Aspen Highlights & Updates
Third Consecutive Year on Inc. 5000 List – Aspen HR celebrates its third consecutive year on the prestigious Inc. 5000 list of the fastest-growing private companies in America with 469% 3-year growth rate! This historic achievement underscores our unwavering commitment to empowering our clients. Read the article here.
iGlobal Independent Sponsors Summit – Aspen HR is proud to sponsor the iGlobal Forum 17th Independent Sponsors Summit in New York on September 17-18! Mark Sinatra, Aspen HR CEO, and Anthony Knight, Assistant General Counsel/HR Consultant, will be presenting a session on how to uncover hidden HR risks in target companies on Tuesday, September 17. Discover more here.
Self-Funded Search Conference – Aspen HR is also sponsoring the Self-Funded Search Conference in Dallas on September 13-15. This year, panels and sessions will focus on LOI strategy, due diligence, and debt & equity financing — among other key topics. Discover more and join.
St. Jude Charity – Aspen HR is hosting a table at the St. Jude ‘Miracles on the Bay’ charity event on September 20th. Miracles on the Bay will raise funds and awareness to help achieve health equity, so all children can access quality care. We couldn’t be happier to support this cause.
What We’re Reading
How to Manage the Ever-Rising Cost of Employee Benefits – With the right partner and strategies, you can create an employee benefits program that aligns with your business goals and budget. Keep reading…
Proactive Strategies for Promoting Employee Health and Well-being – By taking a more proactive approach to employee health, you can promote your employees’ overall well-being and empower them to make healthier lifestyle choices. Keep reading…
New Aspenites
Please join us in welcoming two new Aspenites to our team!
- Enrique Perez, HRIS Manager
- Clariz Canuto, Benefit Reconciliation Associate
HR and Legal Alerts!
FTC Non-Compete Ban Update – On March 21, 2024, a federal court in Texas struck down the Federal Trade Commission’s proposed ban on non-compete agreements nationwide. Employers will not need to comply with the rule by September 4, 2024.
Federal Appeals Court Strikes Down Tip Credit Rule – On March 23, 2024, a federal court blocked the Department of Labor’s controversial (DOL) 80/20/30 Tip Credit rule on a nationwide basis. The decision cites to the Supreme Court’s recent blockbuster ruling that reined in federal agency power. Employers must now return to the DOL’s original tip credit rule. Please reach out if you have any questions regarding employees under the tip credit standard.
New Hampshire: CROWN Act Prohibits Discrimination Based on Hair – Effective September 1, 2024, New Hampshire becomes the 26th state to enact a model version of the CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” The new law creates a private cause of action for discrimination based on hairstyles relative to a person’s ethnicity.
The law states that no person shall be subjected to discrimination in employment because he or she wears a protective hairstyle. Protective hairstyles means hairstyles or hair types including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists, and head wraps. A person subjected to discrimination based on wearing a protective hairstyle shall have a private cause of action and shall be exempt from the jurisdiction of the Human Rights Commission.
As with other protected characteristics, employers must not treat employees differently because of their protective hairstyles. Employers should review existing dress codes, grooming policies, handbooks, and training materials that require employees to wear their hair in a particular manner. Employers also should consider incorporating training for employees and managers to help ensure compliance.
Maryland: Pay Range Required in Job Postings – Effective October 1, 2024, Maryland becomes another state to enact a pay transparency law. Employers must disclose in public or internal job postings a good faith wage range and a general description of benefits and other compensation offered for the position. In the absence of a posting, an employer must affirmatively disclose the same information to applicants before discussing compensation and upon the applicant’s request.
The disclosure requirements will apply only with respect to a position for work that will be physically performed, at least in part, in the State of Maryland.
If a job opportunity is not posted and available to an applicant for the position, the employer is required to disclose to the applicant the same information: (1) before a discussion of compensation is held with the applicant; and (2) at any other time on request of the applicant.
The law defines “wage range” as the minimum and maximum hourly rate or minimum and maximum salary for a position, set in good faith by reference to: (1) any applicable pay scale; (2) any previously determined minimum and maximum hourly rate or minimum and maximum salary for the position; (3) the minimum and maximum hourly rate or minimum and maximum salary of an individual holding a comparable position at the time of the posting; or (4) the budgeted amount for the position.
Los Angeles (LA) County: Significant updates to Fair Chance Ordinance – Effective September 3, 2024, Los Angeles County has enacted an ordinance that imposes burdensome obligations on employers running criminal background checks in California. The law extends to employees, contractors, and freelance workers.
The ordinance applies to any “employer” located or doing business in the unincorporated areas of Los Angeles County and employs five or more employees regardless of location.
All job solicitations, bulletins, postings, announcements, and advertisements must include language stating that qualified applicants with arrest or conviction records will be considered for employment in accordance with the ordinance and state law. Further, employers that condition job offers on a criminal background check must include in all such materials a list of all “material job duties” of the specific job position for which the employer “reasonably believes” criminal history may have a “direct, adverse, and negative relationship,” potentially resulting in the withdrawal of the conditional job offer.
Notably, after extending a conditional job offer, employers may not ask candidates directly about their criminal history until they first receive the criminal background check.
The ordinance also restricts the scope of questions about criminal history to seven years from the date of disposition, with exceptions for certain roles (e.g., roles that require interacting with minors or dependent adults, etc.). Questions about non-criminal infractions are also prohibited, except for driving-related infractions for jobs requiring some driving for work.
The ordinance also requires a documented, written individualized assessment of an applicant’s criminal history before employers take any adverse action against an individual, such as rescinding a conditional job offer. The assessment must consider whether the applicant’s criminal history has a “direct adverse and negative bearing” on their ability to perform the duties or responsibilities necessarily related to the applied-for position, such that it “justifies” denying employment. The employer’s assessment must consider the factors outlined in the state law, such as the amount of time that has passed since the criminal conduct or completion of sentence.
Have questions about these updates? Don’t hesitate to contact our team!
