As we start a new year, here are 5 things employers may want to consider to avoid trouble:
1. COVID-19 Plans - You probably have a plan in place but this is a good time to take stock of how it is working. Also, employers need to consider what to do about vaccine policies as the vaccines become more widely available. Finally, the FFCRA leave has expired as of 12/31/20 but employers may continue to offer leave through March 2021 - consider whether this makes sense for your business.
2. Independent Contractors - How is your business using independent contractors? Are thy properly classified as independent contractors or are they employees? Traditionally, tests focus on the level of control businesses have over workers. On January 7, 2021, the U.S. Department of Labor issued a new final rule on this topic - https://tinyurl.com/y4p6x6qy.
The new rule provides some clarification for employers but its future is not clear as it does not become effective until March after the new administration takes over. Regardless, employers should check their independent contractors and stay tuned for more information on the new rule.
3. Exempt Status of Employees - This is a good time for employers to consider whether their employees are properly classified. There have been a lot of changes over the past year and the bases for employee exemptions may have changed.
4. Pending Employment Litigation - January is traditionally a great month to settle cases. If you have pending litigation, this is a good time to consider whether you can settle claims and put them behind you.
5. New Laws - Several states have passed new laws that go into effect this year - this is a good time to check if any apply to your business. Ohio has passed one of the most significant laws, overhauling its employment discrimination law. Three big changes are eliminating most individual liability for managers and supervisors, requiring litigants to file charges before going to court and shortening the statute of limitations for claims from 6 years to 2 years.
The new Ohio law is here.
You can listen to the podcast episode here.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2026 Keating Muething & Klekamp PLL. All Rights Reserved
Topics/Tags
Select- Labor & Employment Law
- EEOC
- Immigration
- Employment Law
- Affirmative Action
- Compliance
- Department of Labor
- Discrimination
- Labor Law
- FMLA
- Wage & Hour
- NLRB
- Arbitration
- National Labor Relations Board
- Americans with Disabilities Act
- Coronavirus
- Diversity
- Social Media
- Reasonable Accommodation
- FLSA
- Sexual Harassment
- Employer Policies
- Title VII
- Sixth Circuit
- Employment Litigation
- Religion Discrimination
- Employer Rules
- Transgender Issues
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- Overtime Pay
- Employee Benefits and Executive Compensation
- National Enforcement Plan
- OSHA
- Privacy
- Artificial Intelligence
- Holiday Policies
- Department of Justice
- NLRA
- Independent Contractor
- Joint Employer
- Telework
- Workplace Accommodations
- Supreme Court
- Federal Trade Commission
- Paid Leave Laws
- Litigation
- Tax Credit
- IRS
- Employee Tips
- One Big Beautiful Bill
- Worker Classification
- Harassment
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Medical Marijuana
- Performance Improvement Plans
- Accommodation
- Department of Homeland Security
- Foreign Nationals
- Immigration and Customs Enforcement
- Immigration and Nationality Act
- Sexual Orientation Discrimination
- Employer Handbook
- Inclusion
- LGBTQ+
- ADAAA
- ERISA
- Race Discrimination
- Unions
- ACA
- Affordable Car Act
- Technology
- Federal Arbitration Act
- Medical Cannabis Dispensaries
- Disability
- Whistleblower
- United States Supreme Court
- 401(k)
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Employment Settlement Agreements
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Paycheck Protection Program
- Environmental Law
- Family and Medical Leave Act
- Privacy Laws
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- Authorization Without Documentation: Employers Left with I-9 Compliance Questions Following TPS Expirations for El Salvador, Sudan, and Ukraine
- EEOC Moves to Rescind 2012 Criminal Background Check Guidance
- EEOC Proposes Overhaul of Federal Workplace Discrimination Complaint Process
- OFCCP Publishes Final Rules Reducing Federal Contractor Affirmative Action Obligations
- US Court of Appeals puts $100,000 H-1B Fee on Hold Again
- Asking Is Protected: Sixth Circuit Expands FMLA Retaliation Protections
- New DHS Rule Will Restrict Student Periods of Admission from Duration of Status to Fixed End Date
- TPS Haiti Termination: How Employers Can Ensure I-9 Records Remain Compliant
- A New Enforcement Era: What Employers Should Know About the EEOC’s 2025–2029 National Enforcement Plan
- Beyond Paid Time Off: The Legal Side of Holiday Policies