Cultivating Gratitude is Good for Business (And You)

The science of gratitude and its impact on well-being and business performance is settled. Take time each day to cultivate gratitude for better engagement, performance, and overall well-being.

I’m writing this on the eve of November, a month well-known in the U.S. for Thanksgiving: a day of giving thanks and gratitude. The business community has embraced gratitude as a key action for improving everything from job satisfaction to overall productivity. Many of us have a gratitude practice or have been meaning to reboot an ongoing practice. I hope this article inspires you to cultivate gratitude in the workplace and at home.

The Science of Gratitude

Author Tracy Brower writes in Forbes about the science of gratitude. Consider these data points on the power of gratitude:

I don’t need to tell you that many of your employees suffer from depression, anxiety, and overall stress. We’ve been through a pandemic and all its side effects. Our work environments can be challenging to our mindset and well-being. Though we love remote work at Inspiring HR, it can be challenging for your employees. A recent article highlighted how remote workers are experiencing isolation and mental health dilemmas. Gratitude is not a panacea, but demonstrating gratitude to your team members can be a difference-maker on challenging days.

Cultivating Gratitude: One Thankful Moment at a Time

Our “icon” for Cultivating Gratitude at Inspiring HR is a gratitude jar. Try writing one thing you are grateful for daily, and place it in a jar. At the end of the month, read your gratitude notes. You’ll be amazed at how you feel.

Or, simply take a moment to reflect on one thing or person for whom you are grateful. Name what you are grateful for. (Don’t you feel better already?)

It’s easy to miss the good things in our business lives. After all, we’re paid to solve problems and create value: two things that are often hard to do! But don’t let the problems and what’s not working distract you from remembering what is working for you. Giving thanks and cultivating gratitude invites you to think and act with more patience, presence, and power.

Now that’s something to be grateful for!

Interested in other current employment trends? Click the link to view the recent blog: Drive Small Business Results with Six Simple Gratitude Practices or check back for more on human resources, payroll, insurance, and benefits.

 

Drive Small Business Results with Six Simple Gratitude Practices

As a small business leader, you are focused on productivity, employee retention, and business growth. Leading with gratitude will help you achieve those results—and sustainable, long-term success.

When you think of the actions required for business success, you might first think about satisfying your client’s expectations, lowering your costs while increasing your profit margin, and being agile to changes in the marketplace. As the HR consultancy for small businesses, we want you to add another tool to your toolbox for business success: gratitude.

GRATITUDE MOTIVATES EMPLOYEES TO DO THEIR BEST

The American Psychological Association conducted a study that found that 93% of employees “who reported feeling valued said that they are motivated to do their best at work, and 88 percent reported feeling engaged.

In this time of the Great Resignation and Quiet Quitting, don’t you want the majority of your workforce to feel motivated to do their best and be engaged in your company? 

Showing gratitude to your employees works on an individual level: employees feel more appreciated for their contributions and, as a result, are often more motivated to bring their best to work. Gratitude also can create what scientists describe as the “spillover effect”: individuals become more trusting with each other, and are more likely to help each other out.

IN A CHALLENGING BUSINESS MARKETPLACE, DON’T YOU WANT EMPLOYEES WHO RISE TO THE OCCASION AND WORK BETTER TOGETHER TO SOLVE PROBLEMS? 

6 Simple Practices to Show Gratitude in the Workplace

John Templeton Foundation surveyed 2000 Americans. They found that saying “thank you” to colleagues “makes me feel happier and more fulfilled”—yet only 10 percent acted on that impulse on any given day.

We want you to be among the 10 percent who demonstrate gratitude consistently: so you feel better and your employees feel more appreciated, engaged, and committed to doing their best work.

Following are 5 simple ways to demonstrate gratitude at work: for better results and personal well-being.

  1. Say Thank You 

Employees feel happier and more fulfilled when they are thanked. Make a point to acknowledge and thank your employees for their daily contributions.

  1. Show Appreciation Publicly and Privately 

Acknowledge your employees in private settings, such as in one-to-one check-ins, and in more public settings, such as team meetings.

  1. Write a Thank You Note

Take a few minutes to write a Thank You note to an employee. You’ll be surprised at how many people keep these notes at their desks or workspace as a reminder of your appreciation for their work and hard effort.

  1. Be Intentional

Make sharing appreciation a part of your daily habits routine. Look for opportunities each day to demonstrate gratitude. As Melissa Hughes writes, “Decide that you will look for a reason to express gratitude every day.”

  1. Create a Peer-Rewards Program

Many companies like Zappos have instituted peer-rewards programs, where employees can reward each other for a job well done.

  1. Begin Gratitude at Home

Before your work day begins or as you close out your work day, take a moment to reflect on who and what you are grateful for. The practice of cultivating gratitude can have an immense impact on how you feel about your work, your employees, and your overall satisfaction and fulfillment in your job and career.

As we have written before, cultivating gratitude is good for business. Psychologist Robert Emmons says that making gratitude a policy and a practice “builds up a sort of psychological immune system that can cushion us when we fall. There is scientific evidence that grateful people are more resilient to stress, whether minor everyday hassles or major personal upheavals.”

Showing gratitude in the workplace does not need to be difficult or time-consuming. But it does require that you look for opportunities to demonstrate your appreciation. Try our suggestions and see how much better you feel—along with the positive ripple effects among your employees and colleagues.

Interested in other current employment trends? Click the link to view the recent blog: December Legal Updates or check back for more on human resources, payroll, insurance, and benefits.

December Legal Updates

INFINITI HR is happy to provide Monthly State Labor Law Updates as a service to our subscribers. These briefs provide a general description and are not meant to be all-inclusive of compliance requirements. This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.

Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.

Some of the notable recent and upcoming state changes in this issue are as follows:

CALIFORNIA

 California Pay Transparency and Reporting Updates – effective January 1, 2023

Pay Ranges – Starting in 2023, all employers are required, upon request, to share pay ranges with current employees for their positions.  Records must also now be kept for each employee on their positions held and corresponding wage rates for the entire period of employment plus three years post-employment.

Job postings – Employers with 15 or more employees must include pay ranges on all job postings and advertisements.

Pay Data – As part of the pay data reporting process already in place, employers with 100 or more employees will be required to provide the mean and median hourly pay for each combination of demographic associated with every position reported.

If an employer hires 100 or more employees through labor contractors, a separate report will be required.

Bereavement Leave – effective January 1, 2023

Five days of bereavement leave will be required for California employers with five or more employees.  It must be offered to any employee with 30 days of service upon request for the death of a family member.

The five days of leave do not have to be consecutive, but most be completed within three months of a family member’s death.  At the employer’s discretion, leave may be paid or unpaid, and employees may use PTO, Vacation or Sick Leave to supplement unpaid bereavement leave.

California Family Rights Act and Paid Sick Leave Updates – effective January 1, 2023

Effective January 1, 2023, employers must add a “designated person” to the list of family members to their policies for:

  • CA Paid Sick Leave (all employers); and
  • California Family Rights Act (employers of 5 or more employees)

A “designated person” for Paid Sick Leave is defined as “a person identified by the employee at the time the employee requests paid sick days.  A “designated person” for the California Family Rights Act is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.”

An employer may limit employees to one designated person per 12-month period.

Reproductive Decision-Making Protection – effective January 1, 2023

Starting in 2023, “reproductive decision making” will be considered protected activity and prohibits employers from:

  • Discriminating or retaliating against employees and applicants based on their reproductive decision-making.
  • Requiring applicants or employees to disclose information regarding their reproductive decision-making as a condition of employment, continued employment, or a benefit of employment.

“Reproductive Decision Making” under this law also includes any decision to use or access a particular drug, device, product, or medical service for reproductive health.

 Anti-Retaliation during Emergencies – effective January 1, 2023

Starting in 2023, it will be unlawful for employers to take adverse action or retaliate against an employee for refusing to report to their workplace during “emergency conditions” if they have a reasonable belief that the workplace is unsafe.

An emergency condition is defined by the following situations:

  • Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; and
  • An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.”

For purposes of this law, a health pandemic does not meet the definition of “emergency condition.”

COLORADO

Wage and Hour Enforcement Updates – Effective January 1, 2023

Colorado recently revised its statutes regarding “wage theft” enforcement procedures and remedies for violations of wage payment laws. While criminal liability for failure to furnish information requested by the CO Division of Labor Standards and Statistics (DLSS) has been eliminated, non-compliance penalties of no less than $50 per day have been implemented.

While the bill driving these changes addresses other aspects of Wage & Hour enforcement and employer obligations, the following items are particularly important to note:

  • Beginning January 1, 2023, an employer that fails to pay all earned wages within fourteen days after receiving or being served a “written demand or an administrative claim or a civil action” is liable for the unpaid wages plus an automatic penalty of “the greater of two times the amount of the unpaid wages or compensation, or $1,000.00.”
  • If an employee can show that the employer’s failure to pay was willful, the penalty increases to “the greater of three times the amount of the unpaid wages or compensation or $3,000.”
  • In addition, if an employer fails to pay an employee earned wages, fines or penalties determined to be owed by the DLSS or a hearing officer within sixty days of the determination or decision, the employer will be liable for applicable attorney fees, penalties and fines, as well as a possible lien or levy against their assets.
  • Finally, an employee or the DLSS may bring class action-type wage claims, and employers who take negative action against employees for making or participating in wage investigations may also be directed to reinstate employees and provide back pay in addition to further fines and damages for retaliation.

We Recommend:

Work closely with your payroll team to ensure wages are paid accurately and promptly to prevent significant liability for failure to pay Colorado wages in a timely and accurate manner and ensure that stakeholders understand that there is now a higher financial and business liability when presented with time sensitive written demands for payment of wages determined to be owed.

Delaware

On the Horizon: Retirement plan requirement – Effective January 1, 2025

Beginning in 2025, employers with five or more employees in Delaware that have been in business for at least six months must offer a retirement plan to all employees. We will provide more information about this requirement as it becomes available.

On the Horizon: Paid Family Leave requirement – Effective January 1, 2026

Beginning in 2026, employees in Delaware will be eligible for up to 12 weeks of paid family leave per year. This program will be in place by 2025 and benefits will begin in 2026.

Maryland

Reasonable Accommodation Updates – Effective October 1, 2022

Under Maryland House Bill 78, all employers must make accommodations for all applicants in the job selection process, regardless of if the applicant is qualified for the position.

Retirement Plan Requirements & MarylandSaves– Effective September 15, 2022 

All employers with automated payroll are required to offer a retirement plan unless they have been in business for less than two years. Employers are not required to match employee contributions and if a plan is already in place, can certify they are already in compliance. Employers without a plan can now enroll in MD Saves, a state-run low-cost retirement plan.

Expanded Harassment Definition – Effective October 1, 2022 

The definition of harassment has been amended to remove references to severe and pervasive conduct. The revised definition includes offensive behaviors if they are a term or condition of an individual’s employment; if the conduct is part of employment decisions; or if the conduct creates an environment a reasonable person would perceive as abusive or hostile.

State Paid Leave Benefit – Effective January 1, 2025

Maryland passed the “Time to Care Act of 2022,” establishing a state paid leave benefit to run concurrently with Federal Family and Medical Leave Act (FMLA) leave, if applicable. Once in effect, employees will have the option to request payment for part of their FMLA leave. If the employer is not subject to FMLA, employees will be eligible for paid benefits if they have worked 680 hours over the 12 months prior to the leave request.

Recreational Marijuana – Effective July 2023

The use and possession of recreational marijuana will become legal; however, employers may prohibit employees from possessing marijuana on company property, as well as being under the influence while at work.

Washington, DC

Parking benefits update – Effective January 15, 2023

Employers with at least 20 employees in DC that own or lease parking spaces as a parking benefit must offer alternatives to that benefit in the form of a clean air transportation benefit, developing a transportation demand management plan, and/or pay a clean air compliance fee. Employers must report how they are complying with this requirement by January 15, 2023, and every two years thereafter.

Gradual phase out of tip credit – Effective January 1, 2023

Voters in DC approved a gradual phase out of the tip credit, meaning tipped employees will be paid at the regular minimum wage by 2027. The minimum wage for tipped employees increases as follows:

January 1, 2023: $6.00 per hour

July 1, 2023: $8.00 per hour

July 1, 2024: $10.00 per hour

July 1, 2025: $12.00 per hour

July 1, 2026: $14.00 per hour

July 1, 2027: $16.10 per hour

Interested in other current employment trends? Click the link to view the recent blog: Why It’s Time to Redraw Your Leadership Boundaries or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Why It’s Time to Redraw Your Leadership Boundaries

Today’s business best practices focus on leaders helping employees find better work/life balance and setting healthier boundaries. We believe it’s time for small business leaders to check in with themselves and redefine and redraw their boundaries to be effective, productive, and thrive in their work.

Visit any business news and advice website these days, and you’ll see stories and columns about why leaders need to lean in and help employees with their work/life balance and set better boundaries. It would seem that as a manager, your sole job is the well-being of your employees! As an HR consultancy for small businesses, we advocate for our clients to engage their team members and help support their needs.

But devoting your focus on your employees at the expense of your own needs is not sustainable! That’s why it’s essential that you, the leader, maintain your optimum level of work/life balance. Our recommended solution is? Redraw your boundaries. 

IS WORK/LIFE BALANCE OUTDATED?

In business, we’ve talked for years about work/life balance. It’s a noble aspiration: finding that “sweet spot” when you’re giving your time and energy to advance your business goals while reserving the necessary time to enjoy your life outside of work.

I don’t know many people who feel they have got “work/life balance” figured out. Unfortunately, all it takes is a new business opportunity or a business setback to throw your balance off!

Work/Life balance is undoubtedly worthy of aspiring to achieve. But we believe a more practical way of thinking about your role as a leader in driving your business forward is to focus on improving your work/life boundaries.

What do I mean by this?

Do you find yourself:

  • Overcommitting to projects?
  • Being available 24/7?
  • Thinking about work while you’re with family and friends?
  • Working while on vacation?
  • Shouldering more and more of your employees’ burdens and needs?

If you answered Yes to any of these, you might want to redraw your boundaries: what you are committed to saying yes and no to. After all, if you are feeling the signs of burnout or compassion fatigue, you are not serving your company—or yourself—as well as you could if you were more rested and relaxed.

Just consider these scenarios:

  • A top employee begins missing deadlines and making mistakes
  • A vital client announces she’s taking her business elsewhere
  • Your business revenue goals are in jeopardy of not being achieved

Now, imagine that you’ve been running ragged, working late in the evening and on weekends. You’ve been feeling like you’re not taking the time to think and plan because there are too many fires.

Are you in the best position to address those three scenarios I described above? Or, are you more likely to “underthink” how to solve those challenges?

I know what my answer would be!

Now, imagine that you have been setting better boundaries for yourself:

  • Employees know your availability window and honor it
  • Your schedule is structured so that you create time for long-term projects AND putting out fires
  • You go on vacation with your family and return to work refreshed and restored

How might you be even more capable and on point to address those common work challenge scenarios I described above?

That’s what I mean about redrawing your boundaries: when we are clear on what we need to be our best and maintain those boundaries, we show up better to our colleagues, clients, employees, and family.

SETTING BETTER WORK/LIFE BOUNDARIES

What boundaries have you let slip?

Here are typical examples we see:

  • Being available 24/7 to employees and clients
  • Putting off planning and reflection
  • Blurring the lines between work and home life
  • Taking on more and more without delegating or saying no to other projects and needs
  • Not addressing the warning signs of burnout and fatigue
  • Letting self-care practices go by the wayside

What boundaries have you let slip? What boundaries do you need to redraw?

You might be thinking, “But Mindy, you should see my schedule. I can’t stop everything to redraw my boundaries! I’ll let important opportunities slip through the cracks or let others down!”

I get it. I run a growing HR consultancy for small business owners and leaders. I speak from the experience of working with clients with multiple balls in the air, and I am juggling a lot myself! But it’s vital we set better boundaries. Or else, we’re likely to make mistakes, lose patience, snap at a team member (or client!), or not have the energy to do our best work.

Next, let’s explore practical ways to begin redrawing your boundaries.

REDRAWING YOUR BOUNDARIES

First, decide your most significant area of need for redrawing your boundaries. Following are several prompters. We’ll start by exploring what you want more of and what you want less. From there, we’ll begin redrawing better boundaries for your life.

MORE OF
  • Do you want more time being OFF the work clock?
  • Do you want to think less about work when you’re away from work?
  • Do you want more time to devote to more significant projects (and spend less time putting out fires)?
LESS OF
  • Do you want fewer disruptions in your work?
  • Do you want fewer “3 AM Thoughts” about work that keeps you up at night or in a state of stress?
  • Do you want to feel less fatigue and burnout?

REDRAWING THE BOUNDARY LINES

Now, let’s begin redrawing boundaries. But first, I want to caution you not to overcorrect! For example: announcing tomorrow morning to your team your “New Rules” of engagement, which are so radically different than the day before that you give everyone whiplash!

In other words, make gradual and incremental changes. You didn’t allow your boundaries to get trampled overnight. It was likely a gradual process. Apply that same incremental approach to redrawing your boundaries. It will not only help avoid giving your team whiplash, but you will probably find better success at improving and maintaining your healthier boundaries.

Ask yourself:

  • What is one thing I can do beginning tomorrow to help bring me more time, energy, or focus in my work?
  • What is one thing I’ve put off doing that will ultimately help me feel more balanced, grounded, and focused in my work?
  • What is one thing that, if I do it consistently, will help me feel more productive in my work?
  • What is one thing I can coach, teach or tell my employees that will help them perform better and lighten the stress I’ve been carrying?
  • What is one boundary that I will declare is non-negotiable—and will defend no matter what?

If you’re reading this, you’re most likely a high-performer driven to succeed. So my last suggestion is probably the most crucial suggestion I can offer you!

WRITING YOURSELF PERMISSION SLIPS

It might not feel comfortable for you to say no or “not yet” to employees, clients, and other people who count on you. If you’re working from home or in a hybrid environment, you might recognize how hard it can be to maintain boundaries: after all, you work where you live. There’s no office commute to create separation between your home and work lives.

That’s why I suggest writing yourself permission slips:

  • To close your work day at the same time each day so you can focus on family and personal activities
  • To go on vacation and set clear boundaries when you are and are not available
  • To spend the weekend enjoying your life and not sitting at the computer sending “one last email.”

So write yourself permission slips: literally, writing “I give myself permission to …” can interrupt your old patterns of blurring your boundary lines.

This suggestion is far from a “nice to have.” On the contrary, you need to enjoy the quality of your work and life and remain energized, creative and inspired.

LEADING BY EXAMPLE

As I mentioned at the beginning of this article, the popular business articles and thought leadership of the day revolves around what to do for your employees to retain them and help them through their challenging moments. We advocate and help support our clients in creating and maintaining thriving, engaged work cultures. But we also know that one of the best ways to train and support employees is to lead by example.

When you demonstrate healthy boundaries, your employees model your behavior.

When you stay committed to your self-care practices, your employees model your behavior.

When you are honest about your limitations and needs and share proactively and respectfully, your employees model your behavior.

So lead by example. As Gandhi said, “Be the change you wish to see.”

Start by redrawing your boundaries. Then help your team to do the same.

Interested in other current employment trends? Click the link to view the recent blog: Hardwiring a Winning Small Business Culture or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Hardwiring a Winning Small Business Culture

A winning team is an energized team. Celebrate the wins to increase employee engagement, productivity, and performance.

If you’re reading this, you have cause to celebrate. What we’ve been through since the pandemic is breathtaking. I don’t know of any small business leader who hasn’t experienced widespread and sudden change since 2020.

It’s time to celebrate the wins. Your wins as a business leader and the wins among your employees. A winning team is an energized team. And an energized team performs with higher engagement, productivity, and performance.

Celebrate the wins, so you create more wins in the future.

At Inspiring HR, we uncomplicate HR and empower small businesses. Here are just a few of our clients’ wins that you’ve likely had, too, which you should celebrate:

  • Embracing a hybrid or all-remote employment model
  • Keeping great team members in a highly competitive job market
  • Correcting difficult employee interactions without incurring labor law risks
  • Getting the right hiring and retention practices in place
  • Converting your employee files to paperless
  • Winning an unemployment claim because your documentation and process was ironclad
You might think celebrating the wins is just a feel-good move with ROI. It’s anything but!

BJ Fogg, Ph.D., a scientist at Stanford University, teaches the Fogg Behavioral Model, which he calls “Tiny Habits.” (His book has over 3,800 5-star reviews.)

Fogg’s groundbreaking work on breaking negative habits and creating positive habits requires that we celebrate to make good habits stick. His research shows that we change best when we feel good.

So celebrate the wins. Big and small. Your wins and your team’s wins. 

Celebrating the wins also helps us to overcome Negativity Bias. This cognitive bias results in adverse events having a more significant impact on our psychological state than positive events.

I suspect you’ve had your share of challenges and setbacks in the last few years. Because of our brain’s bias for negativity, we remember the bad more acutely than the good.

So celebrate the wins, so you remember the Big Picture: the good things, along with the not-so-good. 

You may have experienced setbacks but also demonstrated resilience, strength, and overcoming challenge. You may have learned valuable lessons. That’s cause for celebration!

Celebrate the wins, so you feel more optimistic, confident, and committed to creating more wins.
How to Hardwire a Winning Small Business Culture

Personal

  • Write down 3 wins for the day. They could be small wins or big wins.
  • At the end of the week, count up your wins.
  • Then celebrate!

During Check-Ins With Employees

  • Recognize your employees for their wins and contributions to the company
  • Invite them to share their wins.
  • You might learn that your employees are bringing even more value to the company than you realized!

During All-Hands Meetings

  • Kickoff the meeting by celebrating recent wins
  • Acknowledge employees for their wins and contributions
  • Encourage employees to recognize their colleagues
  • Celebrate together

You might be facing uphill battles right now. There may be any number of challenges weighing on you. It’s understandable to be focused on what’s not working, so you can plan and execute strategically and effectively.

But don’t neglect the power of celebrating the wins. A winning team is an energized team. And that positive energy can be vital in helping your business win in the future.

Interested in other current employment trends? Click the link to view the recent blog: Top HR Small Business Needs Checklist or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Strategies to Engage Remote Employees During the Holidays

Remote and hybrid employees enjoy the perks of working from home. But working remotely can have a physical and emotional toll—especially during the holidays. Learn strategies to engage employees during the holiday season for better performance and connection.

Since the pandemic, the holiday season has been difficult for most people, including your employees. Many could not be with loved ones, and spending time with others meant concerns about COVID-19. As we head into the 2022 holiday season, your employees’ list of concerns continues to mount, including grief, inflation, financial stress, social unrest, and the continuation of remote and hybrid workplaces.

Many businesses have switched to long-term remote work or hybrid environments, which many employees have embraced and celebrated. However, working remotely can leave employees feeling more isolated from coworkers and family at a time of year that celebrates coming together and human connection.

As a leader, it’s important that you be aware of the mental and emotional dynamics impacting your employees. In addition to the emotional struggles during the holidays, an added challenge for your remote employees is often the reduction in physical activity.

According to a recent article from Forbes

“The ramifications of the extreme lifestyle shift in 2020 through early 2021 resulting from the pandemic are far-reaching, likely to have ripple effects for many years to come. 49 percent report having less energy for nonwork activities.”

Among other statistics, participating survey respondents reported to Forbes that:

  • 60% of employees admit cutting their mobility by over 50% since working remotely.
  • The average remote worker commutes just 16 steps from their bed to their workstation.
  • On a typical remote workday, one in three workers sit in their work chairs the entire day, and 63% walk only to the bathroom or kitchen. Meanwhile, 24% of remote workers never leave their homes.
  • Nearly half of all remote workers estimate they take fewer than 1,000 steps during work hours, despite the 8,000 steps per day recommended by health experts.

These struggles are likely to be exacerbated over the holiday season. But there are steps that companies can take to support staff through the holiday season.

STRATEGIES TO SUPPORT REMOTE EMPLOYEES DURING THE HOLIDAYS

One-to-One Meetings  

Proactively check in with your employees by setting up frequent one-to-one meetings and asking questions about how they are doing. Allow employees to provide feedback on where they stand on work-related matters and how they are coping with the holiday season on a personal level. Every employee will embrace the holidays differently. Listen and validate feelings while tackling year-end business demands. Treat information shared in these meetings as confidential and provide additional support when necessary.

Reward Physical Exercise via Work Schedule Flexibility  

The time crunch for the holidays can be challenging. Allowing employees flexible work schedules, 4-day work weeks, and PTO or other leave time could benefit productivity in the long run but also affords employees a chance for self-care and physical activity. Encourage employees who have not taken much leave this year to take some time off, if possible. If your business offers discounts on gym memberships or access to apps that focus on activity, be sure to remind employees through general communication campaigns so that individuals don’t feel targeted.

Actively Promote Self-Care

Long-term stress, or the “fight or flight” response, can lead to prolonged periods of elevated cortisol in the body, which can contribute to the development or worsening of conditions such as anxiety, depression, post-traumatic stress disorder, and weight gain. Managers should role model and encourage employees to set boundaries with work commitments, maintain a well-balanced diet, get daily exercise, plenty rest and hydration. Self-care also includes financial stability. If your business has access to financial coaching or resources for employees, be sure they know them as part of their holistic wellness routines.

According to the Centers for Disease Control and Prevention, “Poor mental health and stress can affect an employee’s job performance, productivity, communication with coworkers and daily functioning.” Which makes the importance of addressing work-life balance and self-care routines to combat increased stress a critical investment in the health of your organization.

Schedule Holiday Virtual and In-Person Work Events during Regular Office Hours  

By doing so, this allows employees to use their valuable free time to take care of personal holiday responsibilities and activities. Workplace holiday events that occur during “after hours” can add stress to already busy schedules.

Acknowledge Those Who Are Dealing with Loss

Sadness during the holidays is common for those who have experienced the death of a loved one or a pet, a failed significant personal relationship or other loss. Employees could be facing recent loss and may not be spending as much time with family and friends who can support them. Being supportive and checking in on them is an important leadership practice.

Remind Employees about Outside Assistance Programs  

It is a good time to remind employees about the help that is available through employee assistance programs (EAP) if your company utilizes these services. Many EAPs have 24-hour phone crisis support and allow for confidential short-term counseling. Additional help an EAP can provide includes referrals for programs that offer specialized care, services that help manage stress, and programs for substance abuse. Regional and national teen and adult Suicide Prevention Hotlines are also available 24 hours a day at 800-273-8255 (national).

Reprioritize Year-End Goals and Deadlines

Company leaders should empower their managers to dedicate more time to employee engagement activities during this holiday season. Reprioritize year-end goals and deadlines, moving less critical ones to first quarter 2022 to help alleviate added pressure and stress on valued managers and employees.

Acknowledge Your Employees in New Ways Instead of Throwing Parties

If you have an all-remote or hybrid workforce, hosting an in-person party may not be feasible. In addition, you may have employees who cannot travel or would prefer not to travel. Instead, send gifts to employees at their homes, and write genuine notes of recognition, praise, and encouragement through internal organizational channels.

Interested in other current employment trends? Click the link to view the recent blog: Top HR Small Business Needs Checklist or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Top HR Small Business Needs Checklist

Is your small business on top of its HR needs? Not to worry. We’ve put together a Top HR Small Business Needs Checklist for you!

We work with small businesses across the country in states like Virginia, New York, California, Colorado, and more! Every state has different compliance laws that change frequently, which is why we regularly advise our clients of labor law updates. With that said, there are universal HR business needs that small business leaders should be aware of and keep up to date.

We’ve provided an infographic and resources below to help close your HR needs gaps. Take some time to check the boxes to ensure your company is up-to-date.

HR Small Business Needs Checklist

Employee Handbooks

For employee handbooks to be useful, they need to be current. Here are the most common suggestions for updates we share with our small business clients:

  1. Culture Changes: is it time to revisit and evaluate your policies to reflect your current company culture?
  2. Requirements: are there new requirements to notify employees as a result of the growth of your business or changes to how you do business?
  3. Legal: are there any policies in your handbook that may now be illegal based on changes in state and federal labor laws?
  4. Regulations: is your handbook up-to-date with current state and federal regulations?
  5. Employee Classifications: are you and your employees clear on the difference between Exempt and Non-Exempt status?
  6. Cellular Phones to Mobile Devices: Do you have a clear policy covering rules on the use of a company-issued phone or mobile device while working or driving?
  7. Confidentiality and Non-Disclosure Protections: are you asking employees to sign a CNDA at the time of hire? If so, is this policy reflected in the handbook? Is your policy for recovering lost property, or is the protocol for returning company property at resignation or dismissal current in your handbook?

Additional Resources

Paid Sick Leave Policy 

State and federal labor laws change frequently. Do you understand current laws clearly, and is this clear across your management team?

Paid Family Leave Policy

As with paid sick leave, paid family leave laws at the state and federal levels continue to change, and we advise our clients on labor law updates. Make sure you know the current laws and manage your company accordingly.

Additional Resources

Employee Classification and Status

Common classifications break down the difference between “full-time” and “part-time” status for companies, but there are also employee classifications for jobs offer varying compensation, duration, and work hours such as on-call, seasonal/temporary, volunteers, and interns.

“Misclassification” most commonly happens when determining who is an employee versus an independent contractor.  On a federal level, both the Department of Labor and the IRS have a test to examine if an employee can be lawfully defined as a contractor. But beware! Several states follow a more rigid set of rules for this category, leaving a person to be potentially an independent contractor under federal guidelines, but an employee under the state guidelines. So what do you do? In cases like these, the more strict of the two would apply. Have you reviewed your federal and state compliance on this topic?

One of the most frequent questions we get from small businesses is how to explain the difference between exempt and non-exempt status.  Exempt meaning if someone can be exempt from requirements set by the Fair Labor Standards Act (FLSA) and the benefits provided by it.

Following are resources to help you if you are unclear about the differences. But, as with all our resources, it is strongly suggested that you seek HR or legal consultation before making policy decisions.

Additional Resources

Job Descriptions and Job Postings

Are your employee job descriptions current? Since 2020, many of our small business clients have re-imagined their employees’ job responsibilities. Are your job descriptions current? If they are not, it may be difficult to evaluate your employees’ performances properly, and for your employees to feel their performances are being evaluated fairly.

Job postings are the “public facing” element of job descriptions: what you share on job-posting sites. Are your job postings competitive and enticing to top talent? Do your job descriptions meet potential state requirements for pay equity and pay transparency? If not, consider revising so you compete for the best talent.

Additional Resources

Whistleblower Compliance

According to SHRM, numerous federal and state statutes and the common law in many states provide whistleblower protections. Do you know what your state and federal whistleblower protections are?

Employers should do whatever possible to try and ensure that whistleblowers in their company are not identified, which minimizes the risk of co-worker ostracism. Do you have policies and procedures to protect the identity of whistleblowers?

Additional Resource

Salary and Wage Fairness

According to a 2019 survey, only half of employees think they’re paid fairly, even fewer think that everyone in their organization is paid fairly. At a time of record inflation and high competition for top talent, evaluate your salary and wage policies to ensure they are fair, equitable, and meet employees’ expectations.

Benefits

For many small businesses, the summer and fall are prime seasons for evaluating insurance and other benefits. As with any important business endeavor, give yourself the time necessary to make informed choices about your company’s benefits packages. You may need more time this year to ensure your offer is aligned with your business budget while remaining competitive with what other companies offer.

Interested in other current employment trends? Click the link to view the recent blog: Four Strategies for Hiring and Retaining Top Talent in the Post-Pandemic Workforce or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Four Strategies for Hiring and Retaining Top Talent in the Post-Pandemic Workforce

Learn new strategies to hire and retain top talent for your small business—without breaking the bank or adding complexity to compensation packages.

The speed of change in the business landscape is still in overdrive. As of July 2022, the rate of inflation is outpacing wages. As a result, small business leaders are struggling with understaffed departments and face record numbers of employees reporting burnout.

Our partners at Inspiring HR recently hosted a webinar for clients to address hiring and retention best practices for the post-pandemic workforce. During the webinar, Inspiring HR consultants shared ways to address employee burnout, get creative with compensation, and offer flexibility in work schedules to create a win-win for your company’s bottom line and your employees.

THERE ARE FOUR STRATEGIES FOR HIRING AND RETAINING TOP TALENT IN THE POST-PANDEMIC WORKFORCE:

  1. Learn to spot and mitigate employee burnout
  2. Get creative with employee compensation
  3. Rethinking job design and workloads
  4. Provide flexible work scheduling options

Let’s explore each and share ideas and solutions to help you hire and retain top talent.

Employee Burnout

As a manager or leader, you want to spot burnout early so you can address your employees proactively. So, how do you know when a star employee is approaching burnout?

Burnout Warning Signs:
  • A star employee exhibits more negative, cynical, or emotionally volatile behavior
  • A star employee begins showing up to work late or missing deadlines

The simple (and sad fact) is that most of us are experiencing some level of burnout.

The chances that your best employees are on the burnout spectrum are high. The pandemic and other changes in our work and home lives over the past 2+ years have taken their toll. Assume that your employees are experiencing burnout, even if their outward behaviors don’t show it yet.

How to Support Your Burned-Out Employees:
  • Remember we’re all human. What happens to an employee outside of work will impact their lives and performance at work.
  • Utilize empathy. Ask, “How are you doing?” Begin a conversation. Do this before you schedule a performance review to address problem behaviors. Start by acknowledging the person before addressing job performance.
  • Verify that your company culture encourages open and supportive conversations. Ask yourself: is my company rewarding employees for “compartmentalizing” their lives and leaving their feelings on the shelf? While it is important to have boundaries in the workplace, your workplace culture should invite employees to be open with their feelings so managers and leaders can address them thoughtfully and effectively.
  • Use this ice-breaker to begin a conversation: “I recognize that recent news events and life today may be hard for you. What can I do to support you?” This acknowledgment can be a gateway to inviting your employees to do their best work by showing up their best.
  • Ask the employee to weigh in on how to perform the job duties while attending to their personal needs. You might say: “We are a business, but we also want you to take care of your personal needs. What can we do to find a win-win?” One of our clients asked an employee exhibiting burnout what the company could do to help the individual. The employee asked to arrive at work 30 minutes later to attend to personal needs in the morning. That slight shift from the employee’s start to the workday allowed the employee to show up well to work, get the job done, and thrive.
  • What if you think you are being taken advantage of by poor-performing employees? You might say, “I think we’ve hit a point where we need to discuss the essential duties of your job.” Then begin that performance improvement conversation. But first, check in with yourself to ensure you are in the right headspace and leading with empathy. (Remember: you might be experiencing burnout, too!)
  • Watch for red flags when employees note illnesses, disabilities, etc. Contact your HR consultant to avoid unnecessary risk before discussing performance improvement plans.
Approaches to Creative Compensation 

If you’ve been to a grocery store or gas station recently, you know that wages are not pacing with the steep rise in inflation. Everyone is feeling crunched right now. Unfortunately, there is not a perfect “rule book” on how to address compensation, given the hyperdrive changes in the economy. This is both a positive and a potential negative. The good news is that this is an invitation to think holistically and creatively about compensation. On the other hand, it’s a challenge because we don’t know whether our solutions will work out. With that said, we’ll share now what is working with our other small business clients.

How to Think Creatively About Compensation:
  • Reward top employees with low-cost compensation solutions like $50 gas cards to help relieve some of the pain from going to the gas pump.
  • Leverage one-time-only compensation strategies, such as spot, referral, and retention bonuses. These compensation strategies can be paid out without increasing your company’s operating budget long-term.
  • Incentivize employees with profit-sharing when specific company goals are met. This strategy “lifts all boats.”
Reimagining Job Design and Workload

There has been a seismic shift in how people work since the pandemic, and that pace of rapid change continues. As a result, you’ve likely re-evaluated your employees’ jobs and workloads at different points during the pandemic. We recommend maintaining a consistent evaluation to ensure the job design matches the company’s needs and your best employees are set up for ongoing success.

How to Reimagine Job Design and Overall Workload
  • Ask these questions:
    • What has changed in the job?
    • What is required to be successful in the job?
    • What new skills are needed to ensure the job is done at optimum levels?
  • Involve the employee responsible for the job in the decision-making process. This will help with engagement and overall buy-in and gain key insights.
  • Involve the manager and leader in the job design process. Have each person (including the employee) write down what they believe the current job design should be, along with what’s working and not working.
  • Together, document the updated job description.
Best Practices for Writing Job Descriptions

At INFINITI HR, we consult with clients on best practices in writing job descriptions. A well-written job description helps to support hiring, overall performance, compliance, and delivering feedback to the employee. The following are essential best practices in writing or updating your company’s job descriptions:

  • List no more than 15 essential duties only.
  • If the job description is for a manager or leader, the first essential duties are what the employee is expected to do to serve as a manager or leader.
  • Write the job description to clearly designate if the position is exempt or non-exempt status.
  • If you’re still operating on the belief that 40 hours is considered “full-time status,” think again. Work-life integration is essential to avoid employee burnout, and studies suggest that a 40-hour work week is arbitrary, and does not correlate to higher productivity or overall “value” to the company.
Flexible Work Schedule Options 

Work flexibility was a hot topic during the early days of the pandemic and continues to be an essential conversation in the post-pandemic workforce. Giving employees more freedom when and where they want to work is an excellent strategy for small businesses to recruit and retain top talent.

Following are ideas to provide more flexible work schedule options:

  • Offer more part-time roles in your company as many employees are opting for less pay in return for more time off.
  • Offer a compressed work week: for example, offering employees the opportunity to work 4, 10-hour shifts in return for a shorter work week.
  • Offer flex time so employees can come and go from the workplace more freely, provided expectations are made clear for attending meetings and events.
  • Offer floating holidays: discretionary holidays that employees can use and paid time off.

Flexible work schedule options give you more tools to recruit and retain top talent. But there are a few cons to consider before adjusting your company policies:

  • It can be a challenge to execute flex work policies
  • It’s vital to set clear expectations for employees
  • Not every industry can support flexible work schedules, such as customer service, medical, and manufacturing.

So, where do you start? 

  • Conduct an employee survey: find out what they want? Find out what added flexibility means to them as a way to generate ideas.
  • Be transparent with employees: let them know you are testing new ways to provide a better work experience and reserve the right to change your policies.

Interested in other current employment trends? Click the link to view the recent blog: Small Business Leaders: It’s Harvest Time or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

Small Business Leaders: It’s Harvest Time

You’ve invested in yourself, others, and your company. You’ve gained new skills and insights. You’ve worked to develop your employees. You’ve accomplished so much. Now it’s time to harvest all that value.

We’re writing you as we head in November: a time for harvesting. We think about farmers harvesting the crops. All that hard work pays off in a bounty of food to carry us through winter and into spring. Are you harvesting the value you’ve created?

Think about all you’ve done and overcome in the last several years. Think about all the challenges: especially the new challenges you may not have likely experienced before. (I personally have never worked and navigated through a pandemic. I suspect the same is true for you.)

So my suggestion: harvest your value.

Harvest your hard-won insights.

Harvest your new knowledge.

Harvest the contributions of your employees. Your best employees have brought you and your company so much value. It’s time to reflect on their value and harvest their contributions for the next season of your business’s growth.

Preparing for the Next Season

As I write this in the fall of 2022, we’re either in a recession or heading into one. As the saying goes, “Winter is coming.” So, harvest all your hard-won bounty: your innovations, your problem-solving abilities, your ability to remain agile in an uncertain economy.

In other words: leverage all you’ve created. 

We don’t need to tell you that winters can be challenging. Winters can be harsh, gloomy, and cold. So, we harvest the hard work we’ve put into building our company so we can enjoy collaborating with our team members and clients, even when the skies are grey.

What about you? What will you harvest?

Will it be your confidence after navigating a difficult two-plus years of the pandemic?

Will you harvest the deep bonds you’ve built with your employees so your team works even stronger and better together?

Will you harvest the insights that led you to create even more value for your clients?

Will you harvest your flexible work culture, which, as HR professionals, we want to remind you is HIGHLY valued in today’s workforce?

Look Back, Then Look Ahead

Fall is a time of harvest and a time of looking back and reflecting. Reflecting helps us appreciate where we’ve come from. What we’ve learned. What we’ve overcome.

In other words, take stock of all the value you and your company have created. Appreciate how much better your company is today as a result of your hard work and the hard work and dedication of others in your company.

Prepare for the Next Harvest

Use this time to reflect on your well-earned harvest. That way, you can make smart decisions about your next season’s work. Business, like life, follows seasons. What we do to prepare and nurture the fields in the spring helps the yield be more prosperous in the fall. Likewise, what plans you follow to build your organization and the skill sets of your employees will help to yield productivity, growth, and innovation in the future.

What opportunities lay ahead for your current workforce?

What training and feedback do your employees need to grow?

What do you need to do to help your business evolve?

Whether you are reading this in the fall of 2022 or the summer of 2025, take some time to harvest the value you’ve created. Give yourself permission to stop and appreciate all you’ve accomplished, created, endured, and overcame.

Then create your next plan, prepare the fields for the next season, and be ready to receive the next harvest.

Interested in other current employment trends? Click the link to view the recent blog: October Legal Updates or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.

October Legal Updates

INFINITI HR is happy to provide Monthly State Labor Law Updates as a service to our subscribers. These briefs provide a general description and are not meant to be all-inclusive of compliance requirements. This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.

Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.

Some of the notable recent and upcoming state changes in this issue are as follows:

CALIFORNIA

2022 Supplemental Sick Leave Extension – Effective October 1, 2022 

COVID-19 related Supplemental Sick Leave (SPSL) has been extended through December 31, 2022, for employers with 26 or more employees.  Employees are not eligible for an additional allotment of time, but may continue their remaining balances for reasons and under the parameters outlined in the FAQs through the end of the year.  An updated poster should be displayed in the workplace and/or sent to any remote employees working in California. SPSL was previously set to expire for affected employers on September 30, 2022.

Maryland

Reasonable Accommodation Updates – Effective October 1, 2022

Under Maryland House Bill 78, all employers must make accommodations for all applicants in the job selection process, regardless if the applicant is qualified for the position.

Retirement Plan Requirements & MarylandSaves– Effective September 15, 2022  

All employers with automated payroll are required to offer a retirement plan unless they have been in business for less than two years. Employers are not required to match employee contributions and if a plan is already in place, can certify they are already in compliance. Employers without a plan can now enroll in MD Saves, a state-run low-cost retirement plan.

Expanded Harassment Definition – Effective October 1, 2022 

The definition of harassment has been amended to remove references to severe and pervasive conduct. The revised definition includes offensive behaviors if they are a term or condition of an individual’s employment; if the conduct is part of employment decisions; or if the conduct creates an environment a reasonable person would perceive as abusive or hostile.

State Paid Leave Benefit – Effective January 1, 2025

Maryland passed the Time to Care Act of 2022, establishing a state-paid leave benefit to run concurrently with Federal Family and Medical Leave Act (FMLA) leave. Once in effect, employees will have the option to request payment for part of their FMLA leave. If the employer is not subject to FMLA, employees will be eligible for paid benefits if they have worked 680 hours over the 12 months prior to the leave request.

FOURTH CIRCUIT STATES – MD, NC, SC, VA & WA

Gender Dysphoria Must Be Accommodated Under The ADA – Effective August 2022

In August, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with gender dysphoria. This decision is the first decision by a federal appellate court on this issue.

The Fourth Circuit’s decision potentially has broad implications for employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Under this decision, employees experiencing gender dysphoria are entitled to the protections of the ADA, including reasonable accommodation. Accommodation requests for gender dysphoria could conceivably arise for restroom usage, employer-provided housing, task and shift assignments, and leaves of absence for medical treatment. In addition, employees are protected from discrimination, harassment, and retaliation on the basis of gender dysphoria under the ADA. Therefore, employers should ensure that employees with gender identity disorders are offered accommodations.

Washington, DC

Non-compete ban – Effective October 1, 2022

Washington, DC updated its restrictions around non-competes. Changes do not impact agreements signed before the effective date for the following changes:

  • Employers in the television, radio, cable, satellite, or broadcasting industries are banned from requiring non-compete agreements, except for sales representatives
  • Employers are only allowed to require and enforce non-competes with employees making $150,000 or more per year, for a period of one year after employment separation
  • If in the medical field, employers are allowed to require and enforce non-competes with employees making $250,000 or more per year, for a period of two years after employment separation
Tipped Workers – November 2022 Ballot Initiative and General Reminders

For DC employers with tipped employees, doing away with the tip credit over a five-year period is on the ballot in November under Initiative 82. Employers claiming the tip credit must comply with the Tipped Workers Fairness Amendment Act of 2018 by:

  • Adopting a sexual harassment policy
  • Posting the DC Office of Human Resources sexual harassment fact sheet
  • Certify using the DC OHR portal the policy and fact sheet are disseminated to employees
  • Arrange for sexual harassment training using a certified provider
    • To employees: within 90 days of new hire and every two years thereafter
    • To supervisors, managers, and owners: every two years
  • Certify training is complete through the portal
  • Report summary information about harassment complaints received each year

FEDERAL CHANGES

EEOC New Mandatory Poster – Effective Immediately

The EEOC has replaced the “EEO Is the Law” poster with an updated “Know Your Rights” poster. Currently, the poster is available in English and Spanish — other languages will be available later. Print and post the 8.5” x 11” PDF pages to replace the previous “EEO is the Law” poster at each workplace or jobsite, and/or email electronic copies to your remote workforce.

Posters should be placed in a conspicuous workplace location where notices to applicants and employees are customarily posted. In addition to physically posting the notice, employers are encouraged to digitally post the notice on their web sites in a conspicuous location. The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to both applicants and employees with disabilities that limit mobility.

DHS Extends Form I-9 Requirement Flexibility for Remote Workers – Effective Immediately

The Department of Homeland Security (DHS) has extended flexibility in completing I-9 forms for remote employees to July 31, 2023.

This means that employees hired between April 1, 2021 and July 31, 2023, who work exclusively in a remote setting, are temporarily exempt from the physical document inspection requirements by the employer when filling in Section 2 of the I-9 form.

Visit the US Customs and Immigration Service site here for more information on how to obtain, remotely inspect, update and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Employers are encouraged (but not yet required) to begin in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and whose eligibility documents were remotely inspected.

E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Effective March 3, 2022

The name of this Act tells you what you need to know:

  • ​The Act gives employees the option to invalidate arbitration agreements and class or collective action waivers with respect to sexual assault and sexual harassment claims. This means employees may choose to either arbitrate these claims or pursue them in court, regardless of any contractual agreements with their employers.
  • The Act applies to all claims reported after March 3, 2022, regardless of the date the arbitration agreement was signed. The Act does not affect claims that arose before March 3, 2022.
  • The Act does not affect otherwise valid arbitration agreements for claims that are not related sexual assault and sexual harassment.
  • Future litigation is anticipated over the scope and interpretation of this law.

If you utilize arbitration agreements, we recommend consulting with an employment law attorney regarding any changes needed as a result of this Act.

Federal Contractors – Functional AAP Plan – Effective September 21, 2022

For government contractor clients, particularly those with a Functional Affirmative Action Plan in place or interested in setting one up: there is a new agency Directive outlining how to request a new agreement or extending an existing agreement. Impacted contractors can find out more about the new directive here.

Interested in other current employment trends? Click the link to view the recent blog: What is Quiet Quitting and What to Do About it or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making policy decisions.