Month: November 2023

National Labor Relations Board Takes Action    

Employees Candidates

Employees Candidates

The National Labor Relations Board (NLRB) announced the forthcoming final joint-employer rule, which replaces the 2020 definition. The NLRB has expanded the criteria for determining joint-employer status.

Under the new rule, two companies are considered joint-employers if they share or jointly influence essential terms or conditions of employment for their workers. This updated standard is set to take effect on February 26, 2024.

Being classified as joint-employers makes both entities accountable for each other’s unfair labor practices and obliges them to engage in negotiations with a recognized labor union. Employers typically seek to avoid this status due to these increased responsibilities and liabilities.

Also, the NLRB announced a collaboration with OSHA to enhance legal enforcement. The two agencies have created a Memo of Understanding (MOU) that provides for the following:

  • Information Sharing
  • Coordinated Investigations and Inspections
  • Informing Employees About Their Rights
  • Cross-Training Agency Employees
  • Regular Meetings and Consultations on Other Activities
  • Public-Facing Outreach

Check out the most recently published as a joint resource — Building Safe & Healthy Workplaces by Promoting Worker Voice (PDF) — which provides guidance for creating and maintaining safe workplaces. Stay tuned for conversation about this collaboration and what it means for your company or organization.

HR Compliance – Notice of Eligibility for Unemployment

Happy United Employees

Happy United Employees
Governor Hochul signed into law a mandate that employers must give written notice to certain employees about their eligibility for unemployment benefits.

This law, which has already gone into effect, says that employers must inform employees whose job has ended or whose working hours have been reduced about their right to apply for unemployment benefits. This notice must be given within five working days after the job termination or reduction in hours.

At the time we first mentioned this new law, the NYSDOL had not yet published the required form. It has since been released, here: The NYSDOL required form (PDF) >

Additionally, within the same five-day period, employers still have to provide written notice (i.e. a letter of employment separation) to employees who have been terminated, stating the exact date of termination (you will notice that NYS DOL didn’t think to include that on the form!) and the exact date when employee benefits related to the termination will be canceled.

Remember, any time you have to terminate an employee there is some level of risk. Please contact us for help, before taking action in order to mitigate negative consequences to your business or organization.

NY Extends Employee Discrimination Claims Statute of Limitations

Employee Feeling Upset due to Discrimination from coworkers

Employee Feeling Upset due to Discrimination from coworkers
Governor Kathy Hochul signed a crucial amendment in late November extending the statute of limitations for filing discrimination complaints with the Division of Human Rights (DHR) in New York.

This amendment, effective February 2024, stretches the timeframe from one to three years, significantly impacting workplace discrimination claims.

The amendment primarily addresses discrimination in the workplace, particularly concerning New York’s extensive list of protected classes. Employers would be wise to adopt an even greater vigilance about decision-making that could impact these classes in employment matters.

This change means a potential surge in workplace discrimination complaints, as employees now have an extended period to report concerns. Please contact TripleTrack for support in proactively addressing potential issues and discriminatory practices, recognizing the heightened importance of maintaining a discrimination-free workplace.