CAPLAW Legal Update | August 2024
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IN THIS ISSUE
Incentive Compensation in a Staffing Strategy • New EEOC Guidance on Workplace Harassment • New Protections for Pregnant Workers • Supreme Court Corner
Incentive Compensation: Another Option in a Staffing Strategy
Many Community Action Agencies (CAAs) routinely review the perks they provide to help retain experienced staff and hire new talent. One way which CAAs may choose to reward productive employees is by adopting and implementing an incentive compensation plan. This article reviews the incentive compensation rules applicable to CAAs, discusses issues to consider when drafting an incentive compensation policy, and describes how to implement a policy to mitigate the risk of disallowance.
Welcome to the 21st Century: EEOC Issues New Guidance on Workplace Harassment
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its first final guidance on workplace harassment since 1999, Enforcement Guidance on Harassment in the Workplace (the Guidance). Informed by the significant changes to the workplace over the last quarter-century, the Guidance incorporates twenty-five years of judicial interpretation of the laws that the EEOC enforces. The Guidance does not change the general structure of the applicable law, but rather includes dozens of new illustrative examples of challenges in the modern workplace that could help employers like CAAs better understand harassment. The Guidance also includes practical tips on workplace policies that CAAs can implement.
New Protections for Pregnant Workers: The PWFA, PUMP Act, and
Reproductive Healthcare Privacy
The legal landscape governing the protection of pregnant workers and reproductive healthcare is changing. Recent updates to federal laws including the PWFA, the PUMP Act, and new HIPAA privacy protections expand current protections for pregnant workers and individuals seeking reproductive medical assistance. This article outlines the impact of these changes on CAAs and steps CAAs can take to account for expanded workplace protections, including updating accommodations processes, ensuring break time and space for nursing and pumping employees, and understanding new healthcare privacy protections.
Supreme Court Corner
The U.S. Supreme Court wrapped up its most recent term in early July with a flurry of opinions that made national and international news. At least three of those cases could have significant ramifications for the Community Action network: City of Grants Pass v. Johnson, Loper Bright Enterprises v. Raimondo, and Corner Post, Inc. v. Board of Governors. In this Supreme Court Corner, CAPLAW breaks down these decisions so CAAs can understanding the context and potential impact of the highest court’s rulings on homelessness and the regulatory process.
Go Fish: Reacting to the Shifting
Regulatory Framework Post-Loper Bright
This case overturned a decades-long legal doctrine about deference to federal agencies and, while it’s not possible to determine how this will impact CAAs in the immediate future, the decision marks a new era of uncertainty for the regulatory process.
Grants Pass v. Johnson: The Supreme Court Rules on Approach to Homelessness
This decision could increase the challenges faced by unhoused individuals and the CAAs that serve them. The Supreme Court upheld city ordinances in Grants Pass, Oregon, barring people from sleeping or camping outside in public areas.
This legal update was developed by Community Action Program Legal Services, Inc. (“CAPLAW”) in the performance of an award from the U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Community Services (OCS), Award Number 90ET0505-01. Any opinion, findings, and conclusions, or recommendations expressed in these materials are those of the author(s) and do not necessarily reflect the views of, nor the endorsement by, OCS/ACF/HHS or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements.
The contents of this resource are intended to convey general information only and do not constitute legal advice. Any communication through this resource or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.
