U.S. Workers Are Satisfied With Their PTO But Don’t Exhaust It A new Harris Poll survey found that most American employees are satisfied with their company’s paid time off (PTO) policy; however, three in four said they don’t use the maximum PTO permitted by their employer. According to the survey, most U.S. workers get between 11 and 30 PTO days yearly. Last year, the average employed American took 15 paid days off despite many being allowed more. The top use cases were vacation and health and wellness (e.g., sick days and doctor appointments). Consider these additional key findings from the ..read more

A recent U.S. Department of Labor (DOL) final rule increases the salary thresholds used to determine whether executive, administrative, and professional (EAP) employees are exempt from overtime pay under federal law. While the increased thresholds are likely to result in many employees who were previously exempt now qualifying for overtime pay, employers must also consider how the increased thresholds may indirectly affect their benefits offerings. On July 1, 2024, the salary level for EAP employees will increase to $844 per week and $132,964 per year for highly compensated employees (HCEs ..read more

There are a variety of common issues that supervisors should be aware of when evaluating employees through performance reviews. Training supervisors properly is an essential step in avoiding mistakes that can lead to lawsuits and other problems. 1. Rating inflation Generally, supervisors give employees inflated performance appraisals because they fear honest evaluations will damage their working relationships. Evaluations should be comparative and should reflect reality. Inflated performance appraisals give employees a false sense of security, deprive them of an opportunity to improve, and cr ..read more

Harassment is a significant risk to organizations today. It is necessary to commit to a prevention strategy that focuses on improving the culture of the workplace and avoiding legal liability and negative public attention. The following are basic principles proven effective in preventing and addressing harassment. Leadership and Accountability The foundation of a successful harassment prevention strategy is consistent and demonstrated commitment of senior leaders to create and maintain a culture in which harassment is not tolerated. Senior leaders should ensure that their organizations: Adop ..read more

The Wage and Hour Division (WHD) of the U.S. Department of Labor recently published a Field Assistance Bulletin (FAB) warning that the use of artificial intelligence (AI) and other automated systems could cause employers to violate laws WHD enforces, including administration of the federal Family and Medical Leave Act (FMLA). Noting the growing use of AI and automated systems in the workplace for tasks such as tracking time off and integrating absence calendars, the FAB identified the following specific areas of concern for FMLA compliance: The processing of leave requests; The imposition of ..read more

Workers’ compensation is a system of no-fault insurance that provides medical benefits and compensation for lost wages and permanent physical impairments to employees who sustain work-related injuries. Workers’ comp coverage is mandatory for most New York State employers with one or more employees. Here is an overview of the penalties an employer faces if they violate workers’ comp laws in New York. New York’s Workers’ Compensation Law (WCL) determines the penalties employers may face if they fail to comply with state workers’ comp requirements. The New York Workers’ Compensation Board (WCB ..read more

The recently enacted New York budget for fiscal year 2024-25 includes provisions mandating paid employee prenatal leave and lactation break time, and repealing the state’s COVID-19 sick leave law. The provisions have different effective dates in 2024 and 2025. Paid Prenatal Personal Leave The budget amends the state sick leave law by adding what is being touted as a first-in-the-nation requirement that all employers provide their employees with 20 hours of paid prenatal personal leave per 52-week period, starting Jan. 1, 2025. The amendment does not require employees to accrue the new leave ..read more

Businesses, regardless of their size or sector, depend on the collective expertise and skills of their employees to succeed. Therefore, investing in comprehensive employee training isn’t just an option; it’s an essential strategy. From fostering a culture of continuous learning to enhancing productivity and ensuring regulatory compliance, effective training programs can yield numerous benefits for both employees and the organization as a whole. Training is crucial because it: Ensures a competitive edge in the market Promotes safety and health among employees Creates opportunities for career ..read more

On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a final rule that would ban noncompete agreements in virtually all employment relationships. The final rule has not yet been filed in the Federal Register but is scheduled to take effect 120 days after such filing. Final Rule to Ban Noncompete Agreements The final rule defines a noncompete clause as a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: Seeking or accepting work in the United States with a different person where such work would begin af ..read more

On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA). The final rule will take effect on July 1, 2024. NOTE: New York’s Department of Labor (NYDOL) amended its Labor Code last fall to increase the salary threshold executive, administrative, and professional (EAP) employees must meet to qualify for the state’s wage payment exemptions. As of March 13, 2024, EAP employees who earn less than $1,300 per week are subj ..read more