal landscape.

Independent Contractor Issues For Employers

BY DOUG WITTE

A hot button issue in employment for the past few years has been the classification of individuals as independent contractors instead of as employees. The misclassification of workers can lead to significant liability for employers. Whether a worker qualifies as an “employee” or an “independent contractor” is a fact-specific question, and depends on the independent contractor test being applied, which will vary based on the particular law at issue. This is because different laws at both the federal and state level use different tests. The federal Department of Labor recently revised its Independent Contractor Rule which has only heightened the confusion in this area. In this session we will discuss this new rule, how it fits with other tests under various laws, and highlight issues employers need to be aware as they navigate this tricky area.

In this session you will learn:

• The newest DOL Independent Contractor rule.
• The risks and penalties if you misclassify our employees.
• Key provisions to include in any Independent Contractor Agreement.

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