Aspen Highlights & Updates
A Day at the Races – Aspen HR is thrilled to co-sponsor another Day at the Races with CalALTs! We can’t wait to join the alternative assets community for an afternoon of fun, networking, and excitement at the beautiful Del Mar Race Track on August 1st. Discover more about this event here.
Celebrating Three Consecutive Years Receiving ‘The Best Place for Working Parents’ Award – This esteemed award is a testament to Aspen HR’s unwavering commitment to supporting working parents and fostering a work-life balance that empowers employees to thrive both personally and professionally. Read the entire article here.
Aspen ALL IN Sales Summit – Our team had a blast spending time in Vegas at our first annual Aspen ALL IN Sales Summit. We are fired up to crush the rest of 2024! Thank you to our partners at Slavic401k Sparrow and Pave Finance for making the summit a huge success.
Partner Spotlight
Meet Pave Finance: Supporting each and every investor in their endeavor to create a brighter future – Unfortunately, high quality investment guidance has only been attainable to the select few, putting financial wellness out of reach for most of us. That changes with Pave. Now you can easily harness a tool that enables you to transform your money into wealth. Pave Finance builds highly personalized portfolios that are adaptable to a wide variety of economic conditions. They ensure your portfolio stays well positioned, represents your values, and is wholly unique to you.
Reach out to your Aspen HR Representative to get started using Pave with an Aspen-exclusive subscription discount.
New Aspenites
Please join us in welcoming Latoya Saunders to the Aspen HR team as Benefit Agency Account Associate!
HR and Legal Alerts!
FTC Non-Compete Ban Update – The Federal Trade Commission’s ban on non-compete agreements is set to take effect on September 4, 2024. Legal Update- A Pennsylvania federal judge has just declined to issue an order to preliminarily block the FTC’s non-compete ban before its September 4th effective date. However, earlier this month, a Texas federal judge ruled that FTC lacked authority to issue the ruling only as it applied to the Parties in the lawsuit. The judge indicated she would issue a final merits disposition in the U.S. Chamber case by August 30. The parties have asked for a permanent nationwide junction in that case. As it stands, the ruling will become effective on September 4, 2024. We will continue to monitor the situation and keep you informed of any changes.
California’s Indoor Heat Illness Prevention – On July 24, 2024, California’s Department of Industrial Relations (DIR) announced that the Indoor Heat Illness Prevention regulation, which the Cal/OSHA Standards Board unanimously approved on June 20, 2024, would take effect immediately. The new requirements apply to all indoor work areas where the temperature equals or exceeds 82° Fahrenheit when employees are present, with very few exceptions.
The plan can be included in the employer’s existing Injury and Illness Prevention Plan (IIPP), existing Outdoor Heat Illness Prevention Plan (OHIPP), or as a standalone Indoor Heat Illness Prevention Plan (IHIPP). At a minimum, the IHIPP must include the following:
- Procedures for the provision of water
- Procedures for access to cool-down areas and cool-down rest breaks
- Procedures to measure the temperature and heat index, identify and evaluate environmental risk factors for heat illness, and implement engineering, administrative, and personal heat-protective equipment controls
- Emergency response procedures
- Acclimatization and employee observation and monitoring
Proposed OSHA National Heat Safety Rule – On July 2, 2024, OSHA proposed a national heat stress rule to protect workers from heat-related illnesses and fatalities. It is unclear if and when this rule will become effective. The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction.
The proposed rule excludes short-duration employee exposure to heat. Additionally, you will not need to apply these new rules to sedentary employees, those who work at indoor job sites kept below 80 degrees, and remote workers.
The proposed OSHA heat safety rule introduces several key requirements aimed at protecting workers from the hazards of excessive heat. These include requiring employers to designate a heat safety coordinator and identify heat hazards in both outdoor and indoor worksites. Additionally, the rule will mandate that employees are entitled to hydration and rest breaks and that shaded or air-conditioned rest areas are available to them.
We will continue to monitor the situation.
NLRB Joint Employer Rule Abandoned – The joint employer rule proposed by the NLRB, which would have made it easier for workers to be considered employees for more than one entity, is now dead. A Texas federal court judge enjoined the rule in March. The NLRB ended its pursuit of the ruling when it dropped its appeal this month.
New York Paid Lactation Breaks – Nursing employees now have the right to paid break time to express breast milk during the workday under a New York State law that took effect June 19, 2024. New York State amended its Labor Law to require employers to give nursing employees with 30 minutes of paid break time to express breast milk at work, enhancing a law that previously permitted reasonable, unpaid break time.
You must provide paid time to an employee who has a reasonable need to express breast milk. This time can be extended through existing paid breaks or mealtimes if the employee needs more than 30 minutes to express breast milk. Employees may access this protected break time for up to three years following the birth of a child.
You must maintain a written policy outlining the rights of nursing employees, including their new entitlement to take 30-minute paid breaks to express breast milk.
You’ll need to inform employees of their lactation rights by providing a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace. You must notify your employees upon hiring, annually, and when an employee returns to work following the birth of a child.
11th Circuit Court Finds Manager Personally Liable for Wage Violations – In an unprecedented case, a hotel manager was recently held individually liable for federal wage and hour law violations under the FLSA. The manager in this claim was the owner’s son.
The court held, “Although owners and corporate officers are more susceptible to personal liability because they are more likely to exercise operational control, the broad definition of an employer under the act does not limit individual liability to officers and owners,” the 11th Circuit explained. “We must consider the circumstances of the whole activity.”
The court made clear that this was a special circumstance due to the relationship the owner’s son had with the company and his direct reporting relationship to the aggrieved employee.
We recommend educating your managers on the FLSA, encouraging employees to report discrepancies in their paychecks, and regularly reviewing your pay practices.
Have questions about these updates? Don’t hesitate to contact our team!
