Employment & Labor Law Practice Group
As 2024 comes to a close, there are some things your organization should consider for your Workplace Law "To-Do" List. They include:
- Nebraska Minimum Wage Goes Up. As a result of a ballot initiative approved by voters in 2022, Nebraska’s minimum wage is scheduled to increase through 2026. Effective January 1, 2025, Nebraska’s minimum wage is $13.50/hour. Be certain to make the appropriate changes in your payroll systems to account for the increase.
- Get Ready for Nebraska’s New Paid Sick Leave Law. Nebraska voters recently passed an initiative titled the Nebraska Healthy Families and Workplaces Act that will require many employers in the state to provide employees with paid sick time beginning October 1, 2025. Since this was adopted as a statute it’s anticipated the Nebraska Legislature may consider clarifying amendments in its upcoming session. We recently published a Q&A to help guide employers regarding what the law requires in its current form.
- Review and Update Employee Handbook. Employers should review and republish their employee handbook on at least an annual basis. Spend the remaining days of 2024 reviewing and updating your handbook and get it ready for distribution to your workforce in early 2025.
- Review and Update Job Descriptions. One of the first things government auditors ask for in an investigation is your job descriptions. Are they current? Do they accurately reflect the essential functions of the position? Recently a federal court overturned proposed FLSA changes that would have significantly increased salary requirements for “white collar” exempt employees, but many anticipate the Trump Administration will bring forth a modified version. Do your job descriptions contain all of the necessary essential functions of the position, including “reporting to work on time when scheduled”? Spend the time to review and update your job descriptions.
- Independent Contractors. Independent contractors continue to be a “red flag” for regulatory agencies. If you have anyone categorized as an independent contractor, be certain to consult with your legal counsel to ensure that the position is properly classified as an independent contractor and that you have a written agreement in place memorializing such.
- Use Noncompetes? Given the Biden Administration’s antipathy towards nonsoliciation and so-called “stay or pay" agreements such as training agreements as well as state efforts to limit their use, time would be well spent auditing your organization's use of such agreements and evaluating whether they remain enforceable and could survive a legal challenge.
- Audit Your I-9 Practices. President-elect Trump ran on a platform that advocated for the vigorous enforcement of immigration laws. It is anticipated that part of that enforcement will include I-9 investigations and audits of employers. When was the last time you reviewed your onboarding practices to determine whether your organization is in compliance? Do it now—before you are contacted by a federal investigator.
- Review Your Accommodation Practices. In 2024 Equal Employment Opportunity Commission (EEOC) released its final rule implementing the Pregnant Workers Fairness Act (PWFA). The PWFA requires covered entities to provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by or arising out of pregnancy, childbirth or related medical conditions, absent undue hardship. Meanwhile, in 2023 the U.S. Supreme Court altered employer obligations with respect to reasonably accommodating an employee’s religious beliefs or practices, holding that Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantially increased costs in relation to the conduct of its particular business. What are your policies and processes with respect to employee requests for accommodation and how they are handled? Are your managers trained? Prepare now before you become the next test case.
- Review Your DEI Initiatives. It’s expected that President-elect Trump will tap current EEOC Commissioner Andrea Lucas to be the EEOC’s Chair. Lucas, who previously represented employers in employment disputes, has openly criticized diversity-based training programs, diversity internships and other DEI initiatives. Meanwhile, the U.S. Supreme Court is considering a case in which some commentators expect the court will rule that “reverse discrimination” cases are to be evaluated under the same standards as traditional minority discrimination cases. Given this anticipated shift, can your DEI initiatives pass muster? Now is the time to review them.
- Plan and Budget for 2025 Employee Training. The best and most cost-effective step employers can take to reduce workplace law risk is training, especially supervisory training. Tara Paulson and Mark Fahleson of our employment law team routinely conduct training for employers across the region, tailoring the training to the needs of each organization. Budget for training. An ounce of prevention is worth a pound of government audits and litigation.
This article is provided for general information purposes only and should not be construed as legal advice. Those requiring legal advice are encouraged to consult with their attorney.
