It’s Official: The EU Platform Work Directive Is Here

  • Post category:Ogletree Deakins
  • Reading time:8 mins read

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…

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

New York Launches Initiative to Minimize Injuries Among Warehouse Employees

  • Post category:Ogletree Deakins
  • Reading time:6 mins read

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…

Key State Laws Set to Take Effect on January 1, 2025

  • Post category:Ogletree Deakins
  • Reading time:16 mins read

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…

Fifth Circuit Nullifies Nasdaq’s Diversity Rule for Corporate Boards

  • Post category:Ogletree Deakins
  • Reading time:6 mins read

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…

DHS Finalizes H-2 Program Regulations, Expanding Worker Protections and Employer Hiring Options

  • Post category:Ogletree Deakins
  • Reading time:10 mins read

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…

New Illinois Law Prohibiting Employment Discrimination Against Caregivers to Take Effect January 1, 2025

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Mexico’s ‘Chair Law’ (‘Ley Silla’) Set to Take Effect in 2025: What Employers Need to Know

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Multiple Working for Workers Acts Were the Tale of Ontario’s 2024

  • Post category:Ogletree Deakins
  • Reading time:8 mins read

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…

Race to the Finish: DHS to Publish Part Two of H-1B Modernization Rule

  • Post category:Ogletree Deakins
  • Reading time:12 mins read

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…

Payroll Deductions for Maine’s Paid Family and Medical Leave Program Will Start on January 1, 2025

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Catching Up on 401(k) Catch-Up Changes for 2025

  • Post category:Ogletree Deakins
  • Reading time:6 mins read

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…

Connecticut Court Ruling Clarifies ‘Recent Graduate’ Language in Job Ads: What Employers Need to Know

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

January 2025 Visa Bulletin Shows Some Movement for EB-2 and EB-3 Final Action Dates

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  • Reading time:4 mins read

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.…

State Department Updates J-1 Exchange Visitor Skills List, Revising the Countries Subject to Two-Year Foreign Residence Requirement

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Construction Chronicles: OFCCP Issues Guidance on Combatting Harassment in the Construction Industry

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Can Your Organization Weather the Storm? Wage and Hour Concerns for Employers During Inclement Weather

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Ohio Governor Signs ‘Bathroom Bill’ Into Law, Impacting K–12 Schools and Higher Education Institutions in the State

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Data Brokers Face Slew of Lawsuits Under New Jersey Privacy Law

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Don’t Overlook Year-End HDHP Changes to Telehealth Cost-Sharing

  • Post category:Ogletree Deakins
  • Reading time:3 mins read

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…

OFCCP Says New Monthly Employment Data Reports Will Start With March 2025

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Business Email Compromise Scams: What They Are, and How to Avoid Them

  • Post category:Ogletree Deakins
  • Reading time:7 mins read

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…

Holiday Shopping Surge: Bracing for the Increased Retail Workplace Violence Risks

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Protecting Workers From Heat Illness: Nevada’s New Regulation

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Germany’s Bureaucracy Reduction Act IV Will Begin the Process of Streamlining Formal Requirements of Employment Law

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Reporting Requirements Under the European Sustainability Reporting Standards

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

OFCCP Issues First FY 2025 CSAL, Targeting 2,000 Establishments of Supply and Service Federal Contractors and Subcontractors for Audits

  • Post category:Ogletree Deakins
  • Reading time:3 mins read

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…

How to Effectively Utilize the MSHA Closeout Conference

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

New Jersey to Require Employers to Disclose Pay and Benefits in Job Postings, Promotion Opportunity Notices

  • Post category:Ogletree Deakins
  • Reading time:3 mins read

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…

Texas Federal Judge Strikes Down DOL’s New Overtime Rule

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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.…

Mexico’s Federal Government Initiates Process to Eliminate Autonomous Data Privacy Authority

  • Post category:Ogletree Deakins
  • Reading time:3 mins read

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…

New York Legislature to Consider Amendment to the New York Retail Worker Safety Act

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Prospective Employees May Sign Louisiana Noncompete Agreements if They Contain an Effective Date During Employment

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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…

Nebraska Says Yes to Marijuana Measure, but Florida, North Dakota, and South Dakota Just Say No

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

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…

Ontario’s Working for Workers Five Act, 2024—More Rules for Employers?

  • Post category:Ogletree Deakins
  • Reading time:4 mins read

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,…

Colorado AG Proposes Amendments to the Colorado Privacy Act Rules to Implement Recent Legislative Updates

  • Post category:Ogletree Deakins
  • Reading time:7 mins read

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…

German Employee Data Law Could Be on Its Way

  • Post category:Ogletree Deakins
  • Reading time:7 mins read

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…

New Jersey Joins Data Privacy Party—New Jersey Data Protection Act Becomes Effective in January 2025

  • Post category:Ogletree Deakins
  • Reading time:10 mins read

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…