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This monthly video spotlights impactful HR news highlights from February 2023, including an EEO-1 data collection announcement, FMLA updates, and a new electronic posting law.

Welcome to this month’s HR Roundup. It’s been a busy month, so let’s get started.

EEO-1 data collection

The Equal Employment Opportunity Commission (or EEOC) has indicated that the 2022 EEO-1 component 1 data collection is scheduled to open in mid-July. It was originally expected to open in April, so this gives employers a little more time to prepare.

The report includes demographic workplace data that must be collected by all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria This information must be collected on the EEO-1 Report and filed with the EEOC.

The agency will announce the exact date the report is due in the coming weeks, so stay tuned.

FMLA accessibility

Also, over the next year, the Department of Labor’s Wage and Hour Division (or WHD) plans to identify and break down barriers to taking workplace leave under the federal Family and Medical Leave Act (or FMLA).

Some of the efforts WHD plans to make include updating their FMLA webpage to make it more accessible and providing new posters and presentations to help employees understand their rights.

It is unclear whether this means that a new general, mandatory FMLA poster is forthcoming, but employers should keep this on their radar.

The agency notes that employees may not be taking leave when they need it. The agency found that, while 15 percent of employees reported taking leave for an FMLA qualifying reason over the prior year, 7 percent reported they needed to but did not.

Some employees indicated that they didn’t take leave because they were worried about being treated differently at work. Others indicated that they did not take leave because they couldn’t afford to, since the FMLA provides only for unpaid leave.

The lack of a federal paid leave law continues to garner discussion, but the current chance of such a law being enacted remains low.

Electronic posting in New York

While the FMLA poster may or may not be changing, the state of New York made poster history by being the first state in the country to mandate electronic posting. While physical posters are still required at work sites, employers must also make required labor law posters and other posted documents available to employees electronically.

The requirement to display postings electronically only applies if a business has employees in New York State, but the practice could spread.

Overtime and FMLA

Finally, in an opinion letter released on February 9th, the WHD said FMLA leave may be used by an employee to indefinitely eliminate working mandatory overtime.

Employees who would normally be required to work overtime but are unable to do so because of an FMLA-qualifying reason may use FMLA leave for overtime not worked. This process can continue until employees either exhaust their FMLA leave or no longer have a need for leave.

And speaking of FMLA, the law just celebrated its 30th anniversary. It was signed on February 5, 1993, and has been an administrative challenge for employers ever since.

That’s all the HR news we have time for today. For more information on the topics discussed, just click the links on the transcript. See you next month!