Quick Hits The NLRB GC issued a memorandum addressing potential employer concerns about complying with EEO laws prohibiting discrimination and harassment in the workplace and the NLRA’s protections for employees engaging in concerted activity. The memorandum emphasizes the GC’s view that the NLRA and EEO laws are complementary and “both…
Quick Hits On January 14, 2025, the DOL issued an opinion letter reiterating that managers and supervisors cannot keep tips unless they “solely and directly” provide service to the customer, regardless of whether a tip credit is taken. The DOL clarified that even if a manager or supervisor works an…
Quick Hits Maryland’s Family and Medical Leave Insurance (FAMLI) program provides most Maryland employees with up to twelve weeks of paid leave, with some eligible for an additional twelve weeks, starting July 1, 2026, funded by contributions from both employers and employees beginning July 1, 2025. The Maryland Department of…
Quick Hits On September 26, 2024, New York City released updated FAQs for the Earned Safe and Sick Time Act (ESSTA) to address the October 2023 amended rules and the January 2024 law allowing private rights of action for ESSTA violations. The updated FAQs clarify and provide guidance regarding the…
Quick Hits The Second Circuit has revived a requirement that New York employers include in employee handbooks a notice informing employees of their right to be free from discrimination or retaliation based on their [the employees’] or their dependents’ reproductive health decisions. The ruling also revived a First Amendment challenge…
Quick Hits The New Jersey Data Protection Act (NJDPA) takes effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws. The NJDPA defines a “consumer” as a New Jersey resident acting in an individual or household context, excluding those acting in commercial or…
Quick Hits Massachusetts issued new FAQs containing details for employers on how they can meet their obligations when reporting wage data pursuant to the state’s new pay transparency law. Employers in Massachusetts will need to submit workforce demographic information to the state each year under a new law. Covered employers…
Quick Hits Wildfires sweeping through the Los Angeles area have prompted evacuation orders affecting tens of thousands of residents and creating dangerous conditions for travel. Employers affected by the disaster may need to consider their emergency preparedness plans, immediate workplace safety risks, and employment and staffing concerns while maintaining critical…
Quick Hits The U.S. District Court for the Eastern District of Kentucky vacated the U.S. Department of Education’s 2024 Title IX Final Rule, which had expanded the definition of sex-based harassment to include sexual orientation, gender identity, sex stereotypes, and pregnancy. The court found that the 2024 Title IX Final…
Quick Hits The Court of Appeal for Ontario highlighted three key points in Dufault v. Ignance (Township): the ESA is intended to protect employee interests; courts should interpret termination of employment clauses such that employers comply with the ESA; and the wording of termination clauses will determine that interpretation. The…
Quick Hits A recent federal court ruling in Tennessee found that NCAA eligibility rules regarding two-year college transfers likely violate federal antitrust law, granting a former junior college quarterback an additional year to play in Division I football. The court recognized that the NCAA holds monopsony power over college athletes,…
Quick Hits The Working for Workers Five Act, 2024 amended the Occupational Health and Safety Act’s (OHSA) definition of “industrial establishment” to exclude any office in a private residence. However, this does not mean the OHSA does not apply to private residences. The Working for Workers Five Act, 2024 also…
Quick Hits On July 31, 2024, Governor Maura Healey signed into law legislation requiring Massachusetts employers with one hundred or more employees and subject to EEO-1 reporting obligations to provide a pay report to Massachusetts by February 1 of each year. Covered employers are required to complete their EEO-1 pay…
Quick Hits Italy introduced new parental leave benefits, effective January 1, 2024. Singapore expanded paternity leave benefits and undertook comprehensive workplace fairness legislation. China (Shanghai) implemented penalties for unequal pay in labor dispatch. Brazil and the European Union (EU) focused on gender pay equity with new reporting obligations. Middle Eastern…
Quick Hits Starting with ACA reporting for 2024, employers and health insurance providers are only required to send Forms 1095-B and1095-C to covered employees upon request. Employers can distribute Forms 1095-B and1095-C electronically. Employers now have ninety days to respond to 226-J letters. Paperwork Burden Reduction Act The Paperwork Burden…
Quick Hits The EU Platform Work Directive took effect on December 1, 2024, but EU member states have until December 2, 2026, to implement it into national law and develop appropriate guidance for the classification of platform workers as independent contractors versus employees. The directive imposes obligations on digital platforms…
Quick Hits California prohibits employers from discriminating against workers who suffer workplace injuries or who have filed or made known their intention to file a claim for compensation under an employer’s workers’ compensation insurance policy. Discrimination can include discharging, threatening to discharge, or retaliating against a worker in any manner…
Quick Hits The Warehouse Worker Injury Reduction Program (WWIRP) applies to all employers that directly or indirectly employ at least 100 employees at a single warehouse distribution center or at least 1,000 employees at one or more warehouse distribution centers in New York. Effective June 1, 2025, the WWIRP mandates…
Quick Hits New state laws on paid leaves, discrimination protections, child labor, medical marijuana, and workplace safety are set to take effect on January 1, 2025. Employers may want to take note of these new laws and compliance obligations. California California has several laws set to take effect on January…
Quick Hits The Fifth Circuit Court of Appeals invalidated an SEC order approving a Nasdaq rule that would have required public companies to maintain a certain number of board members from underrepresented demographic groups or explain why they failed to do so. The diversity rule never took effect while it…
Quick Hits DHS’s new final rule expands DHS’s authority to conduct site visits and impose penalties on employers that fail to follow the requirements of the program. The final rule expands H-2 worker flexibility and portability, includes expanded grace periods at the beginning and end of the H-2 petition validity…
Quick Hits Illinois enacted a law prohibiting discrimination against employees who must care for family members at home. The law will not require employers to make accommodations or modifications to reasonable workplace rules and policies to allow employees to fulfill their caregiving responsibilities. The law will take effect on January…
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…
