February 16, 2024
Less than a minute read
Legal changes for employers to watch in 2024
Federal government agencies are pushing some significant changes that will likely impact businesses. Here are three areas that employers must keep close watch on:
- Equal Employment Opportunity Commission (EEOC): The EEOC sent out warning signals in the second half of 2023 for some new efforts that could impact employers. A new strategic plan, announced in August, is focused on increasing monitoring of conciliation agreements, conducting more investigations and rooting out systemic discrimination. A month later, the EEOC filed an extremely high number of lawsuits – 67 – against employers. The 2023 total of 143 lawsuits was a 52% increase from the prior year.
- National Labor Relations Board (NLRB): A major ruling a year ago created more confusion and concern for employers. The McLaren Macomb opinion held that employers commit an unfair labor practice by merely offering severance agreements to employees covered under Section 7 “with provisions that would restrict employees’ exercise of their NLRB rights.” The impact on certain non-disparagement and confidentiality provisions is unclear.
- Department of Labor (DOL): The DOL has waged a campaign in recent years to raise the salary thresholds for white-collar exemptions under the Fair Labor Standards Act. The bottom line is this means there can be fewer exempt employees. This also means major impacts on how employees are paid and who is entitled to overtime pay.
Information in this story was compiled by the Ogletree Deakins labor and employment law firm, which has Missouri offices in St. Louis and Kansas City.