Webinar Recap | Fall into Success with HR Strategies for Autumn

As we move into the final quarter of the year, our team addressed a list of top priorities and challenges to get right in this fall and winter season. Adams Keegan advisors Charles Rodriguez, Amanda McCollum, Michael Hughes, and Brandon Roland continued the discussion on the shifting legal landscape, the latest developments in state-specific leave laws, and what all of this means for employers operating in multiple states. 

Missed the webinar on October 4? Click here to access the full recording.

Voting leave and free speech in the workplace
Voting leave laws are determined at the state level, with no federal mandate dictating the specifics. In many cases, states require that employees be given time off to vote, and some even mandate that this time be paid. For example, in Tennessee, employees are entitled to three consecutive hours to vote if they don’t already have this time built into their schedules. However, employers maintain flexibility in how they allow time off.

It’s important to communicate clearly with employees to prevent misunderstandings and ensure compliance with these laws. Additionally, the intersection of voting leave and free speech in the workplace can sometimes create confusion. While employees may view political discussions as an extension of free speech, the First Amendment does not protect political speech in private workplaces.

Social media and workplace harassment
Managing social media conduct and its implications for workplace harassment can be tricky for employers. Managers must consider whether content shared by employees online is truly harmful to the organization. Emotional reactions are common, but addressing online behavior should focus on the content, not just its delivery. For instance, if an employee complains about wages on social media, this may trigger emotional responses from others, yet discussions around wages and working conditions are often protected under laws like the National Labor Relations Act (NLRA). 

Employers must tread carefully when addressing such issues, particularly when other employees engage with or support the post. Each situation must be evaluated individually, as different responses from employees may affect whether legal protections apply. Ultimately, employers need to be deliberate and thoughtful when addressing off-duty speech, ensuring it aligns with company policies while recognizing the potential impact on the workplace.

Strategies for managing your unemployment claims
Navigating unemployment claims requires a proactive approach, especially as rates rise post-pandemic. One key strategy is understanding the tax implications by state. For instance, Tennessee has a low taxable wage base of $7,000, while Washington's is $68,500. This difference significantly affects employer costs, especially in industries with high turnover or remote workforces. Employers must also track claim activity, ensuring contributions align with payouts to prevent tax rate increases. Seasonal businesses, like hotels, should anticipate reductions in hours leading to partial unemployment claims.

Providing clear separation notices can mitigate risk during claim disputes. These notices help establish the reason for termination and serve as documentation should a claim be contested. Responding promptly to claims and carefully deciding when to appeal are essential. Lastly, employers should prepare for potential hearings, where providing clear evidence and understanding state-specific laws can protect their interests.

Other topics, such as updates on the U.S. Department of Labor’s minimum salary rule, state paid family leave, and state wage trends were also discussed.

View the webinar here and give yourself about one hour to take a deep dive into the conversation.