Labor Law Compliance Challenges In Changing Times

Labor Law Compliance Challenges In Changing Times

Businesses of all sizes understand that labor law compliance is a big deal. When it comes to labor and employment laws, industry leaders understand that change is the only constant index and this is why it remains important that they continuously update their labor posters to reflect the latest changes.

The ever-changing labor laws and regulations however represent a potential quagmire for companies when they fail to update their posters and information with regards to paid family leave, hiring, safety and sick leave to mention a few.

Failure to keep with the changing rules and regulations also puts companies in the face of significant penalties and ultimately negative publicity, especially in the event an employee files a complaint or suit against them for infringing on their rights.

To ensure that your company stays up to date with the latest trends in the labor law and employment guidelines, below are some of the latest trends you should be aware of.

Job application no-nos

California remains one of the first states to protect convicted felons or those who have been arrested for various criminal offenses by limiting the jurisdiction of employers and companies to ask about their prior arrests and convictions as part of the employment routine. This move has been described as aimed at reducing the rate of recidivism.

With California taking the lead on this regulation, other states are beginning to align with this lead as Connecticut, Hawaii, Illinois, Maryland, and Minnesota have added such laws to their books. The District of Columbia alongside other cities and counties have also adopted this new trend as part of a move to protect ex-convicts as qualified persons with past criminal records.

The latest addition, known as "ban the box" laws, generally forbid private companies from inquiring into the criminal history of an applicant during the hiring process. With the latest update, this generally means that employment forms will no longer ask about prior convictions and arrests or criminal history of applicants after you have deemed them qualified for the job.

Mental health and medical claims

Businesses familiar with the Americans with Disability Act (ADA) and its requirement in terms with provision of accommodation for affected employees, however, there is a new growing trend for cases where employees make claims for emotional or mental health cases and demand reasonable accommodations from employers. This new trend is more likely to grow as increasing number of healthcare professionals are advocating for ways to reduce the stigma associated with mental illnesses.

In addition to this, medical marijuana and its use may also become a difficult issue for employers to deal with soon.

Employment at will

Small business owners more commonly harbor certain misconceptions, especially with regards to the "employment at will" regulations. While many business owners believe the law means they can fire anyone at any time with no reason given, this may be a case for which they may be sued by affected employees on grounds of wrongful termination. If the employee claims to be a part of the protected class, such as national origin, gender, or religion, it may become a big case, and in some states, and municipalities, members of the LGBTQ community may also be privy to such advantages as this, as members of the protected class of employees.

With the increasing changes in labor and employment law, businesses are recommended to stay updated by securing the latest labor law posters offered on

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May 18th 2020 John Oberkircher

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