New Employment Law Changes

Employment Law Changes HR needs to know Throughout 2023, the U.S. Supreme Court issued several consequential decisions that have major effects on employers. As we get into 2024, it's crucial for employers to be aware of these changes to ensure compliance and mitigate legal risks. [...]

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Employment Law Changes HR needs to know

Throughout 2023, the U.S. Supreme Court issued several consequential decisions that have major effects on employers. As we get into 2024, it’s crucial for employers to be aware of these changes to ensure compliance and mitigate legal risks.

Religious Accommodations Standard

Title VII of the Civil Rights Act requires employers to meet an increased standard for undue hardship when denying employees’ requests for religious accommodations.

 

Title VII prohibits employers with 15 or more employees from discriminating against employees and job applicants on the basis of race, color, religion, national origin, or sex.

 

If an employer denies religious accommodations, it must show that the burden of granting an accommodation would result in “substantial increased costs in relation to the conduct of its particular business. Previously, the undue hardship standard for denying only required an employer to show that the accommodation would cause the employer to bear “more than a de minimis cost.”

 

Form I-9

Since November 1, 2023 employers are required to use the newest Form I-9. Changes to the form include:

    • Sections 1 & 2 have been reduced to a single sheet
    • The preparer/translator certification area has been moved to a standalone supplement (Supplement A) that employers can use as necessary
    • Section 3 (reverification and rehire sections) has been moved to a standalone supplement (Supplement B)
    • The list of acceptable documents now includes some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation

Among other changes, the new Form I-9 includes alternative remote verification procedures employers enrolled in E-Verify can use.

Affirmative Action

The Supreme Court struck down affirmative action programs at the University of North Carolina and Harvard, likely ending the systematic consideration of race in college admissions. The Court ruled that both universities’ affirmative action programs violate the Equal Protection Clause of the U.S. Constitution.

The rulings in these cases will likely not directly affect employers. However, they could impact workplace diversity, equity, inclusion, and belonging initiatives.

Joint-Employer Rule

Joint employment situations can happen when two or more employers share personnel hiring, supervision, and management practices. When a joint employment status exists, joint employers are equally responsible for compliance with applicable laws and regulations.

To determine whether a joint-employer relationship exists, employers must evaluate the degree of control they exert over “essential terms and conditions of employment.” Essential terms and conditions of employment include wages, benefits, hours of work, and employee hiring, discharges, discipline, supervision, and direction.

The new rule rescinds the prior standard established in 202 and clarifies the definition of “essential terms and conditions of employment,” identifies the types of control necessary to establish joint-employer status, and describes collective bargaining obligations of joint employers.

Pregnant Workers fairness act

Under this law, employers with at least 15 employees must provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions – unless the accommodation will cause the employer an “undue hardship.”

Employers should familiarize themselves with the law and review their existing accommodation policies and revise them according to the PWFA’s requirements.