Aspen Highlights & Updates
Webinar Replay: Understanding the FTC’s Non-Compete Agreement Ban & US DOL’s Final Overtime Rule – These new updates impact virtually all employers, and Aspen HR is committed to helping you navigate them effectively. Click here to watch the replay on Youtube.
Aspen launches new Longevity program! Aspen Longevity is an initiative led by Aspen HR to provide access to curated products and services that promote healthy well-being. We believe that it is important for everyone to take a proactive and preventative approach to one’s health and wellness.
Aspen HR has researched and selected leading partners in the longevity space who have demonstrated success in making a positive impact. We have negotiated discounts on such products and services that are only available to Aspen HR clients.
Partner Spotlight
Meet Sunlighten: Our first partner as part of Aspen Longevity program – Get ready to heat up productivity! Sunlighten’s heating technology delivers the highest quantity and quality of infrared available for your employees to feel better and do more.
Sunlighten has been on the cutting edge of developing infrared therapies based on clinical studies and is committed to innovating technology based on science. Access a plethora of mental and physical benefits, from heart and immune system health to relaxation and better sleep.
Reach out to Britney Valas at [email protected] or 828-485-8480 to receive 10% off of Sunlighten’s lowest current promotional pricing.
Technology Update
iSolved Webinars! – You’re invited to join us for several different walkthroughs of the isolved platform as a Client User! View all webinar dates here or register for an upcoming June webinar below:
Unveiling the Power of isolved Predictive People Analytics (June 7 @ 1 pm ET) RSVP here.
Mastering iSolved People Cloud: Essential Training for New Administrators (June 21 @ 1 pm ET) RSVP here.
Want to watch replays of past iSolved webinars at your own convenience? Access the replays in our Learning Center.
HR and Legal Alerts!
DOL Final Overtime Rule Update – Reminder on July 1, 2024, the salary threshold for the administrative, executive, and professional exemptions — which are collectively known as the “white-collar” exemptions are increasing to $844 a week ($43,888 annualized), then again on January 1, 2025, to $1,128 (or $58,656 a year). You must decide whether to raise their salary to meet the new threshold or convert them to non-exempt, hourly status.
Legal Update: On May 22, 2024, a coalition of business groups filed suit to block the July 1 increase. As of issuing this newsletter, the effective dates for compliance have not been blocked. We recommend that you prepare for it to take effect on July 1, 2024.
FTC Non-Compete Ban Update – The Federal Trade Commission’s ban on non-compete agreements is set to take effect on September 4, 2024. Please review the requirements as set forth by the final rule.
Legal Update: Three lawsuits have been filed challenging the FTC’s authority. The first of these cases, Ryan LLC v. FTC, was filed in the Northern District of Texas on the same day that the FTC voted to finalize the rule and is the case proceeding forward as they were the first to file. The court has said it will decide whether to temporarily block the final rule by July 3, 2024. However, we may see delays in the timeline. We do not recommend you send out notices yet but do recommend you keep preparing for it to take effect on September 4, 2024.
CA Workplace Violence Prevention Act – On July 1, 2024, the CA Workplace Violence Prevention Act takes effect. The law requires virtually all employers to develop, implement, and maintain an effective written workplace violence prevention plan (WVPP), as well as train employees and create and maintain extensive records regarding workplace violence.
The following employees and places of employment are exempt from the law:
- Employees teleworking from a location of the employee’s choice, which is not under the control of the employer.
- Places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations.
Requirements for a compliant plan include:
- Designating persons responsible for the plan;
- Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report;
- Procedures to identify and evaluate workplace violence hazards and to correct any identified hazards;
- Procedures for post-incident response and investigation; and
- Emergency response protocols.
California has published a model plan for employers to use (click to download). The model plan must be tailored to your specific business. As a qualified employer, you must identify the persons responsible for implementing the plan, as well as procedures to respond to reports of workplace violence, identify and correct workplace violence hazards, and conduct post-incident responses and investigations.
Maryland Pay Transparency – Effective October 1, 2024, all Maryland employers must include salary and benefits information in both internal and external job postings and keep records of compliance for a minimum of three years. The new law expands the state’s Equal Pay for Equal Work Act – which already requires employers to disclose wage and salary information to job applicants who request it.
Employers must disclose in each public or internal job posting the minimum and maximum hourly rate or salary and a general description of benefits and any other compensation offered for the position.
Prior to the law going into effect, you should work to identify pay ranges for your Maryland job postings consistent with the law’s requirements so you are ready to meet the disclosure requirements.
Minnesota Passes Pay Equity and Transparency Law – Effective January 1, 2025, all employers with 30 or more employees in Minnesota must include a pay range or fixed pay rate in all job postings.
- It applies not only to your job postings but to job postings by third-party recruiters such as staffing agencies.
- If the listing includes a pay range, it must be a good faith estimate reflecting a realistic expectation of what you are willing to offer for the position. It cannot be an open-ended range.
- The posting must also include a general description of benefits and other compensation offered. This encompasses health insurance, retirement plans, bonuses, and any other financial perks associated with the position.
EEOC Updated Guidance on Workplace Harassment – On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which went into effect immediately. The guidance adds new categories under “sex-based” harassment, including harassment based upon pregnancy, childbirth, or related medical conditions, including the choice to have or not have an abortion and to use or not use contraception, sexual orientation, and gender identity.
The guidance makes clear that the following conduct can form the basis of a harassment claim:
- Intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering);
- Denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity;
- Disclosing an individual’s sexual orientation or gender identity without permission;
- Insulting, criticizing, and demeaning behavior towards a person based on their pregnancy or pregnancy-related medical condition, such as lactation or morning sickness;
- Insulting, criticizing, demeaning, or changing the working conditions of an employee based on their decision to use or not use contraception, including abortion.
Have questions about these updates? Don’t hesitate to contact our team!
