• Employers are required to disclose in internal and public job postings the good-faith wage, salary or compensation range for any job, promotion, transfer, or other employment opportunity. For claims related to posting requirements, applicants and employees must first notify the employer and allow a 15-day cure period before filing suit.
• Employers are prohibited from seeking or relying on a prospective employee’s wage or salary history when making hiring or compensation decisions. The law provides an exception when prospective employees voluntarily disclose their wage or salary history. Under these circumstances, the employer can confirm the prospective employees’ wage or salary information and use this information to offer a higher wage or salary.

If employers have any questions or concerns, we recommend they contact us to ensure compliance.  For assistance, contact us at 423-764-4127 or by email at sesco@sescomgt.com

Retainer clients receive a free HR audit.

To ensure that you are receiving the most up to date information, please subscribe to SESCO News Blasts.

BILLS THAT HAVE BEEN PASSED BY HOUSE AND SENATE AND SIGNED INTO LAW BY GOVERNOR

Minimum Wage

• The current state hourly minimum wage of $12.77 per hour (that was effective January 1, 2026) will increase to $13.75 per hour effective January 1, 2027, and to $15.00 per hour effective January 1, 2028.
• Effective January 1, 2029, and annually thereafter, the minimum wage rate will be adjusted to reflect increases in the consumer price index (CPI).

Ban on Pay History Inquiries and Wage Transparency

• Effective date is July 1, 2026.
• Employers are prohibited from seeking or relying on a prospective employee’s wage or salary history when making hiring or compensation decisions. Narrow exceptions permit employers to consider salary history only when an applicant voluntarily discloses it, after an initial offer has been made, or to support a higher salary than originally offered.
• Employers are required to disclose wage or salary ranges in all public and internal job postings.  For claims related to posting requirements, applicants must first notify the employer and allow a 15-day cure period before filing suit.

Restrictions on Non-Compete Agreements

• New restrictions will apply to non-compete agreements entered into, amended, or renewed on or after July 1, 2026.
• Virginia currently prohibits employers from entering into or enforcing a post-employment “covenant not to compete” with “low-wage workers,” i.e., those earning less than $1,507.01 per week or any other non-exempt employee under the FLSA (irrespective of their earnings). Any “health care professional” can’t be required to sign a non-compete agreement. “Health care professionals” are defined as “any person licensed, registered, or certified by the Board of Medicine, Board of Nursing, Board of Optometry, Board of Psychology, or Board of Social Work.”
• As of July 1, 2026, employers are prohibited from enforcing a non-compete against any employee who was discharged without a severance offer.

Paid Family & Medical Leave Insurance Program

• A state-administered paid family and medical leave (PFML) insurance program.
• Covered employees receive payment from the state (Virginia Employment Commission) – not their employer.
• Funded by payroll premiums shared by both employers and employees. Employers may deduct up to 50% of the required contributions from employee pay. Contributions will begin on April 1, 2028. The employer contribution rate is expected to be fixed by October 1, 2027.
• Employees may receive benefits as of December 1, 2028.
• Up to 12 weeks of paid leave in a benefit year can be used for an employee’s serious health condition, to care for a family member with a serious health condition, or to care for a new child.
• Paid leave benefits will equal to 80% of the average weekly wage, subject to a cap of 100% of the statewide average weekly wage.
• Employees can receive paid family and medical leave benefits on an intermittent or reduced schedule.
• Employees are entitled to be restored to the same or equivalent position at the conclusion of the leave and employers are required to maintain an employee’s health care benefits during the leave.

Heat Safety Standard

• Virginia Safety and Health Codes Board is required to develop and adopt heat illness regulations by May 1, 2028.
• Applies to employees working indoors and outdoors.
• The regulations must include requirements for employers to: provide water, access to shade or climate-controlled environments when practicable, rest periods, acclimatization to working in heat, and effective training regarding heat illness prevention; implement high-heat procedures when the temperature equals or exceeds 80 degrees Fahrenheit; and establish effective emergency response procedures.
• Exemptions for: heat exposure during the provision of emergency services that involve emergency law enforcement, emergency medical services, firefighting services, rescue and evacuation operations, or emergency restoration of essential utilities, including electric and telecommunication utilities; and heat exposure lasting no longer than 15 consecutive minutes.

BILLS THAT HAVE BEEN PASSED BY HOUSE AND SENATE, BUT GOVERNOR SENT BACK WITH AMENDMENTS (NOT LAW YET)

Right to Work

• For the first time in history, public employees (including employees of the state and localities, teachers, firefighters, etc.) and home care workers will have the right to unionize and collectively bargain. It appears the legislation will also apply to employees of political subdivisions, such as Community Service Boards (CSBs) and Housing Authorities.
• The legislation builds on a 2020 law that lifted Virginia’s blanket ban on public sector collective bargaining by allowing workers to collectively bargain in localities that allowed for such in their regulations or voted to allow.
• The legislation creates the Public Employee Relations Board (PERB). The PERB will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.
• The legislation also establishes the Virginia Home Care Authority (VCCA). The VCCA will serve as the public employer of individual providers for purposes of collective bargaining. The legislation repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot. This will represent a major change in the way private duty and Medicaid personal care providers do business in the future.

Paid Sick and Safe Leave

• Effective date will likely be July 1, 2027.
• Expands legal requirements that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments.
• Employees will begin accruing sick leave at the time of hire and employers may elect to front load an employee’s annual sick and safe leave.
• Employers must permit employees to carry over at least 40 hours of accrued but unused sick and safe leave to the following year.
• Employers are not required to pay out accrued but unused sick and safe leave at termination.

Workplace Menopause and Perimenopause Protections

• The Virginia Human Rights Act (“VHRA”) would be expanded to include menopause and perimenopause as protected characteristics, prohibiting employer discrimination and requiring reasonable accommodations for known limitations unless doing so would impose an undue hardship.

Employers should begin budgeting for potential increased labor costs, reviewing non-compete agreements and severance practices, and evaluating leave policies for compliance with anticipated new requirements. Proactive monitoring and preparation will help employers ensure compliance, minimize risk, and maintain a competitive edge in this evolving regulatory environment.

OSHA added 22 new industries to its list of industries targeted for random inspections, including:

• Manufacturing of metalworking machinery, electrical equipment, furniture, steel, plastic, clay, cement, and certain agricultural products
• General freight trucking
• Electric power generation, transmission, and distribution
• Telecommunications carriers
• Department stores
• Employment services

In the meantime, Virginia is moving to join eight states (California, Kentucky, Maryland, Michigan, Minnesota, Nevada, Oregon, and Washington) with state-level heat illness standards. Legislation directs the Virginia Safety and Health Codes Board to enact a standard to govern workplace indoor and outdoor heat exposure by May 1, 2028. The bill directs the Board to require employers to develop a standard that follows more prescriptive models with heat illness prevention plans.

Arizona, Georgia, Illinois, Massachusetts, New Jersey, New Mexico, New York, Pennsylvania, and Rhode Island are proposing heat illness standards as well. Illinois, for example, is considering the Workplace Extreme Temperature Safety Act, which would direct the state to adopt a formal heat (and cold) illness standard. No such Illinois-specific regulation is currently in effect. New Mexico initiated formal rulemaking through its Occupational Health and Safety Bureau to adopt a comprehensive heat illness prevention rule — with requirements such as written plans, exposure assessments, and training — but the standard is not yet finalized or in effect.

 Please do not hesitate to contact us with questions at 423-764-4127 or at sesco@sescomgt.com

• The U.S. Bureau of Labor Statistics (BLS) has reported that real average hourly earnings for all employees decreased 0.6 percent from February 2026 to March 2026. This result stems from an increase of 0.2 percent in average hourly earnings combined with an increase of 0.9 percent in the Consumer Price Index (CPI).
• Real average weekly earnings decreased 0.9 percent over the month due to the change in real average hourly earnings combined with a decrease of 0.3 percent in the average workweek.
• From March 2025 to March 2026, real average hourly earnings increased 0.3 percent.

Paying an Employee a Salary Does Not Automatically Mean “No Overtime”

• Paying an employee a salary does not automatically eliminate the requirement to pay the employee overtime. Too often, we hear that, “the employee is paid a salary, so overtime doesn’t apply.”
• Under the Fair Labor Standards Act, for the executive, administrative, or professional exemptions from the requirement to pay overtime to an employee to apply, an employee must satisfy the following three requirements: (1) the employee must be paid on a salary basis, meaning a fixed, predetermined amount that is not reduced because of variations in the quality or quantity of the employee’s work (the “salary basis test”); (2) the employee must meet the minimum salary threshold of at least $684 per week (the “salary test”); and (3) the employee’s actual job must meet the requirements of the applicable exemption (the “duties test”).
• Each exemption sets forth a set of “duties” that must be met for the particular exemption to apply. When considering the applicable duties test, the most crucial step is evaluating the employee’s actual job duties as performed in practice. Job titles and job descriptions do not determine if an employee is eligible for overtime. Additionally, state wage and hour laws may impose different or more stringent requirements, including higher salary thresholds or narrower duties tests, which must also be satisfied. In short, if an employee’s day-to-day work does not align with the duties test for the exemption being applied, the employee must be treated as an overtime eligible employee even if they are paid a salary.

NLRB Rules in Favor of Hospital That Discharged Employee for HIPAA Violations During Union Campaign

• The National Labor Relations Board (“NLRB” or “Board”) has held that a hospital lawfully discharged a radiology technician because the employer demonstrated that it would have terminated the employee even absent her protected union activity.
• Importantly, the Board emphasized that the investigation was triggered by a manager who had no knowledge of the employee’s union activity and no apparent motivation to fabricate a complaint. Further, the hospital’s audit corroborated the complaint because it showed that the employee had, in fact, accessed the patient’s electronic file, including ICU records, and that this was outside the scope of a radiology technician’s typical duties.
• Also worth noting is that the Board found the employer acted in accordance with its disciplinary practices and procedures. The employer was able to establish that it had terminated other employees for comparable HIPAA violations.

If you are not a retainer client, contact us to learn about our services by calling 423-764-4127.

SESCO FEATURED PRODUCT

2026 WEBINAR SERIES (PART 1)

UPCOMING WEBINAR:

APRIL 21: BACKGROUND CHECKS & BAN THE BOX COMPLIANCE: HIRE, SMART, STAY COMPLIANT

1-2:30 PM EST

TO VIEW ALL WEBINARS AND TO REGISTER CLICK  HERE

For more information or registration, contact tonya@sescomgt.com

]]> https://www.sescomgt.com/sescos-weekly-update-4-16-2026/feed/ 0 https://www.sescomgt.com/sescos-weekly-client-update/ https://www.sescomgt.com/sescos-weekly-client-update/#respond Thu, 26 Mar 2026 15:46:47 +0000 https://www.sescomgt.com/?p=3555

• The legislation builds on a 2020 law that lifted Virginia’s blanket ban on public sector collective bargaining by allowing workers to collectively bargain in localities that allowed for such in their regulations or voted to allow.
• The legislation creates the Public Employee Relations Board (PERB). The PERB will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.
• The legislation also establishes the Virginia Home Care Authority (VCCA). The VCCA will serve as the public employer of individual providers for purposes of collective bargaining. The legislation repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot. This will represent a major change in the way private duty and Medicaid personal care providers do business in the future.

SESCO will be monitoring closely what Governor Spanberger does to include the passage of a budget that funds the legislation.

SESCO’s 80-year history includes labor relations services including leadership training, union campaigns (98%-win rate), conducting vulnerability audits including employee satisfaction surveys, and conducting labor negotiations. SESCO is the oldest consulting firm in America today who literally wrote the book on labor relations. There isn’t another firm in America who has the experience as the SESCO team which includes consultants and Labor Attorneys. Contact SESCO to discuss our professional services

To ensure that you are receiving the most up to date information, please subscribe to SESCO News Blasts.

2026 SESCO Webinar Series (Part 1)

SESCO is pleased to announce our training schedule for 2026. With the overwhelming success of participation and positive client feedback in 2025 the following provides our topics and dates. Schedule early as the events fill up quickly.

March 10: Supervisor Core Competencies: Back to Basics

Great supervisors aren’t born; they’re built on strong fundamentals.

This fast-paced kickoff session resets the foundation for supervisory success. We’ll spotlight the essential competencies every supervisor must master — leadership mindset, communication, performance accountability, discipline, and conflict management — and preview the deeper skills you’ll build in upcoming sessions.

If you supervise people, this is where it starts. Participants will be able to:

1. Define the core competencies of effective supervision.
2. Recognize the shift from individual contributor to leader.
3. Identify key risks and responsibilities in managing performance and behavior.
4. Pinpoint personal development areas for future leadership growth.

March 24: The Basics of HR Systems:  Master your Personnel Files and Compliance

Are your personnel files really in order or is it just a “hope for the best” situation? If it’s been months (or years) since your last audit, you may be putting your organization at risk of compliance issues, liability, or costly mistakes.

In this engaging, practical session, we’ll cover everything HR leaders and supervisors need to know to keep their people systems running smoothly. You’ll learn how to:

1. Conduct thorough personnel file audits and identify compliance gaps.
2. Onboard new hires effectively to set them up for long-term success.
3. Maintain filing systems that are organized, accurate, and legally compliant.
4. Harness the employee handbook as a cornerstone of HR and management functions.
5. Spot common pitfalls and “hidden risks” in HR processes before they become problems.

This is more than just a compliance check—this session will empower you to take control of your HR systems, protect your organization, and build a foundation for better employee management.

April 7: Navigating Wage & Hour Compliance: Avoid Risk and Stay Ahead

Wage and hour compliance can feel like a moving target. Between complex exemptions, pay plan rules, and ever-changing federal and state regulations, experienced employers can find themselves exposed to costly errors, audits, or legal action.

This high-impact session will give you the knowledge and tools to stay on top of wage and hour requirements. We’ll cover how to:

1. Classify employees accurately as exempt or nonexempt under the FLSA.
2. Identify and avoid common wage and hour mistakes.
3. Apply best practices for payroll deductions, overtime, and break compliance.
4. Recognize high-risk areas in wage and hour compliance and take proactive steps to mitigate them.

Whether you’re an HR veteran looking for a refresher or a newer professional seeking practical, real-world guidance, this session will give you actionable strategies to protect your organization, ensure compliance, and avoid litigation.

April 21: Background Checks & Ban-the-Box Compliance: Hire Smart, Stay Compliant

Hiring the right people starts with good information but conducting background checks comes with legal risks. Federal and state laws, including ban-the-box restrictions, limit what you can ask and how you can use that information.

In this practical session, you’ll learn how to screen candidates effectively and legally. We’ll cover:

• Conducting background checks that comply with federal and state regulations.
• Navigating ban-the-box laws and timing restrictions in hiring.
• Mitigating risk in your hiring and onboarding process.
• Properly documenting screening decisions to protect your organization.

Whether you’re an HR pro, manager, or recruiter, this session equips you to hire confidently while staying compliant and minimizing liability.

May 5:  Recruitment & Retention: HR Best Practices for the 2026 Workforce

Finding and keeping the right talent has never been more critical—or more challenging. With a rapidly changing workforce, evolving candidate expectations, and compliance obligations, managers and HR professionals need practical strategies to attract, hire, and retain top performers.

In this forward-looking session, you’ll learn how to:

• Implement HR best practices that align with modern workforce planning.
• Conduct effective, compliant interviews that identify the best candidates.
• Understand key legal considerations in recruiting and hiring.
• Develop retention strategies to keep top talent engaged and committed.

This session is designed for managers, HR professionals, and hiring teams who want actionable guidance for building a strong, compliant, and future-ready workforce in 2026.

May 19: Eliminating the Confusion on FMLA: Administer with Confidence

Administering the Family and Medical Leave Act (FMLA) can be tricky—but understanding it fully can protect your organization and give you an advantage. Missteps in FMLA administration can lead to legal risk, employee disputes, and compliance headaches.

In this practical, real-world session, you’ll learn how to:

• Navigate FMLA rules and requirements with confidence.
• Implement policies that cover all leave scenarios your organization may face.
• Handle potential misuse while remaining compliant.
• Apply lessons from real-life cases to avoid common pitfalls.

Whether you’re new to FMLA or looking for a refresher, this session will provide actionable guidance to administer leave accurately, reduce confusion, and protect your organization from legal exposure.

Tuition:

$65.00 per person, per webinar

Tuition includes a copy of the PowerPoint presentation and live recording emailed to registered individuals.

Schedule:

 Every Other Tuesday, beginning March 10, 2026 – November 3, 2026

1:00pm-2:30 pm EST

Here’s what clients are saying about our Webinars

“The Back-to-Basics webinar was a hit with our leadership team! We were so happy we want to have SESCO conduct webinars for our leadership team.” –Deb Mauer, Corporate Manager, Human Resources-Insights Training Group

Upcoming Webinars Include:

June 2: ADA Compliance and Reasonable Accommodations: Protect Your Workforce and Your Organization

June 16: Employee Experience & Engagement: Thriving in a Changing Workplace 

June 30: Building Smarter Compensation Systems: Total Rewards Strategies for Retention & Growth

July 14:  Leading with Respect: Recognizing & Preventing Harassment and Discrimination

July 28:  How to Conduct Internal Investigations: Get it Right the First Time

August 11: Performance Management for Leaders:  Driving Accountability, Growth, & Results

August 25: Conflict Resolution for Leaders & HR: Turning Workplace Tension into Productive Outcomes

Please click HERE to register for SESCO’s 2026 Webinars (This includes the any past 2026 webinars.)

For more information or registration, contact tonya@sescomgt.com.

Note: The Zoom information will be sent to participants a week prior to each scheduled webinar, via email. A reminder email will be sent to participants the day prior to each scheduled webinar.

Cancellation Policy:

Requests for cancellations or substitutions will be honored if they are received seven (7) days prior to the beginning of the seminar. Cancellations after (7) days may substitute other names; otherwise, the company will be billed for the full amount of the webinar.

REAL AVERAGE HOURLY EARNINGS INCREASE 0.2% IN FEBRUARY

• The U.S. Bureau of Labor Statistics (BLS) has reported that real average hourly earnings for all employees increased 0.2 percent from January 2026 to February 2026. This result stems from an increase of 0.4 percent in average hourly earnings combined with an increase of 0.3 percent in the Consumer Price Index (CPI). Real average weekly earnings increased 0.1 percent over the month due to the change in real average hourly earnings combined with no change in the average workweek.
• From February 2025 to February 2026, real average hourly earnings increased 1.4 percent.

NLRB’s Aggressive Bargaining Order Framework Rejected by FEDERAL APPELLATE COURT as Agency Overreach

• The S. Court of Appeals for the Sixth Circuit has rejected the National Labor Relations Board’s (NLRB or Board) controversial Biden-era framework—known as the Cemex standard—that empowered the Board to order employers to bargain with unions whenever the Board determined that employer misconduct undermined the election process, regardless of how employees voted.
• The court held that the NLRB improperly exercised its adjudicatory authority when it should have engaged in rulemaking instead. Consequently, the majority held that the Cemex standard cannot serve as the basis for a bargaining order.
• The court emphasized that the Board overstepped its authority by disregarding the longstanding preference for secret-ballot elections “as the barometer of a union’s support among employees.”
• The traditional Gissel standard for bargaining orders remains valid law nationwide: employers that commit serious unfair labor practices may still be ordered to bargain when a fair re-run election is not possible.

Federal Court Denies FLSA’s Administrative Exemption for Staffing Recruiters

• The U.S. District Court for the Western District of Pennsylvania has ruled that recruiters for an information technology staffing firm were entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The court reasoned that the recruiters should not be classified as administrative exempt because they did production work, not administrative work, and did not exercise sufficient discretion in important business matters.
• The court relied on the administrative/production dichotomy, which distinguishes nonexempt workers who produce and sell a company’s goods and services from exempt workers who administer the business.
• The court also concluded that the job duties of the recruiters did not rise to the level of using independent judgment in significant business matters.
• This case highlights the importance of confirming that all aspects of the job duties test are satisfied before claiming an exemption from overtime. Although the recruiters were engaged in office or nonmanual work, the court concluded that their work was not related to the management or general business operations of the employer or the employer’s customers. As such, it was deemed production, not administrative work.
• The court also concluded that the workers did not exercise sufficient discretion over matters of significance. When an employer stipulates a correct way to do a job, it is difficult to argue that employees have discretion over important matters.

If you are not a retainer client, contact us to learn about our services by calling 423-764-4127 or click here.

SESCO FEATURED PRODUCT

2026 WEBINAR SERIES (PART 1)

UPCOMING WEBINAR:

MARCH 24: THE BASICS OF HR SYSTEMS: MASTER YOUR PERSONNEL FILES AND COMPLIANCE

1-2:30 PM EST

TO VIEW ALL WEBINARS AND TO REGISTER CLICK  HERE

For more information or registration; contact tonya@sescomgt.com

SESCO FEATURED PRODUCT

ASICS

1- 2:30 PM EST

TO VIEW ALL WEBINARS AND TO REGISTER CLICK HERE

SESCO FEATURED PRODUCT

2026 WEBINAR SERIES (PART 1)

UPCOMING WEBINAR:

MARCH 10: SUPERVISOR CORE COMPETENCIES: BACK TO BASICS

1- 2:30 PM EST

TO VIEW ALL WEBINARS AND TO REGISTER CLICK HERE

For more information or registration,