2022 in Review: The 5 Most Popular Employment Law Topics We Covered This Year
1. Conducting a Workplace Investigation
Given that every employee complaint could turn into litigation, a well-planned and documented investigation can be an employer’s best defense. Responsiveness to an employee’s complaint about workplace concerns enables the employer to gather the best information and allows the employer to resolve internal problems before they become widespread. While each situation is unique, we put together this Workplace Investigations Checklist of steps an employer should take as soon as a complaint is received.
2. Bonuses & Calculating an Employee’s Regular Rate of Pay for Overtime
The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid no less than time and one-half their regular rate of pay for all hours worked over 40 hours in a workweek. How should an employer calculate an employee’s regular rate of pay? Under the FLSA, an employee’s regular rate of pay includes “all remuneration for employment paid to, or on behalf of, the employee,” less certain statutory exceptions. The regular rate is determined by adding the employee’s pay for the workweek and all other earnings and dividing the total by the number of hours the employee worked that week. Continue reading here.
3. Politics & the Workplace
Employers should implement policies addressing civil discord explaining the difference between appropriate and inappropriate political expression, and provide examples. Providing employees with the tools to express themselves respectfully is integral to successful DEI training. Employer-sponsored forums with employees where employees are encouraged to engage in healthy and respectful discussion, including politics, serve to provide employees with an employer-sanctioned venue for open communications. Read more here.
4. Steps Towards a More Diverse, Equitable & Inclusive Workplace
A diverse hiring strategy is an essential piece of the puzzle but it's not the only one. While it is necessary to focus on bringing in diverse talent, employers must also equip current employees with the skills necessary for success in their roles while fostering a culture of equity and inclusion. Learn more about the five actionable items employers can start implementing today as we continue to pave the way for a more diverse, equitable and inclusive workplace.
5. COVID Regulations & Requirements for Employers
COVID remained at the forefront again this year as regulations and requirements shifted for employers. You can revisit our COVID-19 Resource Page for any of those updates.
Thank you all for another wonderful year. We wish you and your families a safe and happy new year!
Save the date and register: Our first webinar of the new year will be on February 2 with Haynsworth Sinkler Boyd’s Perry MacLennan and Katie Busbee, where they will provide a 2023 employment law legislative preview.
