EMPLOYMENT POLICIES pay scales for their open positions or hosting informational training sessions on pay-related topics — and updating their employment policies accordingly .
2 . PAID LEAVE
In 2022 , many states and localities enacted paid leave laws . This year , several previously enacted leave laws became effective in various states and cities throughout the United States ; many other states have recently proposed paid leave legislation . These laws ensure workers continue receiving a portion of their wages when they ’ re unable to work under certain circumstances , such as due to illness or the birth of a child .
Because of the increasing number of states and localities adopting paid leave laws , employers need to ensure their leave policies are current and comply with local laws . It is critical to review existing policies to confirm they conform to state and local regulations of the location where employees physically work .
Additionally , an employer ’ s leave policies can clearly explain when employees are eligible for paid leave and any steps they must follow to request it . Employers should also verify their leave policies do not unintentionally discriminate against employees based on a protected class .
3 . EXPENSE REIMBURSEMENT
Federal law requires employers to reimburse employees for expenses that cause an employee ’ s pay to drop below the federal minimum wage . However , some state and local laws require employers to reimburse employees for work-related expenses , such as telephone or internet fees , office supplies , and heating or cooling costs . Employee expenses are considered wages under several state reimbursement laws and are subject to the same timing requirements as wage payments .
The number of lawsuits claiming employers failed to reimburse employee expenses is quickly rising , so it ’ s vital that employers ensure their reimbursement policies comply with state and local laws .
Additionally , when employers reimburse employees for office equipment or devices , it may create issues about who owns the item . Employers should consider reviewing their reimbursement policies to ensure they cover the following :
• Explain what expenses are reimbursable .
• Outline the timing of reimbursement payments .
• Establish who owns the device or equipment .
• State what happens to the device or equipment when the employment relationship ends .
4 . MARIJUANA USE AND TESTING
Medical marijuana use is currently legal in 37 states , whereas recreational use is legal in 21 states . Many of these states protect employees from being terminated or denied employment opportunities due to off-duty , recreational marijuana use . Furthermore , President Joseph Biden issued a presidential proclamation in 2022 pardoning federal convictions of simple marijuana possession offenses . President Biden also called upon governors to pardon simple state marijuana possession offenses .
Employers must ensure their marijuana use and testing policies comply with state regulations where their employees physically work . Employers who do not employ any workers in states where marijuana is legal can decide whether to screen employees for marijuana and how they will respond to a positive test result . This procedure should be clearly explained in the employee handbook .
5 . REMOTE AND HYBRID WORK ARRANGEMENTS
Many employers embraced remote and hybrid work out of necessity at the outset of the COVID-19 pandemic . While employers have continued to allow employees to take advantage of flexible work arrangements , many have not updated their employment policies to adequately address these arrangements .
REMOTE AND HYBRID WORK POLICIES CAN SET CLEAR EXPECTATIONS SURROUNDING EMPLOYEE WORK HOURS , COMMUNICATION , AND PRODUCTIVITY .
Some employers have invested in technology to digitally monitor remote employees to ensure they stay productive . However , in certain situations , employers must inform workers with written notice that electronic communications are being monitored and obtain their consent . For example , the Electronic Communications Privacy Act of 1986 prohibits employers from intentionally intercepting electronic communications unless they do so for business purposes or employees have provided prior consent . Some state and local laws also require employers to disclose to their employees that they ’ re being monitored . Accordingly , employers must ensure their remote and hybrid work policies comply with data use and employee privacy notice requirements .
In addition to covering privacy and monitoring laws in their handbooks , employers should consider adding technology guidelines and requirements to their employment policies to account for remote and hybrid work arrangements . This can help organizations protect against cybersecurity threats . For example , employers may decide to require employees to use multifactor authentication on their personal devices for work-related matters .
SUMMARY
Outdated policies can often expose organizations to unnecessary legal risks . Regularly reviewing and updating employment policies is an effective and cost-effective way for employers to protect themselves . By understanding the most important policies to review in 2023 , employers can take steps to ensure their employment policies are current and reflect the most recent regulatory developments . +
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