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2024 Surge in Pay Transparency Laws

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
3 months ago

This year has seen a surge in pay transparency laws aimed at curbing pay disparities and helping workers negotiate fairer wages. Such legislation requires employers to disclose salary ranges and benefits in their job postings. Colorado was the first to create a pay transparency law in May 2019. Prior to this year, a number of states have followed suit, including California, Connecticut, Maryland, Nevada, New York, Rhode Island, and Washington. Local measures are in effect in Jersey City, New Jersey; New York City, New York; Ithaca, New York; Westchester County, New York; Cincinnati, Ohio; and Toledo, Ohio. 2024 Legislation Almost Doubles the Number of Pay Transparency Laws Hawaii On January 1, 2024, Hawaiian legislation came into effect requiring employers with 50 or more employees to disclose hourly rates and/or salary ranges in job postings. Illinois Illinois’s pay transparency law requires employers with 15 or more employees to disclose the salary range of a position along with a description of benefits and other forms of compensation. Furthermore, this law requires employers to provide current employees with information on promotion opportunities within 14 calendar days after posting the position externally. The law is not effective until January 1, 2025. Maryland Effective October 1, 2024, Maryland’s Equal Pay for Equal Work – Wage Range Transparency legislation expands the law to mandate employers to disclose minimum and maximum hourly or salary ranges for a position. This requirement applies to internal and external job postings. The law applies to any job performed in part in Maryland, meaning the law applies to employers outside of the state if any aspect of the position is performed in the state. Minnesota The Minnesotan law requires a starting salary range and a description of benefits, including health and retirement benefits, and other compensation in postings for open positions. This applies to employers with 30 or more employees within Minnesota. The law takes effect on January 1, 2025. Vermont Signed into law this June, the Vermont pay transparency law will take effect on January 1, 2025. Employers with five or more employees must include minimum and maximum hourly/salary ranges, including whether tips or commissions will be paid, in job postings. This applies to roles performed in Vermont or remote positions performed for Vermont businesses. Washington, DC Washington, DC’s law has been in effect since March 25, 2024. Employers must post minimum to maximum salary ranges, including for promotions and transfers. Employers must believe in good faith that the ranges are what will be paid for the position. Additionally, employers must provide applicants with information on healthcare benefits and may not seek salary history information. The law applies to any job with at least one employee in Washington, DC. Key Takeaway for Employers While some states have yet to provide guidance on potential penalties, violating these laws may result in lawsuits and damages. Employers should review their current rates of pay, their hiring, promoting, and transferring practices, and update current job postings in anticipation of these laws taking effect. If your state has yet to pass such a law, keep a lookout as this trend continues to spread nationwide. Finally, when planning pay rates for one of these locations, look at local ads to see if you are competitive with the local market. Brody and Associates regularly advises management on complying with the latest local, state, and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.  

Connecticut Expands Paid Sick Leave Law in 2025 but Limits Employers’ Control over How it is Used!

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
5 months ago

On May 28, 2024, Governor Ned Lamont signed legislation expanding Connecticut’s 2011 Sick Leave Law. The new legislation is effective on January 1st, 2025. The law covers more employees, expands the reasons under which employees may use paid sick leave, and reduces the required hours to accrue paid sick leave. Who is covered by the new law? Currently under Connecticut law, employers with more than 50 employees in specific retail and service occupations must provide their employees with up to 40 hours of paid sick leave annually. The new law expands the type of eligible worker to almost every occupation (not just retail or service occupations). It also expands the number of employers who must comply by reducing the number of employees they must employ to be covered. It is important to note that seasonal employees and certain other temporary workers remain exempt. The threshold number of employees required for coverage is gradually being lowered. Starting January 1, 2025, employers with 25 employees must provide their employees with paid sick leave: this drops to 11 employees on January 1, 2026, and one employee on January 1, 2027. When can employees use paid sick leave? Governor Lamont declared the current law leaves “broad categories… unprotected….” In response, the legislation has extended the definition of a family member to include more than that person’s minor children. This expansion includes “spouse, sibling, child, grandparent, grandchild or parent of an employee or an individual related to the employee by blood or affinity whose close association the employee shows to be equivalent to those family relationships.” The legislation also addresses the impact COVID-19 had on employees, allowing paid sick leave to be taken in instances related to declarations of a public health emergency. How do employees accrue paid sick days? Eligible employees will now accrue one hour of paid sick leave for every 30 hours worked, accruing up to 40 hours per year.  This is a ten-hour reduction from the previous one hour for every 40 hours worked. Employers may grant more time off or allow accrual at a faster rate.     Limits on Employers’ Control over the Use of Sick Time In Connecticut and across the nation, generic Paid Time Off policies have replaced the old-fashioned sick leave, personal leave, vacation, and many other forms of paid time off. As a result, sick leave mandates are allowed to be covered by PTO. Thus, when a company offers four weeks of PTO, they are really offering three weeks of PTO and one week of sick time.  The question we address here is if employers can put any limitations on how employees use their sick time. When Connecticut’s Sick Leave law was first effective in 1997, employers had the right to mandate that employees use their sick leave when they take other unpaid leaves. The employers’ motivation was to limit how much total time off employees were allowed. That all changed on January 1, 2022. In 2022, the law was amended to require employers leave at least two weeks of PTO to be used at the total discretion of the employee. This change was missed by most employers. To be sure you don’t run afoul of this law, employers should check their policies to ensure the mandated use of sick leave for all unpaid leaves is not their policy and not in their handbooks. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560          

“Work From Anywhere” Comes Full Circle

John Dini of The Exit Planning Coach is a member of XPX San Antonio
John F Dini
The Exit Planning Coach
11 months ago

Work from anywhere has been a necessity, an epithet, an obstacle, and an opportunity over the last 3 years. To paraphrase Aristotle’s axiom about Nature (“Horror Vacui”), business abhors a vacuum. Where one occurs, it is quickly filled. Work from anywhere started as a COVID-induced necessity. During the lockdowns of 2020-2021 (and longer in some places) we all had a crash course in video calling, VPNs, and virtual meetings. Employees quickly expanded the definition of anywhere. They tired of shunting the children off to a bedroom during conference calls, or using office-like backdrops to hide their kitchen cabinets. Soon they began changing their backgrounds to something more aspirational, like a mountain cabin or a scenic lake. From there it wasn’t much of a leap to make the mental shift from a make-believe environment to a physical one. Pretty soon employees were calling in from real mountain cabins. In many cases, they shifted to someplace where the cost of living was much lower than in their former metropolitan workspace. Work from Anywhere as an epithet and an obstacle As employees moved further afield from their office environment, bosses began to sound off. “We aren’t going to pay Los Angeles wages to someone who has a Boise cost of living,” was a commonly heard complaint.  Most put up with it because qualified help was getting harder to find. Hiring remotely was too hard a new skill to master. The complaints of employers grew louder as they began to ask employees to return to their former location of working activity. They made arguments about deteriorating corporate culture or a lack of mentoring opportunities. At the same time, stories surfaced about workers who were getting full-time paychecks from multiple employers, or who were “quiet quitting” by doing as little as possible. The “Great Resignation” forced many organizations to put up with it. If you wanted to keep employees, you needed to accommodate their demands. Then the work-from-anywhere poaching started. If an employee could do the job from a thousand miles away, why not just hire people from a thousand miles away? Now recruiters could dangle Los Angeles wages at candidates from Boise. Many employers saw work from anywhere as a curse costing them their best talent. Work from Anywhere as an Opportunity But as I said at the outset, business abhors a vacuum. Every action has a reaction. When the job can be done from anywhere, does that mean anywhere? If the higher cost of living centers can fill their needs by hiring people who are accustomed to earning less, why shouldn’t employers look at those candidates before the local talent? The Internet allows almost-instant communication across countries, what about across oceans? In the last few months, I’ve worked with employers who are hiring accountants in India, staffing recruiters in the Philippines, programmers in Argentina, support techs in Colombia, and screening nurses in Nicaragua.  None of these employers are multinationals. Each one fits the SBA’s definition of a small business. Their new employees are educated, English speaking, have the same hours as the employer, and are thrilled for the opportunity. Some are hired directly through a local placement agency. Others work for an organization in their home country that makes them exclusive to the client and promises to replace them if needed. Most of the wages appear to be about 50% more than the same job would pay in the country of residence, and roughly half of what the position in the U.S. would cost. Business has once again filled a vacuum. I wonder what is next?   This article was originally published by John F. Dini, CBEC, CExP, CEPA on

Do you have a “No Phone” policy in your stores? Surprise – this policy (and others) may now be illegal.

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

This past month, in Stericycle, the National Labor Relations Board (NLRB) announced a new amorphous legal standard it will use to judge whether union-free employer’s rules and policies are lawful under the National Labor Relations Act (“NLRA”). The Stericycle approach dispensed the categorical approach which identified certain policies as always being lawful. Now every policy will be reviewed based on the particular facts facing that employer.  Among the policies that no longer enjoy blanket protections are: Rules restricting cameras in the workplace; Basic civility rules; Confidentiality rules for proprietary information; Social media restrictions; Rules prohibiting employee involvement in strikes outside of the employment context; Rules allowing the search of employee property; Rules restricting communication with the media; and Rules requiring confidentiality during ongoing investigation. Moving forward, the NLRB will analyze all policies using a two-step process: Step One: The NLRB’s General Counsel must prove the challenged rule has a reasonable tendency to chill employees’ exercise of their rights from the perspective of an economically dependent employee (in the past, the Board analyzed whether rules chill the rights from the perspective of a reasonable employee). Step Two: If Step One is satisfied, the employer may rebut the finding by proving the rule advances a legitimate and substantial business interest, and the employer is unable to advance that interest with a more narrowly tailored rule.      What does this mean for you?   This new standard increases the likelihood that employer handbooks are unlawful under the NLRA. To make matters worse—the NLRB can find an employer guilty for having an unlawful policy even though the policy was never enforced! This means old, dormant sections of handbooks could still land an employer in hot water!

The Impact of the Supreme Court’s Religious Accommodation Decision on Your Workplace Policies

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort to demonstrate that a religious accommodation is an undue hardship under the law. However, in the recent Supreme Court term, the US Supreme Court upended the “de minimis” cost standard. In Groff v. Dejoy, the justices unanimously ruled that Title VII requires the employer to show they would bear a “substantial increase” in cost/effort to demonstrate that religious accommodation is an undue hardship.   The Case Gross v. Dejoy involved a dispute between the United States Postal Service (“USPS”) and former employee Gerald Groff. Groff, an evangelical Christian who observes Sunday as a day of rest, requested an accommodation to not work on Sundays. In response, the USPS granted the accommodation to the extent they could redistribute Groff’s Sunday shifts. However, on the days where the USPS could not redistribute Groff’s shifts, Groff was required to work. Groff refused to work on any Sunday and was subject to progressive discipline for failing to work until he ultimately resigned rather than be fired. Groff sued under Title VII but lost his case in the district court and the US Court of Appeals for the Third Circuit. Both courts applied Trans World Airlines to the case and found that USPS established it would bear “more than a de minimis” cost in granting Groff’s accommodation request.   The Plot Twist In a shockingly-not-shocking ruling, the Supreme Court upended the Trans World Airlines ruling, opting to substitute a “substantial” cost/effort standard for the “de minimis” cost/effort standard. The “substantial” cost/effort standard is a fact-specific inquiry. The Court provided some factors to analyze, including the accommodation being requested and the accommodation’s real-world impact on the Employer considering the nature, size, and operating costs of an employer. In contrast to the previous standard, some additional costs/efforts may be insufficient to rise to the level of an undue burden. Instead, the burden must rise to an “excessive” or “unjustifiable” level.   The Impact In light of this ruling, employers must revisit their religious accommodation policies. Employers should update their handbooks, communicate the heightened standard to Human Resources, and develop a strategy for analyzing the “cost” or “effort” imposed by future religious accommodation requests. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560    

Maximize Benefit Programs Amid Economic Uncertainty – CBIZ

Adam Brier of CBIZ is a member of XPX Long Island
Adam Brier
CBIZ
1 year ago

The decisions employers make regarding their benefits offerings during this period of economic uncertainty will likely have lasting impacts on their finances, their employees’ expectations, and their ability to attract and retain talent — all of which can affect the organization’s overall health. To ensure continued success, employers should critically evaluate each and every area of operations, including employee benefits. Zeroing in on this particular piece of the operational puzzle can help you uncover opportunities for cost savings that could potentially impact your organization’s bottom line. The following recommendations offer actionable strategies employers can implement today to maximize their benefits program and support operations in lean times. Re-Evaluate Plan Designs To bolster the overall cost-effectiveness of their operations, many employers are taking this opportunity to re-evaluate their health plan designs and offerings to ensure maximum savings. Some organizations are shifting to self-funded or partially self-funded health plans, while others are leveraging health reimbursement arrangements or health savings accounts to incentivize employees to make financially smart healthcare choices. Our Building a Year-Round Communications Strategy.     Create a Comprehensive Benefits Package During tough economic times, employers may have to cut back on benefits. But organizations can still support employees with mental health resources, financial wellness programs, and a wider range of voluntary benefits. Thinking outside the box and leveraging cost-effective employee benefits can help preserve the quality of your offerings while freeing up funds for other operational areas needing additional support during an economic slowdown.

MORE EMPLOYERS ADD JUNETEENTH AS A PAID HOLIDAY IN 2023

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

Don’t be surprised if no one is answering the phones at Brody and Associates on June 19th.  The number of private employers offering Juneteenth as a paid holiday continues to grow and has jumped significantly over the last three years.  Last year, nearly one-third of all private employers gave their employees a paid day off.  This year that number is expected to grow close to 45%, which is up from just 8% in 2020.  These numbers are in addition to the federal employers and contractors who are already required to provide Juneteenth as a paid holiday. For those not in the know, Juneteenth is the day that commemorates June 19, 1865, the day when Union soldiers informed enslaved Black people in Galveston, Texas, that they were free.  This news came more than two months after the Civil War ended – and is viewed as the day slavery ended in the United States. So why the sudden surge in social awareness more than 150 years later?  Here are just a few reasons.  There was national furor that followed the 2020 murder of George Floyd, resulting in demands for social justice. Organizations are now scrutinizing their diversity, equity and inclusion initiatives. And there has been a rising awareness of the Black Lives Matter movement. In addition to simply giving Juneteenth off as a paid holiday, many employers are hosting events around the holiday to advocate for the advancement of Black employees. Employers are providing important recognition of historical systemic racism and suggesting employees and employers alike reflect on these issues.  The push for recognition of the holiday has also been bolstered by President Biden signing Juneteenth into law as a federal holiday in 2021.  Since then, several cities and states across the country have followed suit.  In 2022, 24 states recognized Juneteenth as a state holiday, Connecticut will become the 25 this year, and cities like New York City and Los Angeles have also designated it as a paid city holiday. Regardless of your politics, Juneteenth is a movement sweeping the country. Each employer should evaluate if and how they individually want to recognize Juneteenth in their own workplace. Considerations should include both your personal beliefs, your workforce and your customer base. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.

President’s 2024 Budget Calls for National Paid Leave Program

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

By Robert G. Brody and Mark J. Taglia March 10, 2023   On Thursday, March 9th, President Biden submitted his proposed fiscal year 2024 budget request to Congress.  In it he seeks a $1.5 billion increase to the U.S. Department of Labor Budget.  Most of this increase would support the President’s paid family and medical leave initiatives. In his proposed budget, Biden seeks three months of paid leave for American workers.  The President’s stated goal is to permit Americans to take time off for a variety of reasons, including:   to bond with a new child; to care for seriously sick family members; to recover from one’s own serious health issue; and to obtain support/protection from sexual assault and violence.   The scope of coverage under this bill is not news; the fact that it would be paid is the headline. Currently, the U.S. is one of just a few highly developed countries not to provide its citizens with a paid leave program. In recent years, some states have offered paid leave of up to 12 weeks through programs which are similar to the President’s latest proposal.  Thirteen states and the District of Columbia have enacted some sort of paid family leave legislation: California, Connecticut, the District of Columbia,Massachusetts, New Jersey, New York, Rhode Island, Virginia, and Washington currently have laws in effect; Colorado, Delaware, Maryland, New Hampshire, and Oregon enacted laws not in effect yet. On Thursday the President spoke out in support of the proposed program, arguing the time has come for the U.S. to, “no longer [be] the only major economy in the world that doesn’t have paid leave.”  The proposal delivers on campaign promises made by Biden when he ran in 2020. Now the hard part, getting it by Congress. If passed, the proposal would provide paid leave access to approximately 92% of low-paid workers (predominantly women and people of color), who don’t currently have access. Experts believe it will be virtually impossible to get a 12-week paid leave program passed with a bi-partisan split in Congress. Time will tell! Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.  

Are your clients’ Employee Value Propositions still relevant?

Maurice Palagonia of Mercer is a member of XPX Long Island
Maurice Palagonia
Mercer
2 years ago

The pandemic has altered almost all aspects of the employee experience, changing everything from where people work to how they interact with clients, colleagues, and customers. Considering the size and scope of these changes now is a critical time to determine if your employee value proposition (EVP) is still compelling and if your total rewards strategy is aligned with the current and future needs of your workforce. In one of Mercer’s latest studies, we found that employees were significantly more concerned about their physical health, their work-life balance, and their emotional well-being than their job security, their boss, or their professional development. No one knows exactly what work will look like once this pandemic has passed. But one thing is certain: the war for talent will continue. Now is an important time to talk with employees, evaluate total rewards strategy, and start designing an employee value proposition for the new shape of work. Here in the attached whitepaper are four steps to evaluate the current appeal of your EVP and identify the future needs of your workforce.

Leslie Bassett, Pridgen Bassett Law; & Allison Affleck and Harry Brenner, Affleck and Gordon PC on “ProfitSense”

Bill McDermott of The Profitability Coach is a member of XPX Atlanta
Bill McDermott
The Profitability Coach
2 years ago

On this episode of ProfitSense with Bill McDermott, Bill was joined by Leslie Bassett, partner at Pridgen Bassett Law, and Allison Affleck and Harry Brenner, both partners at Affleck and Gordon PC. Leslie discussed her work in employee issues and insurance, stressing the importance of getting attorneys involved early to help resolve complex issues. Allison Affleck and Harry Brenner also work in the benefits space, specializing in Social Security disability and veteran’s disability. They described the evolution of their firm from the founders to their leadership, the business issues they had addressed which prepared them for remote work during the pandemic, and much more. ProfitSense with Bill McDermott is produced and broadcast by the 

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How to Post a Photo and Company Logo to Your Member Profile: A Step-by-Step Guide

Cheryl Centeno of XPX Global is a member of XPX
Cheryl Centeno
XPX Global
18 hours ago

Enhance your member profile by adding a photo and your company logo! It’s a great way to personalize your presence and showcase your organization. Follow these simple steps to update your profile: 1. Log In to Your Account First, make sure you’re logged in to your member account by going to www.exitplanningexchange.com and clicking on the Log In button on the top right-hand corner of the page. Remember to use the email address associated with your member profile as your username. 2. Go to Your Profile Once logged in, navigate to your member profile. You can usually find this by clicking on your profile picture or your name at the top of the page. 3. Select “Edit Photo” Look for the “Edit Photo” button—typically located near the top of your member profile’s dropdown menu (photo below). Click on it to upload or update your high-res photo.

New Years Resolutions: Why They Miss the Mark, and What to Do Instead

Maria Forbes of FIREPOWER Business Catalyst, LLC. is a member of XPX Atlanta
Maria C Forbes
FIREPOWER Business Catalyst, LLC.
4 days ago

Entrepreneurial business owners, is it time to consider a new approach to setting goals in the New Year? We’ve all been there. January 1 rolls around, and we set resolutions with the best intentions. “This will be the year I double my business,” we say. An article in Forbes 1 states by mid-February, 80% of people have made their resolutions a distant memory. Why? Because we have high ambitions hinging on mostly unrealistic and unsustainable methods, setting broad, lofty goals without a roadmap is like trying to sail a ship without a compass—directionless and daunting. There is a simple fix for this problem.  Start the road map with some pre-work. The root issue? New Year’s goals should always start with who you are, how you want to serve, and what you want to enjoy. If you start a New Year’s Resolution with what is trending in the world, in business, or in society, you will leave some or all your resolutions behind as you realize there is a misalignment between who you are and what is trending. It’s all one path! As business owners, we are bombarded with tasks that can be exhausting and lack enjoyment. Goals should be derived from envisioning a picture of your personal world: God, business, family, your unique personal desire to share creatively, and the core of who you are, so your business and your world are synced within a set of goals. What should your world look like in the New Year? Don’t compartmentalize! Your business cannot be separated from all the rest; successful business owners know who they are and how they intend to serve.  Get reacquainted with who you are, your personal talents to serve (clients, friends, family), and how you can get back to enjoying your life. Now we can talk about Business Resolutions You know what you want to achieve for your business. Now, make it a team effort. Go beyond your own efforts to engage your team in goals that are well aligned with their strengths and do it in a doable fashion that engages the spirit of growth together. The Problem with Most Resolutions Resolutions lack specificity, accountability, and, most importantly, our teams’ collective firepower. Transformative change doesn’t come from wishful thinking but from actionable, measurable steps involving everyone on deck. So, what’s the game plan? Shift from solo resolutions to team-powered actions. Set Specific Goals: Break down that big vision into smaller, achievable milestones. “Increase sales by 10% in Q1” beats “Double my business” for clear targets. Harness Team Strengths: Every member has unique skills. Use them to your advantage by assigning roles that match their strengths and watch motivation soar. Perform Regular Check-Ins: Make accountability a team effort. Frequent updates keep everyone on the same page and moving forward together. Celebrate Wins: Whether you hit a small target or make significant progress, celebrate as a team. This will help you feel more united and keep the momentum going. Making Sustainable Resolutions Remember, a sustainable resolution starts with the core of who you are as an owner, how you want to serve, and what is enjoyable to you.  Once you know what you want to achieve for your business your team can help you get there. With some pre-work, a New Year resolution might spark the fire, and then your team’s day-to-day actions will keep it blazing.

Quantum Computing Investments: Key Players, Risks, and Opportunities for 2025

Billy Amberg of Bloomwood is a member of XPX Atlanta
Billy Amberg
Bloomwood
6 days ago

Listen to this post as a podcast: www.adviserinfo.sec.gov). Please read the disclosure statement carefully before you engage our firm for advisory services. The information provided is for educational and informational purposes only and does not constitute investment advice and it should not be relied on as such. It should not be considered a solicitation to buy or an offer to sell a security. It does not take into account any investor’s particular investment objectives, strategies, tax status or investment horizon. You should consult your attorney or tax advisor.   The views expressed in this commentary are subject to change based on the market and other conditions. These documents may contain certain statements that may be deemed forward-looking statements. Please note that any such statements are not guarantees of any future performance and actual results or developments may differ materially from those projected. Any projections, market outlooks, or estimates are based upon certain assumptions and should not be construed as indicative of actual events that will occur.    All information has been obtained from sources believed to be reliable, but its accuracy is not guaranteed.  There is no representation or warranty as to the current accuracy, reliability, or completeness of, nor liability for, decisions based on such information and it should not be relied on as such. Bloomwood is a registered investment advisor. Advisory services are only offered to clients or prospective clients where Bloomwood and its representatives are properly licensed or exempt from licensure. 730 Starlight Lane, Atlanta, GA 30342.

What to Expect in 2025: Changes to the Three Branches of Government

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 week ago

As we enter 2025, businesses face a rapidly evolving employment law landscape shaped by dynamic shifts across all three branches of government. With a new president set to take office, significant developments at the Supreme Court, and the Republicans securing control of Congress, 2025 is shaping up to be a year defined by upheaval. Each branch of government will be different than any of us have seen in decades. The Executive Branch First and foremost, Donald Trump’s second presidential term is set to begin on January 20. Over the last four years, the Biden administration, known for their pro-employee policies, ushered in a wave of regulations aimed at expanding worker protections. Conversely, the Trump administration is expected to continue their pro-employer, laissez-faire approach that prioritized deregulation and employer flexibility during his first term. (Interestingly, the Trump Administration has started supporting more union issues and no one knows how that will impact his second term.) Significantly, labor and employment law developments often arise from action on behalf of various agencies such as the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”). Because these agencies are part of the Executive branch, the president is effectively charged with overseeing them, and therefore plays a significant role in the implementation of their policies. Employers should expect Trump to utilize these agencies to implement his pro-business agenda. It is worth noting, however, that a 2024 Supreme Court decision (Loper Bright Enterprises v. Raimondo) overturned the long-standing Chevron doctrine, a legal principle that directed courts to defer to federal agency’s interpretations of law that agency is empowered to enforce. As a result of this decision, the Executive branch was effectively weakened, shifting greater interpretative authority to the Judicial branch. It will be interesting to see how much impact this change will have on the balance of power among our branches of government. The Judicial Branch Loper was not the only Supreme Court decision in 2024 that contributed to the shift in power in favor of the Judicial branch. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturned the landmark abortion decision Roe v. Wade. Historically, courts, including the Supreme Court, follow precedent created by earlier decisions. But now the Supreme Court showed its willingness to overturn longstanding precedent based on a difference in their opinion of what is right or wrong. This shift away from strict adherence to precedent allows the Supreme Court greater latitude to reinterpret past decisions. With more flexibility to pursue a wider range of cases, as well as greater interpretive authority, the Judicial branch is shaping up to be much more powerful than it has been in the past. The Legislative Branch Lastly, in the 2024 election, the Republicans secured a majority in both the House of Representatives and the Senate. This means that the Legislative branch will have broad authority to enact their agenda over the next two years. Additionally, with Donald Trump in the White House, the likelihood of presidential vetoes decreases significantly.  This alignment will increase the likelihood that Congress will pass more new laws than is typically seen under a divided legislature. As a result, employers should closely monitor what new laws Congress enacts. Employer Takeaways Overall, the three branches of government are all undergoing significant changes. Donald Trump is likely to resume his pro-employer agenda, albeit with a slightly weakened Executive branch in the wake of the Loper decision. The Judicial branch is as powerful as ever, exemplified by the Supreme Court’s willingness to overturn longstanding precedent. Lastly, with Republicans in control of both the Senate and the House, the Legislative branch is primed for significant activity through 2026. With all these changes taking place, it is crucial for businesses to keep abreast of developments in labor and employment laws to ensure compliance and minimize legal risk in the new year. Brody and Associates regularly advises management on complying with the latest local, state, and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.

Developing Leadership Depth for Business Exit Readiness

Marci Caudle of Tagro Solutions is a member of XPX Philadelphia
Marci Caudle
Tagro Solutions
2 weeks ago

A robust leadership pipeline is crucial for any business, but it becomes particularly vital when preparing for a business exit. Whether you’re planning a sale, merger, or leadership transition, ensuring that your leadership depth is strong can significantly enhance the attractiveness and value of your business. This HR Insight explores how strategic human resources management can cultivate leadership depth to support a smooth business transition. The Importance of Leadership Depth in Exit Planning Leadership depth refers to a company’s ability to fill key leadership roles from within, ensuring business continuity and operational stability. For businesses considering an exit, strong leadership depth reassures potential buyers and investors of the company’s resilience and future performance potential. A well-prepared leadership team can effectively manage transitions, uphold company values, and drive growth, even during periods of change. Strategies for Developing Leadership Depth Leadership Development Programs: Implement comprehensive leadership development programs tailored to your company’s needs. These programs should focus on nurturing high-potential employees with critical skills such as strategic thinking, decision-making, and change management. Methods might include formal training sessions, mentorship programs, and leadership retreats that emphasize real-world business challenges and leadership responsibilities. Succession Planning: Effective succession planning is essential for ensuring that key positions can be filled quickly and competently. HR should work with current leaders to identify potential successors for each critical role. This process includes assessing the skills and readiness of potential leaders and providing targeted development opportunities to prepare them for future roles. Talent Identification and Management: Use talent management tools and assessments to identify employees who have the potential to become future leaders. Once identified, provide these individuals with customized development plans that align with their career aspirations and the company’s strategic goals. This approach not only prepares them for leadership roles but also helps retain top talent by actively investing in their career growth. Performance Management: Align performance management systems to leadership development goals. Regular performance reviews and feedback sessions help potential leaders understand their strengths and areas for improvement, ensuring they are on the right track to taking on more significant roles within the company. Cultivating a Leadership Culture: Foster a culture that promotes leadership from every level of the organization. Encourage employees to take initiative, lead projects, or mentor others. This environment supports leadership development organically and can identify and elevate hidden talents within the organization. The Impact of Leadership Depth on Business Valuation A strong leadership team can significantly enhance a company’s valuation during an exit. It demonstrates to potential buyers and investors that the company is well-managed, has a clear direction, and is capable of sustaining growth without the original owner or current leadership team. Additionally, companies with effective leadership transitions are more likely to maintain performance levels during and after the exit process, reducing risks associated with the transition. Developing leadership depth is not just about filling positions but about creating a sustainable framework that supports the company’s long-term goals and ensures a legacy of success. As businesses prepare for exit, the role of HR in cultivating this environment becomes a cornerstone of strategic exit planning. By investing in leadership development, companies not only enhance their marketability and potential sale value but also secure a stable and prosperous future for all stakeholders. At Tagro Solutions, we bring our deep expertise in Human Resources consulting to the table, aligning HR strategies with business objectives to enhance company performance and prepare for successful transitions. Our approach integrates seamlessly with the philosophy of the Exit Planning Exchange, which fosters collaborative exchanges of information and experiences among its members. Together, we aim to empower business owners through strategic insights and actionable solutions, making the journey from business operation to exit as profitable and smooth as possible.

New York City Mayor Signs Legislation Regulating Hotel Safety: What Employers Need to Know

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 month ago

On November 4, 2024, NYC Mayor Eric Adams signed into law the Safe Hotels Act (Int. No. 991-C) aiming to promote hotel safety and boost tourism. The Act, taking effect May 3, 2025, requires hotel licenses, restructuring of employment agreements, and a number of new staffing requirements. Hotel License Requirements Hotel operators defined as persons who own, lease, or manage a hotel, and control day-to-day operations, must obtain a hotel license from the Department of Consumer and Worker Protection (DWCP) to legally operate a hotel. Hotel operators must file an application with the Commissioner of the DWCP to obtain a license. The application must contain contact information as well as details of safeguards and procedures which show the hotel is in compliance with the Act’s staffing, safety, employment, and cleanliness requirements. The application will differ if the operator has a collective bargaining agreement (CBA) with a union. If the operator has a CBA which contains the required information and references the CBA in their application this may satisfy the Acts notification rules. The notification requirement will be satisfied for the term of the CBA or 10 years from the date of the application (whichever is longer). The commissioner must be notified if there are changes to the CBA which remove references to the Act’s requirements. The hotel license may be denied or revoked if operators fail to comply with the Act, however there are a number of notice requirements for the Commissioner prior to revoking a license. The Commissioner must notify the licensee of a potential revocation in writing. The licensee must be given 30 days from the notification to remedy the violation and this notice must be in writing. A license will not be revoked if it can be demonstrated that the condition has been resolved in the 30-day period. Evidence of this correction can be delivered electronically or in person. Upon the Commissioner’s decision, the licensee has 15 days to request a review of the decision. A license will not be revoked in the following situations: service disruptions such as construction work noise; conditions that the hotel is aware of and treats within 24 hours such as bed bugs, rodents, etc.; unavailability of hotel amenities for a period of 48 hours; unavailability of utilities for a period of 24 hours; and importantly any strike, picketing, lockout, or demonstration at or by the hotel. Hotel operators must display their license in a public area.   Employment Agreement Requirements The Act requires hotel owners, with 100 or more guest rooms, “directly employ” all “core employees”, except a single hotel operator to manage operations on the owner’s behalf. This rule effectively eliminates intermediaries such as staffing agencies or management companies. Core employees include those whose work relates to housekeeping, front desk, or front service. Valets, maintenance workers, parking security, and employees mostly working with food and beverages are not considered core employees. This provision greatly impacts employers who utilize subcontractors; however some contracting agreements may be grandfathered in if they are entered into prior to the effective date and have a specific termination date. Violating this provision may serve as the basis of license revocation. Staffing Requirements In order to maintain safe conditions for guests and hotel workers, the Act implements a number of new staffing requirements. One employee must provide front desk coverage at all times (during night shifts a security guard who has received human trafficking training may take this employee’s place). Hotels with more than 400 guest rooms must have a minimum of one security guard providing continuous coverage while any room is occupied. Hotels must maintain cleanliness and not impose fees for daily room cleaning. Core employes must receive training on how to identify human trafficking within 60 days of employment. Hotels must not accept reservations for less than 4 hours. Penalties and What Else Employers Need to Know Hotel operators are strictly prohibited from retaliating against any employee who discloses a potential violation or assists in an investigation. Hotel operators are also prohibited from retaliating against employees who refuse to partake in a dangerous activity that is not part of their job. As previously discussed, noncompliance can result in a hotel operator’s license being revoked, but that is not all. Anyone alleging a violation can seek a civil action within 6 months of the alleged violation. Furthermore, the Act provides for civil penalties which vary based on the number of violations: $500 for a first violation, $1,000 for a second, $2,500 for a third, and $5,000 for subsequent violations. The Commissioner is expected to issue rules by which this law will be enforced. A timetable for their issuance has yet to be set. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560  

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