YOUR BUSINESS AUTHORITY
Springfield, MO
Several federal agency rules have been nullified or clarified regarding exempt salary thresholds, unpaid leave for serious health conditions, harassment, artificial intelligence and labor relations. In addition, religious discrimination is highlighted following a multimillion-dollar award against an employer for mandating the COVID-19 vaccine.
Exempt salary thresholds
A Texas District Court nullified the Department of Labor nationwide rule that substantially increased the salary thresholds and scheduled future hikes for four exempt categories. Therefore, the salary threshold for the executive, administrative and professional employee categories reverts to $35,568 per year and the highly compensated employee salary threshold reverts to $107,432 annually. The Texas court held the DOL lacked the authority to enact the rule and cancelled the July 1, 2024, increases that already went into effect. Companies now have the option of reducing salaries. It is unclear if the DOL will appeal the decision.
Family, medical leave
The Wage and Hour Division of the DOL issued an opinion letter stating eligible staff members may take unpaid leave under the FMLA to participate in treatments accessible through clinical trials for serious health conditions.
Harassment guidelines
The DOL’s Office of Federal Contract Compliance Programs released a guide to assist federal construction contractors and subcontractors in decreasing harassment in the workplace. The guide provides specific instructions for victims experiencing harassment, as well as contractors and subcontractors mandated to investigate, stop and reduce harassment.
Vaccine mandates
A former Blue Cross Blue Shield associate was awarded $12.69 million in damages for being denied a religious exemption request from the company’s COVID-19 vaccine mandate and then terminated. Accordingly, BCBS was found to discriminate by failing to provide a reasonable religious accommodation. This case provides guidance to businesses regarding current and prior COVID-19 vaccine mandates. First, be flexible with religious and other accommodations. Second, ensure denial of accommodations is based upon nondiscriminatory, objective reasons. Third, consider alternatives to termination. Fourth, consult legal counsel regarding potential future liability from additional lawsuits over current and past COVID-19 vaccine mandates.
Artificial intelligence
The DOL recently issued guidelines regarding best practices for integrating AI platforms into the workplace. Eight standards for developers and organizations are recommended. First, ensure laborers and union representatives, if applicable, have authentic input into the design, development, testing, training, usage and management of AI systems. Second, ethically design and develop AI systems, and then offer training in a manner that protects individual rights. Third, ensure human administration, including clear policies, procedures and review processes. Fourth, be transparent with team members and applicants concerning the AI systems being utilized.
Fifth, confirm AI systems do not disregard or undermine anti-discrimination and anti-retaliation protections, as well as worker rights regarding organizing, health and safety, and wage and hour. Sixth, be sure AI systems increase job quality and actually helps people. Seventh, support or improve the skills of staff members throughout job transitions pertaining to AI. Eighth, monitor personal data gathered, utilized or generated by AI systems. Ensure the data is limited in scope and location, utilized only to aid legitimate corporate goals, and protected and treated responsibly.
Labor ruling
After almost eight decades, enterprises are now forbidden from mandating associates participate in meetings on company property during the workday to disseminate the organization’s perspective concerning organizing. Instead, businesses must communicate four key points to laborers prior to the meetings. First, the firm aims to share their views on unionizing. Second, attendance is not required. Third, there will be no penalties for not attending. Fourth, attendance will not be tracked.
Corporations should review Employee Handbooks and all policies, procedures, processes and forms regarding salaries, FMLA, harassment, COVID-19 vaccine mandates, AI and anti-union meetings to ensure compliance.
Lynne Haggerman holds a master of science in industrial organizational psychology and is president/owner of Lynne Haggerman & Associates LLC, specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@lynnehaggerman.com.
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