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Employers will continue to grapple with the coronavirus pandemic in 2022. Some may try to limit the spread of infections by requiring workers to get booster shots or postponing return-to-workplace plans. These employers will face certain legal questions as they formulate their policies.
Other legal challenges coming in 2022 could include the U.S. Department of Labor's (DOL's) possible revision of its overtime rule and the proliferation of state paid-leave laws.
In addition, the Great Resignation may result in employers wanting to pay more attention to non-solicitation clauses.
Employer policies on Vaccines and booster shots. Right now, the U.S. Centers for Disease Control and Prevention does not include booster shots in its definition of "fully vaccinated." Full vaccination takes effect two weeks after the second dose in a two-dose series, such as the Pfizer or Moderna COVID-19 vaccine, or two weeks after a single-dose jab, such as the Johnson & Johnson shot.
Return to the workplace: Many businesses delayed reopening in-person operations in 2021 due to the rise of the Delta variant and low vaccine rates. The Omicron variant only added more to it. In 2022, a good number of businesses will reopen in person—some for the first time in two years and others after several trial attempts.
Off-the-clock work: Off-the-clock work is one of the many challenges employers face with remote or hybrid workers, particularly those who previously worked exclusively in an office before the pandemic,
Overtime rule revision: The DOL has signaled that it believes too few U.S. workers are classified as nonexempt from overtime requirements under the Fair Labor Standards Act. We could see activity related to the salary threshold for exempt employees. Some have advocated for a minimum salary threshold as high as $85,000 per year to qualify as an exempt employee, which would represent a significant jump from the current threshold of $35,568.
Patchwork of paid-leave laws: Some jurisdictions enacted or expanded personal and family paid-leave laws permanently in 2020 and 2021. The disparity of paid-leave laws across the U.S. has thus gotten even more complex during the pandemic. That trend is not expected to slow down in 2022.
Emphasis on enforcing non-solicitation clauses: In the last year, there has been a noticeable shift in non-compete litigation action. What we were seeing were cases being filed involving instances in which employees were taking information from their prior employer for the use of soliciting business. Non-solicitation clauses also may prohibit recruiting former colleagues and clients for a limited period within a limited geographic area.
More litigation over the choice of law: With many employees continuing to work remotely due to the pandemic, including in states different from their original place of employment, expect an increase in battles over which states' laws apply. There's no better time than the present for employers to review their existing restrictive covenants.
Join us on Compliancevent to learn how to lead your workforce amidst these circumstances. You'll also receive a FREE customized compliance tool to help you apply the best practices in your workplace.
The pandemic has taken over our personal and work lives. As a result, there are changes we need to be prepared for to comply with all the salary thresholds, over time, and other laws that are taking place in 2022. Employers and professionals need to prepare for the changes that will legally impact the workplace before violations. Covid-19 is still impacting the workplace in 2022 with different obstacles and conflicts in yo workplace. This training will guide you to the proper method of being compliant.
-Although there is still controversy with the federal vaccine mandates, there is still the EEOC vaccine mandate that is trending.
-Why are some of the current vaccine, mask, and social distancing provisions more critical now than ever before?
-Why Employers need to be knowledgeable and prioritize all the workplace regulations and how can they do so?
-How non-solicitation clauses can be an obstacle to staffing and retention?
-How does the Department of Labor plan to increase the overtime threshold and how do Employers have to plan for it?
-Off the Clock Work is now as predicted, a focus for audits by the DOL especially with many non-exempt workers working remotely.
-Paid Leave laws are creating havoc in the workplace with all the state and multi-state requirements which are different from state to state.
-How can Employers who have been changing schedules to return to the workplace safely return their employees with confidence?
-Learn how mitigating these 2022 changes will be more of a challenge if Employers do not keep up to date with regulation changes.
-All Employers
-HR professionals
-Business Owners
-Company Leadership
-Compliance professionals
-Payroll Administrators
-Managers/Supervisors
-Employers in all industries
-Small Business Owners
-All Employers
-Large Business Owners
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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