Aspen Highlights & Updates
New HR Resources – We’re excited to share two additional brand-new resources with you:
- HR Best Practices for Carve-Outs: Essential insights into setting up HR for success during these complex transactions. It covers planning during due diligence, establishing payroll and HR technology, ensuring compliance, and implementing robust employee benefits.
- HR Toolkit for Emerging Managers: This toolkit equips emerging fund managers with practical HR tools and insights for launching and growing their funds. It addresses critical HR decisions, including hiring strategies, talent management, financial operations, and supporting growth and scale.
To access these free downloads, click on the links above. You’re welcome to share the links with others who may benefit from them.
New Aspenites
Join us in welcoming Kristen Hodges to the Aspen HR team as a Benefit Operations Associate!
Technology Update
ePlace Solutions Employee Complaint Hotline – We are excited to introduce our new partnership with E-Place Solutions, offering an optional Employee Complaint Hotline Service to support workplace compliance and communication.
This resource allows employees to report workplace concerns anonymously and helps employers address issues proactively. It provides a way for employees to report concerns or complaints if they feel they are unable to do so to their supervisor or the human resource department.
Making an independent, third-party employee complaint hotline available in your workplace may help to establish a defense to claims of harassment, discrimination, and (possibly) other employment claims. If you are interested in learning more, please reach out to our team.
HR and Legal Alerts!
DOL Pauses Enforcement on Biden Independent Contractor Rule – As of May 1, 2025, the U.S. Department of Labor (DOL) has paused enforcement of the 2024 independent contractor classification rule. This rule, introduced during the Biden administration, expanded criteria under the Fair Labor Standards Act (FLSA) for determining employee versus independent contractor status. The DOL’s Field Assistance Bulletin 2025-1 directs investigators to revert to the longstanding “economic realities” test, as outlined in Fact Sheet #13 (2008) and Opinion Letter FLSA2019-6, focusing on factors like the worker’s degree of control, investment, and opportunity for profit or loss.
While the 2024 rule remains in effect, its enforcement is on hold pending further review and ongoing litigation. Employers should continue to assess worker classifications carefully and stay informed on potential regulatory changes.
EEOC Opens 2024 EEO-1 Reporting on May 20 with Shortened Filing Period – The Equal Employment Opportunity Commission (EEOC) will open the 2024 EEO-1 Component 1 data collection portal on May 20, 2025, with a filing deadline of June 24, 2025—providing employers a five-week window to submit their reports.
Notably, the EEOC has removed the option to report non-binary employees in this year’s EEO-1 report, aligning with Executive Order 14168, which mandates federal agencies to collect data on individuals’ sex as either male or female.
Key Points:
- Reporting Period: May 20 – June 24, 2025
- Who Must File: Private employers with 100+ employees and federal contractors with 50+ employees
- Reporting Categories: Employee data by job category, race/ethnicity, and sex (male or female only)
- Non-Binary Reporting: No longer permitted
For Aspen HR clients, we will begin reaching out to coordinate your EEO-1 Reporting.
Florida CHOICE Act strengthens Non-Competes – Effective July 1, 2025, Florida’s new “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” enhances the enforceability of non-compete and garden leave agreements within the state. The Act establishes a presumption that such agreements are enforceable and mandates courts to issue injunctions against violations unless the opposing party proves that the new employment does not result in unfair competition.
Covered Employees: Any employee or contractor who works primarily in Florida or works for an employer with their principal place of business in Florida who earns or is reasonably expected to earn a salary greater than twice the annual mean wage of either: (1) the county where the company is located; or (2) the county where the employee resides if the employer’s principal place of business is not in the state.
To be enforceable, non-compete agreements must…
- Provide employees with at least 7 days to review the agreement and advise them of their right to seek legal counsel.
- Include a written acknowledgment from the employee regarding access to confidential information or customer relationships.
- Restrict the employee from engaging in similar services for up to four years, with the non-compete period reduced by any non-working portion of a garden leave period.
Disparate Impact Liability Eliminated – On April 23, 2025, President Trump signed Executive Order 14281, titled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to eliminate the use of disparate impact liability in enforcing civil rights laws. Disparate impact refers to policies that, while neutral on their face, disproportionately affect protected groups without explicit discriminatory intent. Federal agencies are instructed to cease prioritizing investigations and enforcement actions based on disparate impact theories under Title VII (employment discrimination). Within 45 days, the Attorney General and the Chair of the Equal Employment Opportunity Commission (EEOC) must assess all pending investigations and lawsuits relying on disparate impact liability and take appropriate action consistent with the new policy.
Cleveland Salary History and Transparency – On April 30, 2025, Cleveland passed Ordinance No. 104-2025, introducing new requirements for employers with 15 or more employees within the city. Effective October 27, 2025, Employers cannot inquire about an applicant’s current or prior compensation, use such information to screen candidates, or retaliate against applicants who refuse to disclose their compensation history. Job postings must include the salary range or scale for the position. This requirement also applies to postings used in the PERM recruitment process for sponsoring foreign nationals.
Washington Enacts Mini-Warn Act – On May 13, 2025, Washington Governor Bob Ferguson signed the “Securing Timely Notification and Benefits for Laid-Off Employees Act” (WA WARN), establishing a state-level “mini-WARN” law that is effective July 27, 2025, and mandates 60 days’ advance notice for certain layoffs and business closures. This law applies to businesses with 50 or more employees in Washington, excluding part-time workers. Requires notice for business closures or mass layoffs resulting in employment losses for 50 or more employees, without the 30- or 90-day aggregation periods specified in the federal WARN Act.
Have questions? Don’t hesitate to contact our team.
