Welcome to the Summer Edition of the Essential!

Enjoy and be well,

Sonya L. Kemp – Founder and President

Click here to download the English Version.
Click here to download the Spanish Version.

Changes to the new Time of Hire Notice:

• Added Return-to-Work Supplemental Program (RTWSP) information on page 2
• Information about Permanent Disability under Other Benefits was moved to the section What Are the Benefits on page 2
• Updated the agency information under Additional Rights on Page 6
• Added contact and address information for the Division of Workers’ Compensation on page 6

Employers must complete the following areas of the Time of Hire Notice before providing it to new hires:

1. Workers’ Compensation Insurance Company Information on page 3
2. Workers’ Compensation Medical Provider Information on page 4
3. Nearest I&A Unit Information on page 5

Tips:

• Create a template that includes the information numbered above and then have it handy to provide to all new hires with all the other onboarding packets.
• You may wish to draw attention to the section where employees can designate their own physician and/or chiropractor as many employees don’t see that section.The employee will need to have their physician sign off on the form.

The new requirements apply to all indoor work areas where the temperature is 82° Fahrenheit or higher when employees are present, with very few exceptions. Additional requirements apply if the temperature or heat index reaches 87° or higher, or if employees are wearing clothing that restricts heat removal, or are working in a “high radiant heat area” with temperatures at or above 82°.

Documentation that establishes, implements, and maintains the IHIP must be written and can be included in an employer’s Injury and Illness Prevention Plan. In addition, training must be provided to all employees before employees with a “reasonable expectation of exposure” begins work.  Supervisory employees must receive training on additional topics.  To learn more, please see this comprehensive summary from Littler.

Washington DC enacted wage transparency laws which took effect June 30, 2024. Maryland has added new regulations as of October 1, 2024.

Both Minnesota and Illinois have new laws taking effect January 1, 2025, and Vermont’s law will take effect July 1, 2025.

In addition, some wage transparency laws may only apply to local jurisdictions rather than statewide.  Ohio and New Jersey have local jurisdiction wage transparency laws.

To view details, see the data courtesy of Payscale

Political discussions often lead to heated arguments, affecting productivity, morale, and relationships. Various labor and employment law issues can arise, including anti-discrimination laws, the National Labor Relations Act, state meeting bans, and voting leave laws. Employers must understand and manage employees’ rights regarding political speech and activities, and proactively prevent potential issues.

The First Amendment applies only to government actions, so private employers are not limited by it in regulating employees’ communications. There is no federal constitutional right for employees to express political opinions in a private workplace.

Legal protection for political activities in the workplace is limited. Private employers can generally refuse to hire or fire “at-will” employees based on their political views, as “political discrimination” is often not illegal under federal law. However, some state and local jurisdictions offer greater protections, so be sure to review your local and state laws.

So what can employers do?

Employers generally have the right to engage in political activity within the workplace. They can communicate their support or opposition to legislation or regulations and inform employees about the potential impacts on the company and its stakeholders. However, it is a federal crime to interfere with an individual’s voting rights or to coerce them into voting a certain way. It is also illegal to bribe someone in exchange for their vote. Many states have laws against employers intimidating or coercing employees about voting and prohibit employers from recording employees’ political activities without meeting specific conditions.

What federal protections do employees have?

The National Labor Relations Act (NLRA) protects non-supervisory employees, both unionized and non-unionized, who engage in concerted activities for mutual aid or protection. The U.S. Supreme Court has interpreted this to mean that employees can organize to improve their situation outside the employer-employee relationship. The NLRA limits employers’ rights to restrict non-supervisory employees’ discussions about wages, hours, and other employment conditions. If a protest or rally is considered protected concerted activity, employers cannot take adverse action against participating employees. These protections apply when the political speech or conduct is concerted, closely related to employment, and involves employment terms and conditions under the employer’s control.

Political discussions related to employment issues, such as discrimination or minimum wage, may trigger NLRA rights. Restricting these discussions during non-work time or in non-work areas could violate the NLRA. The National Labor Relations Board (NLRB) has expanded the concept of “protected concerted activity” to include advocacy for non-employees, such as those employed by another employer. NLRB General Counsel Jennifer Abruzzo aims to include social justice and certain political statements, like writing supportive phrases on company uniforms, as protected activities. Former NLRB Acting General Counsel Peter Ohr emphasized vigorous enforcement of protections for employee participation in social justice activities.

Political discussions in the workplace can also trigger equal employment opportunity (EEO) laws. Although no federal law explicitly prohibits discrimination based on political affiliation, such conversations can lead to claims of discrimination, harassment, or retaliation under federal, state, or local laws if they involve race, color, sex, sexual orientation, gender identity, national origin, religion, age, or disability. Employers’ actions in response to political discussions might be perceived as evidence of illegal discrimination. While political speech itself is not covered by Title VII, differential treatment based on a protected characteristic may violate the law.

How should employers manage politics in the workplace?

Any workplace policy on politics must consider activities and communications protected by the NLRA and relevant state and local laws. Employers should develop clear policies that address legitimate business interests and minimize ambiguity about what political activities or expressions are permitted. To reduce the risk of discrimination, harassment, or bullying claims, employers may advise supervisors to avoid political discussions with subordinates. Since supervisors are not protected by the NLRA, these guidelines are especially important. Additionally, any policy must comply with applicable state laws. Implementing a social media policy is also advisable.

As noted above, employers must recognize that state and local jurisdictions often offer greater protections for employees than federal laws. For instance, some states extend First Amendment-type protections to private employees. Additionally, employers should be aware of the distinctions between federal and state EEO laws.

This article summarizes information on politics in the workplace from Littler Law Firm.  To read more about employer and employee protections, as well as other best practices, please see the article here courtesy of Littler.

Reminder:  California Workplace Violence Prevention Plan
This plan went into effect July 1 and contains comprehensive documentation and training requirements.  We provide the resources for the plan and training in our last newsletter here.