Federal Updates

• USCIS Data Shows Drop in H-1B Registrations This Year:

  • USCIS data reveals a significant decrease in H-1B registrations for FY 2025, dropping from 758,994 in FY 2024 to 470,342. This decline is attributed to increased fraud prevention measures and a new beneficiary-centric selection process.

• OSHA and NLRB Partner to Promote Safe and Healthy Workplaces:

  • OSHA and the NLRB have partnered to enhance workplace safety and health. This collaboration focuses on protecting workers’ rights to report unsafe conditions without fear of retaliation.

• New FLSA Salary Levels Unchanged for Computer Professionals:

  The FLSA salary levels for computer professionals remain unchanged. Employers must continue to comply with existing salary thresholds to ensure proper classification and compensation.

• Cool for the Summer: Workplace Safety in the Sizzling Summer Heat:

  • Section 5(a)(1) of the Occupational Safety and Health Act requires an employer to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees. An employer’s responsibility to provide a workplace free from known safety hazards includes protecting workers from extreme heat.

• Pregnant Workers Fairness Act Final Rule to Take Effect June 18:

  • The Pregnant Workers Fairness Act, effective June 18, requires employers to provide reasonable accommodations for pregnancy-related conditions. This includes modifications to work duties, schedules, and environments.

• DOJ Secures Agreement With Maxim Healthcare Services to Resolve Immigration-Related Discrimination Claims

  • The Department of Justice (DOJ) reached a settlement with Maxim Healthcare Services, a home healthcare company, to resolve claims of immigration-related discrimination. The DOJ found that Maxim violated the Immigration and Nationality Act (INA) by rejecting a non-U.S. citizen worker’s valid employment authorization document (EAD) and requiring lawful permanent residents to provide unnecessary documentation.

• Understanding the Bona Fide Sale Exception to FTC’s Noncompete Ban:

  • The FTC’s ban on noncompete agreements includes a bona fide sale exception. This allows noncompete clauses in the context of legitimate business sales, provided they are necessary to protect the value of the business being sold.

• Exempt or Nonexempt? It’s Time for Employers to Evaluate Exempt Employees’ Status Again as DOL Updates Minimum Salary Requirements:

  • The DOL has updated minimum salary requirements, prompting employers to reassess the exempt status of their employees. This evaluation ensures compliance with wage and hour laws.

• DOL Encourages Construction Industry Employers, Stakeholders to Join 2024 National Safety Stand-Down to Prevent Falls:

  • The DOL is urging construction industry employers and stakeholders to participate in the 2024 National Safety Stand-Down to prevent falls. This event focuses on raising awareness and promoting fall prevention practices.

• CDC and NOAA Partner to Help Workers Stay Safe in the Heat:

  • The CDC and NOAA have partnered to promote worker safety during extreme heat. This collaboration provides resources and guidelines to prevent heat-related illnesses in the workplace.

• Department of Labor Announces ‘Access to Good Jobs for All’ as National Disability Employment Awareness Month’s 2024 Theme:

  • The DOL has announced “Access to Good Jobs for All” as the theme for National Disability Employment Awareness Month in 2024. This theme highlights the importance of inclusive employment practices.

• OFCCP Releases New Artificial Intelligence Guidance:

  • The OFCCP has issued new guidance on the use of artificial intelligence in employment decisions. This guidance aims to ensure that AI tools are used fairly and do not result in discrimination.

• DOL Announces AI Principles for Worker Well-Being:

  • The DOL has introduced AI principles focused on worker well-being. These principles aim to guide the ethical use of AI in the workplace to enhance employee health and safety.

• 10 Steps Employers Should Take to Protect Workers This Summer as Feds Prepare to Finalize Heat Rule:

  • Just last week, the Advisory Committee on Construction Safety and Health unanimously recommended OSHA move forward with its Notice of Proposed Rulemaking for heat. The next step will see the agency publish a proposed rule, after which it will seek and consider input from a wide range of stakeholders and the public.

• Revisiting Trade Secret Strategies Following FTC’s Ban on Noncompete Agreements:

  • The FTC’s ban on noncompete agreements necessitates a reevaluation of trade secret protection strategies. Companies are advised to strengthen confidentiality agreements, enhance security measures, and ensure robust employee training to safeguard proprietary information.

• Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship:

  • Employers may face undue hardship from the cumulative burden of multiple ADA accommodation requests. The article discusses how to assess and document these hardships to ensure compliance while managing operational impacts.

State Updates

• Employer Alert: May 8 California Pay Data Reporting Compliance Deadline:

  • California employers must comply with the pay data reporting deadline on May 8, 2024. This requirement aims to promote pay equity and transparency by collecting detailed wage data from employers.

• California’s New Workplace Violence Prevention Law: July 1 Compliance Deadline—Are You Ready?:

  • California’s new workplace violence prevention law, effective July 1, 2024, mandates employers to implement comprehensive prevention plans. This includes risk assessments, employee training, and incident response protocols.

• Wage and Hour Policies Amid Rising PAGA Filings for California:

  • The Last year, California experienced over 5,000 employment-related class-action filings, and the number of PAGA notices filed with the California Labor and Workforce Development Agency has increased annually. It’s important to review your policies and safeguard your company.

• Chicago Finalizes Interpretive Rules in Advance of July 1 Effective Date of New Paid Leave and Paid Sick Leave Ordinance:

  • Chicago has finalized interpretive rules for its new paid leave and paid sick leave ordinance, effective July 1, 2024. These rules provide guidance on compliance and implementation for employers.

• Colorado Governor Signs Broad AI Bill Regulating Employment Decisions:

  • Colorado’s governor has signed a comprehensive AI bill regulating the use of AI in employment decisions. This legislation aims to ensure fairness and prevent discrimination in AI-driven hiring processes.

• OSHA Delaware Unveils SafeDE, Pioneering a Safer Future for Workers:

  • Delaware’s OSHA introduced the SafeDE initiative on Workers’ Memorial Day. This program aims to enhance worker safety through comprehensive training, improved safety standards, and increased employer accountability.

• Oregon DOJ Ramps Up Child Support Reporting Requirements for Payments to Independent Contractors:

  • Oregon’s DOJ has increased child support reporting requirements for payments to independent contractors. This measure aims to improve child support enforcement and compliance.

• Maine DOL Announces Enforcement Plan for New Federal Overtime Rule:

  • Maine’s DOL has outlined an enforcement plan for the new federal overtime rule. This plan includes guidelines for compliance and enforcement actions for violations.

• Maryland Amends Pay Transparency Law to Require Wage Range Disclosure in Job Postings:

  • Maryland has amended its pay transparency law to mandate wage range disclosures in job postings. This amendment aims to enhance pay equity and transparency in the hiring process.

• More Changes to Maryland Family and Medical Leave Insurance Program:

  • Maryland has introduced additional changes to its Family and Medical Leave Insurance Program. These changes aim to improve access to paid leave benefits for workers.

• New Pay Transparency Law: Maryland Follows Growing Trend:

  • Maryland has enacted a new pay transparency law requiring employers to disclose wage ranges in job postings. This law aims to promote pay equity and transparency.

• Uber and Lyft Say They’ll Stay in Minnesota After Legislature Passes Driver Pay Compromise:

  • Uber and Lyft have announced their decision to remain in Minnesota following the passage of a driver pay compromise by the state legislature. This compromise addresses driver compensation and working conditions.

• Minnesota Paid Leave Update: October Wage Detail Report:

  • Minnesota’s new paid leave law requires employers to submit detailed wage reports starting in October. This update aims to ensure accurate benefit calculations and compliance with the state’s paid leave requirements.

• New York City ‘Know Your Rights’ Poster and Bill of Rights Website Now Live:

  • New York City has launched a “Know Your Rights” poster and a Bill of Rights website to inform workers of their rights. This initiative aims to increase awareness and compliance with labor laws.

• New Guidance Permits Oregon Employers to Rescind Previously Protected Unpaid Family and Medical Leave Effective July 1:

  • Effective July 1, 2024, Oregon employers can rescind previously protected unpaid family and medical leave under the Oregon Family Leave Act (OFLA). This change is due to the overlap with Paid Leave Oregon, which will now cover family and serious health condition leave.

• Big Changes to Paid Leave Oregon and OFLA Take Effect July 1:

  • Significant changes to Paid Leave Oregon and OFLA take effect on July 1, 2024. Paid Leave Oregon will now be the primary source for family and serious health condition leave, reducing the overlap with OFLA.