Ideas for Workplace Accommodations
The US Department of Labor (DOL) has a new tool, the Situations and Solutions Finder, that provides access to more than 700 accommodation ideas for workers with disabilities and their employers.
The DOL’s Office of Disability Employment Policy provides public access examples of workplace accommodations shared by customers of the Job Accommodation Network (JAN). The database includes examples drawn from organizations of different sizes from both the public and private sectors and a variety of industries.
Users of this new tool can filter and save results by disability, limitation, and/or occupation. If you need more assistance, you can contact JAN by email for free assistance.
New Framework to Guide Employers Using AI Recruiting and Hiring Tools
The Partnership on Employment & Accessible Technology (PEAT), an entity funded by the DOL’s Office of Disability Employment Policy, created and published the AI & Inclusive Hiring Framework.
This resource describes 10 “focus areas” for employers to consider when using AI recruiting and hiring tools. The goal is to help minimize the risk of algorithmic discrimination on the basis of disability. It also offers resources for job seekers, workers, and AI experts.
DOL’s Overtime Threshold
The Fifth Circuit Court of Appeals recently affirmed the DOL’s authority to set salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). The DOL has scheduled a salary threshold increase that will raise the weekly salary requirement for exempt employees from $844 to $1,128 ($58,656 a year) this coming January.
On July 1, 2024, the threshold was increased to $844 per week ($43,888 a year), up from $684 per week ($35,568 a year).
Business groups and some states had argued that the DOL was exceeding its authority, but the court ruled that the DOL has the power to define salary levels as part of its regulatory responsibilities.
California Updates
Several new employment-related laws will take effect in California on January 1, 2025. These include a ban on religious, political, and anti-union captive audience meetings, expansion of paid sick-leave rights, and a prohibition on employers stating that a driver’s license is required for a job, unless driving is required for the position and alternative transportation is not comparable to driving in terms of travel time or cost to the employer.
Another law creates protection for intersectionality of protected characteristics, which is when two or more protected characteristics result in a unique form of discrimination. For example, an Asian woman might be harassed or discriminated against in ways an Asian man or a white woman might not be.
Freelance workers will also gain new protections. The “Freelance Worker Protection Act” (FWPA) applies to certain employers who hire independent contractors to provide professional services in exchange for $250 or more (either from a single contract or when aggregating contracts during the past 120 days).
Professional services are defined to include, among others, translating, editing, graphic design, photography, videography, writing, grant writing and marketing services.
The FWPA requires the hiring party to provide a written agreement specifying certain terms and to pay the independent contractors’ compensation by certain deadlines. It also prohibits the hiring party from requiring as a condition of timely payment that the worker (a) accept less compensation than specified in the contract or (b) provide more goods or services, or grant more intellectual property rights, than stated in the contract.
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Whether you are an employee or an employer, please feel free to contact us if you have any questions about the above or any other employment-law issues.
For more information about employment law, see Employment Law (in Plain English)®, co-authored by members of this law firm.
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Photo by Arlington Research on Unsplash
