This past January, the Dole Act was an amendment added to USERRA. The Dole Act enhances job protections for military members and strengthens USERRA enforcement, ensuring greater safeguards for those who serve. The following outlines six key changes;

• Retaliation Protections Broadened: Employers are barred from taking any form of retaliatory action
• Increased Liquidated Damages: A minimum award of $50,000 has been established
• Broadened Injunctive Relief: USERRA allows individuals suing an employer to seek an early injunction to stop violations before the case is fully resolved
• Prejudgment Interest Rate: A more specific rule for prejudgment interest where courts can require employers to pay 3% interest per year on lost wages or benefits
• Mandatory Attorney Fees Awards: Employees who win a lawsuit or proceeding against a private or state or local government employer are now entitled to reasonable attorney’s fees
• Clarified Protection for Career Military Members: The law now states that one of USERRA’s purposes is “to encourage service in the uniformed services,” confirming that regular military members are fully protected

Recent legislative updates, along with any changes to company policies, are good reasons for companies to review their current Employee Handbook.  Employee Handbook good practice guidelines include; 

• If you have employees in multiple states, always adhere to the strictest Federal and State law. 
• For initial Employee Handbooks or updates, always require an employee to sign a “Handbook Acknowledgement” indicating receipt of the Employee Handbook or Updates.    
• Know your employee group and distribute Employee Handbooks accordingly—while most companies may keep the Employee Handbook on a shared drive; in some situations, it may be better to distribute a “hard-copy” Employee Handbook.
• Plan a review of the Employee Handbook annually; Internal policies may have changed or need to be added, as well as legislative updates. 
• Depending on the updates, an Employee Handbook Amendment may be sufficient to communicate the changes; instead of an entire Employee Handbook update. 

We are currently taking into account recent legislative changes and determining how policies that are in Employee Handbooks are affected. If you would like a review of your Employee Handbook, please reach out to us. 

With significant changes to the U.S. immigration policy, work authorization enforcement should be at the forefront for employers.  Now is a good time to conduct an I-9 Audit and check the following items;
•    Incomplete forms
•    I-9 forms not completed within the required time frames
•    Missing I-9 forms from employees
•    Failure to comply with the retention rule
Employers should be using the most recent Form I-9, dated August 1, 2023 and features an expiration date of July 31, 2026, or May 31, 2027. For a copy of the latest Form I-9 form or any questions on audits, feel free to contact me. 

​Great News!

A federal court in Texas issued an order invalidating the Department of Labor's rule increasing the salary level for the FLSA's white-collar exemptions and it applies nationwide. As a reminder, effective January 1, 2025, the second increase to the annual salary threshold that determines if an employee is exempt from overtime was set at $58,656.  Unless it is overturned by the Trump administration appeals the decision, the salary threshold will be unenforceable.  We will keep you posted if anything changes!!