Workplace Law Update: 10 Essential Items on Your March To-Do List

Insights

3.01.24

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of some critical developments we tracked in February and a checklist of the essential items you should consider addressing in March and beyond.

_____	Create an action plan to empower women at work. March is Women’s History Month and International Women’s Day is celebrated on March 8 each year. So, now is a perfect time to assess and enhance your efforts to foster a work environment that includes and empowers women. Here’s an update on the most recent trends regarding women in the workplace and your 10-step plan to bolster women in your organization.
_____	Review your dress code and other workplace policies. The National Labor Relations Board just ruled on February 21 that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora’s Box when it comes to allowing the public display of political and social causes in the workplace. Click here for a summary and a five-step guide to compliance.
_____	Get your EEO-1 reports ready. Covered employers will have to turn over workforce demographic data to federal regulators this year between April 30 and June 4. Here’s what you need to know about filing your 2023 EEO-1 Component 1 data and the five steps you’ll want to take ahead of the approaching deadline.
_____	Review your website and vendors in light of new data privacy order. President Biden just issued an Executive Order on February 28 that will lead to new restrictions on transferring sensitive personal data to China and other “countries of concern” – and it may create massive new compliance obligations for your organization. Click here for the four steps you should take to ensure your business is in compliance with this significant new requirement.
_____	Prepare for H-1B season. Employers should get ready for the 2025 H-1B cap registration to open at 12 PM EST on March 6 and run through 12 PM EST on March 22. Here’s what you need to know about the upcoming registration period.
_____	Get your house in order when it comes to CCPA compliance. A California appeals court ruled on February 9 that the state can immediately begin enforcing new regulations governing the state’s cornerstone data privacy law. Click here for a seven-step plan you should begin implementing today.
_____	Take steps to mitigate worker misclassification risks. Businesses will soon find it harder to classify workers as independent contractors thanks to key changes from the U.S. Department of Labor that take effect on March 11. Read our five key takeaways here.
_____	Prepare for NLRB’s new joint employer rule.Employers have a little more time to comply with the National Labor Relations Board’s new joint employer rule, now that the effective date has been pushed out to March 11. The rule makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that is expected to result in increased union organizing and collective bargaining efforts across the country. Here are the 10 steps you should consider taking to prepare for this new standard. [Editor’s Note: A federal judge in Texas struck down the rule right before it was set to take effect. You can read more here. We will continue to follow the court battles and provide updates as warranted.]
_____	Review new FAQs on California pay data reporting. The deadline for employers in the state to report your 2023 pay data is May 8, 2024 – and there is no deferral period. Notably, the Civil Rights Division (CRD) published updated FAQs for pay data reporting and opened the portal for reporting on February 1. Click here for a simple three-step plan for compliance.
_____	Note new laws taking effect in New York. New York State continues to enact workplace legislation impacting employers. For instance, a law takes effect on March 12 that prohibits employers in the state from requesting certain access to employees’ personal electronic media accounts. Another law takes effect on March 13 that impacts payment of wages to executive, administrative, and professional employees. Learn more here about these laws and others that are set to take effect in 2024.

We will continue to monitor developments related to all aspects of workplace law. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. If you have questions, contact your Fisher Phillips attorney.