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Federal Updates
o The U.S. Department of Labor has released new guidance on the use of AI in the workplace, addressing its implications for the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the PUMP Act. This guidance aims to ensure compliance with existing labor laws as AI becomes more prevalent in employment practices.
o A new HIPAA privacy rule requires employers to maintain the confidentiality of reproductive health information for plan participants, ensuring greater privacy protections.
o The Federal Trade Commission’s new rule on noncompete agreements will impact state laws in DC, Maryland, and Virginia, potentially limiting the enforceability of these agreements and promoting worker freedom.
o OSHA has released new resources to help employers prevent heat-related illnesses among workers. These resources provide guidelines and best practices for maintaining safe working conditions in hot environments.
o Employers can face citations for heat stress violations even without a specific federal OSHA standard. This emphasizes the importance of proactive measures to protect workers from heat-related risks.
o Reclassifying exempt employees can have significant downstream effects on an organization, including changes in overtime eligibility and payroll practices. Employers need to carefully consider these impacts.
o The EEOC has introduced new rules to protect pregnant workers, adding requirements for employers to provide reasonable accommodations and prevent discrimination based on pregnancy, childbirth, or related medical conditions.
o This article compares the FTC’s final rule on noncompete agreements with existing California law, highlighting similarities and differences. California already has strict limitations on noncompetes, which align closely with the FTC’s new rule.
o An agreement has been reached in California to reform the Private Attorneys General Act (PAGA). The reforms aim to reduce frivolous lawsuits while still protecting workers’ rights to pursue claims for labor law violations.
o This article provides an overview of California’s minimum wage laws, including current rates, scheduled increases, and the impact on employers and employees.
o The Treasury and IRS have issued FAQs to clarify the rules and benefits of educational assistance programs for employers and employees, including tax implications and eligibility criteria.
o The IRS is intensifying its review of Employee Retention Credit claims, with findings indicating that many claims may be improper. Employers are advised to ensure compliance with eligibility requirements to avoid penalties.
o New overtime salary rules require employers to adjust their payroll practices before July 1. These rules increase the salary threshold for overtime eligibility, impacting many employees.
o Several states and localities are increasing their minimum wages this summer. This article outlines the new rates and the effective dates of these changes.
State Updates
o The implementation of California’s $25 minimum wage for health care workers has been delayed. Originally set to start on June 1, it will now begin no earlier than October 15 and no later than January 1, 2024, due to budgetary adjustments.
o Chicago’s new ordinance on paid leave and paid sick and safe leave will take effect on July 1. This ordinance mandates that employers provide paid leave for various personal and family health needs, enhancing worker protections.
o Ahead of the July 1 compliance deadlines, a Chicago agency has posted updated guidance and notices to help employers adhere to new regulations, ensuring they meet the required standards.
o Chicago employers are reminded to comply with the city’s harassment training requirements by June 30. This includes mandatory annual training for all employees and additional training for supervisors.
o Colorado has announced funding for a program aimed at creating recovery-friendly workplaces. This initiative supports employers in providing resources and support for employees recovering from substance use disorders.
o Colorado employers are reminded to comply with the Job Application Fairness Act, which prohibits employers from asking about a candidate’s criminal history on initial job applications.
o Connecticut has joined the Nurse Licensure Compact, allowing nurses to practice across state lines with a single license. This move aims to address nursing shortages and improve healthcare access.
o Louisiana has introduced new restrictions on noncompete agreements specifically for primary care physicians, aiming to improve access to healthcare by allowing more mobility for doctors.
o Maryland’s recent legislative session has introduced substantial new obligations for employers, including changes in labor laws and worker protections. Employers must stay informed to ensure compliance.
o Minnesota employers will face stricter regulations and potential liabilities regarding the classification of workers as independent contractors versus employees. This change aims to protect workers’ rights and ensure proper classification.
o Nevada’s two-tiered minimum wage system will end with a final increase to $12 per hour effective July 1. This change standardizes the minimum wage across the state.
o The New Jersey Labor Department has announced an increase in the municipal prevailing wage threshold to $19,375, effective July 1. This change affects wage standards for public works projects
o New York City employers must display the ‘Know Your Rights’ poster by July 1. This poster informs employees of their rights under city labor laws, including protections against discrimination and harassment.
o New limitations on noncompete agreements in Washington state will restrict employers’ ability to enforce such agreements, aiming to promote worker mobility and fair competition.
o Washington state has released new resources to help employers protect workers from the health risks associated with wildfire smoke. These resources include guidelines for creating safer working environments during wildfire season.
