Quick Hits Under Mexico’s Chair Law, the main obligations for employers are: (i) having enough seats with a backrest for employees’ use, and (ii) avoiding prohibiting employees from taking seated breaks when the nature of the works allow it. Noncompliance with the Chair Law could trigger fines. The Chair Law’s…
Quick Hits Ontario’s Working for Workers Acts (Four, Five, and Six) have introduced changes to the ESA and the OHSA, impacting sick leave policies, job posting transparency, and workplace safety regulations. Some changes are already in force; others are coming in 2025 and 2026, including stricter job posting requirements. The…
Quick Hits DHS’s new final rule amends and updates the regulatory definition and criteria governing “specialty occupation” adjudication, codifies existing policies related to deference to prior adjudications, and clarifies circumstances requiring the filing of a new or amended H-1B petition. The final rule expands H-1B cap exemption benefits by updating…
Quick Hits On December 4, 2024, the Maine Department of Labor released final regulations for the state’s paid family and medical leave program. Employers must start payroll withholdings for the state’s paid family and medical leave program on January 1, 2025. Employers can apply for a private plan substitution after…
Quick Hits Starting in 2025, the SECURE 2.0 Act allows participants ages sixty to sixty-three to make “super-catch-up contributions” of up to $10,000 or 150 percent of the regular catch-up limit. Employers may need to amend their retirement plans by the end of 2024 to accommodate the new super-catch-up contributions…
Quick Hits The Connecticut Appellate Court ruled that phrases like “recent college graduates” in job postings are not inherently age-discriminatory under Connecticut law, providing clarity for employers while underscoring the value of careful drafting to avoid litigation risks. The court rejected the Connecticut Commission on Human Rights and Opportunities’ argument…
Quick Hits The January 2025 Visa Bulletin shows no change from last month’s bulletin for employment-based categories for dates for filing. Final action dates show slight advancement for EB-2 and EB-3 for some countries/categories. USCIS will honor dates for filing for I-485 adjustment of status applications filed in January 2025.…
Quick Hits On December 9, 2024, the State Department updated the J-1 Exchange Visitor Skills List, revising the countries subject to the two-year foreign residence requirement. J-1 visa holders from China, India, and other countries may see a significant reduction in restrictions depending on the changes in their respective skills…
Quick Hits On November 21, 2024, OFCCP released “A Guide to Combatting Harassment in the Construction Industry,” providing information and resources for federal construction contractors and subcontractors. OFCCP’s guide is prepared in a Q&A chart format detailing the agency’s responsibilities, generally, and discussing harassment examples, obligations related to combatting harassment…
Quick Hits Generally, under the FLSA, employers must pay exempt employees their guaranteed salary during business closures caused by inclement weather, as deductions for employer-caused absences are not permitted. Employers are typically required to pay nonexempt employees for all hours worked, but if they cannot work remotely due to the…
Quick Hits Ohio has enacted into law SB 104, legislation restricting transgender access to certain school facilities: On November 27, 2024, Governor Mike DeWine signed into law the “Protect All Students Act,” which mandates that Ohio schools designate multi-occupancy restrooms, locker rooms, changing rooms, and shower rooms for exclusive use…
Quick Hits Daniel’s Law in New Jersey allows judges, prosecutors, police officers, correctional officers, and their immediate family members to request in writing that any company or entity not disclose their home addresses or unpublished telephone numbers. On November 26, 2024, the U.S. District Court for the District of New…
Quick Hits 2024 year-end HDHP plan amendments: Employers that offer HDHPs may need to amend their plans before the end of the year to remove first-dollar telehealth coverage since the regulatory relief allowing this coverage without cost sharing is set to expire at the end of 2024. Impact on HSA…
Quick Hits OFCCP announced that its new Form CC-257 required monthly employment data reporting for covered federal contractors and subcontractors will launch in March 2025 and be due by April 15, 2025. Reports will cover a calendar month and be due the fifteenth of the following month unless the fifteenth…
According to the FBI, Business Email Compromise (BEC) scams often involve the spoofing of a legitimate, known email address or the use of a nearly identical address to appear as someone known to or trusted by the victim. Real Estate Wire Fraud is a subcategory of BEC, in which criminal…
Quick Hits Retail employers face increased risks of workplace violence during the holiday season due to larger crowds, heightened stress, and potential understaffing, among other factors. Retail employers may want to consider steps to mitigate workplace violence risks such as developing a workplace violence prevention plan, training staff, and enhancing…
Quick Hits On November 15, 2024, the State of Nevada adopted a regulation to protect workers from heat-related illnesses, requiring covered employers to conduct job hazard analyses, designate employees for emergency response, and implement comprehensive safety programs. The regulation requires employers to implement measures that will “reasonably mitigate the risk…
One component of this—the so-called “Bureaucracy Reduction Act IV” (BEG IV)—was promulgated in the Federal Law Gazette on October 29, 2024, and it will come into effect on January 1, 2025. Accordingly, it is worthwhile to take a closer look at the changes relevant to employers. Quick Hits Simplifying employment…
Quick Hits The ESRS reporting standards will be mandatory for all companies covered by the CSRD, which began in January 2024. The CSRD has a broad jurisdictional scope, and for companies operating within the European Union or with substantial business in the EU, understanding and implementing the CSRD’s obligations is…
Quick Hits Employers that had workers in the areas of New York City impacted by the September 11th attacks may be required to notify those workers of two federal victim compensation funds. The new regulations seek to address the lack of awareness among many individuals who were exposed to harmful…
Quick Hits On November 20, 2024, OFCCP published a CSAL that identified 2,000 establishments of federal supply and service contractors and subcontractors for compliance reviews. The CSAL operates as a “courtesy notification” to a contractor that an OFCCP compliance review will be undertaken; the compliance review process begins when the…
Quick Hits Value of closeout conferences: Close-out conferences provide valuable insights into the basis for the violations and gravity cited, which are crucial for preparation and decision-making regarding future actions. Preparation and participation: Management may want to discuss observed conditions and issued citations, before and during the conference, and focus…
Quick Hits The New Jersey governor signed legislation that will require employers to provide the “hourly wage or salary, or a range of the hourly wage or salary” in postings for new jobs or transfer opportunities. The law will also require employers to make “reasonable efforts” to advertise promotion opportunities…
Quick Hits A federal judge in Texas struck down the DOL’s April 2024 overtime rule that sought to raise the minimum salary levels for the FLSA’s white-collar overtime exemption. The ruling comes in a challenge by the state of Texas and a group of more than a dozen business organizations.…
Quick Hits The Mexican government is eliminating the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI). The access to public information and the protection of personal data will no longer be overseen by an autonomous institution but by an agency within the executive branch of…
Quick Hits The New York governor’s office is discussing with the state legislature a possible amendment to the New York Retail Worker Safety Act, and it is anticipated that the legislature will vote on potential amendments in January 2025. Anticipated amendments include reducing the frequency of workplace violence training for…
Quick Hits In 2022, the U.S. Court of Appeals for the Fifth Circuit in Rouses Enterprises, L.L.C. v. Clapp, held that Louisiana law does not allow an employer to enforce a noncompete agreement signed by a prospective employee. In Gallagher & Co. v. Annison, the Louisiana Court of Appeal, First…
Quick Hits Nebraska voters approved marijuana use for medical purposes, but legal challenges remain. Ballot measures to legalize recreational marijuana failed in Florida, North Dakota, and South Dakota. A ballot measure to legalize psychedelic drugs was defeated in Massachusetts. On November 5, 2024, voters in Nebraska approved a ballot measure…
Quick Hits Missouri voters approved a ballot measure to enact a law that will require employers to allow employees to use up to fifty-six (56) or forty (40) hours of earned paid sick time per year depending on the size of the employer. Employees will be entitled to start accruing…
Quick Hits The Working for Workers Five Act, 2024 amended the Occupational Health and Safety Act’s definition of “industrial establishment” to exclude any office in a private residence, and the definitions of “workplace harassment” and “workplace sexual harassment” to include virtual activities. Under the Employment Standards Act, 2000, as amended,…
Quick Hits The Colorado Attorney General’s Office recently proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The draft amendments are largely focused on consumer data and implement recent changes to the CPA that reflect increased regulation of entities that collect and use biometric information and personal information relating…
Quick Hits Two German federal ministries have drafted legislation that would provide more legal certainty for employers regarding how to handle employee data. The legislature also wants to allow the use of AI applications, but within certain limits. The draft legislation would provide a detailed regulation on the basics of…
Quick Hits The NJDPA goes into effect on January 15, 2025, with its opportunity to cure provision sunsetting six months later on July 15, 2025. The NJDPA’s “sensitive data” definition encompasses more than is typical in comparable laws. The NJDPA applies to non-profit organizations and institutions of higher education in…
Quick Hits A recent GAO report includes several recommendations for how OSHA should evaluate its national emphasis program on warehousing and distribution centers to “more fully protect workers” from ergonomic hazards. The GAO found that three major hazards—falls, slips, and trips; objects and equipment; and overexertion/bodily reaction—were the leading causes…
Quick Hits Under SB 729, effective July 1, 2025, certain health insurance policies in California will be required to cover the diagnosis and treatment of infertility. Insured health plans with at least 101 participants will be required to provide coverage for the diagnosis and treatment of infertility; insured plans with…
Quick Hits Voters in three states—Alaska, Missouri, and Nebraska—will have a chance to vote on establishing paid sick leave in their states. The states could join the eighteen states and Washington, D.C., that already have paid sick leave laws. Election day is Tuesday, November 5, 2024. Each state has proposed…
Quick Hits A group of H-4 and L-2 visa holders filed a lawsuit against the secretary of homeland security in April 2021, alleging that USCIS unlawfully delayed adjudicating their I-539 and I-765 applications, resulting in loss of employment. A settlement was reached in January 2023 in which USCIS agreed to…
Quick Hits New FOIA request noticed: A new FOIA request has been filed with OFCCP, seeking the release of federal contractors’ 2021 Type 2 Consolidated EEO-1 Reports in OFCCP’s possession. Deadline for objections: Contractors have forty days from the date of publication of OFCCP’s notice to object to the disclosure…
Quick Hits A Massachusetts appellate court found that a retention bonus did not constitute “wages” within the definition of that term set forth in the Massachusetts Wage Act. The court acknowledged that there are no Massachusetts cases that have held that a retention bonus is a “wage” within the meaning…
Quick Hits OFCCP recently released a new construction scheduling letter and itemized listing, corresponding frequently asked questions (FAQs), and a renewed and revised Form CC-314, for covered construction contractors to notify OFCCP of new federal or federally assisted contracts or subcontracts in excess of $10,000, also known as the Notification…