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Alerts for April | |
Colorado Adopts Final Rules to Implement the State’s Privacy Act(posted: Monday, April 3rd, 2023) The CPA Imposes Requirements On Organizations That Conduct Business In Colorado On March 15, 2023, Colorado adopted final rules to implement the Colorado Privacy Act (CPA), which protects the personal data of Colorado residents. While the CPA does not cover |
Alerts for March | |
Idaho Extends Unemployment Benefits to Military Spouses and Domestic Violence Victims(posted: Thursday, March 30th, 2023) The Amendments Provide Some Flexibility To The General Eligibility Criteria On March 21, 2023, Idaho amended personal eligibility requirements for unemployment compensation to extend benefits to military spouses who relocate due to station orders and victims of domestic violence. The |
Virginia Prohibits Using Social Security Numbers on Employee Badges(posted: Thursday, March 30th, 2023) Employers Cannot Use Social Security Numbers As Employee Identification Numbers or Include Them on Identification Cards On March 21, 2023, Virginia adopted a new law that strengthens personal information protection by prohibiting employers from using Social Security numbers (or any |
Arizona Amends Rules for Earned Paid Sick Time(posted: Wednesday, March 22nd, 2023) TheIndustrial Commission of Arizona has amended the regulations for the stateearned paid sick time law to eliminate one of the law’s recordkeepingrequirements. |
President Biden Vetoes Challenge to DOL ESG Final Rule(posted: Tuesday, March 21st, 2023) Late last year, the U.S. Department of Labor (DOL) finalized a rule allowing plan fiduciaries to consider climate change and other environmental, social and governance (ESG) factors when they make investment decisions and exercise shareholder rights. |
Philadelphia Issues Regulations for COVID-19 Employee Leave(posted: Friday, March 17th, 2023) The Philadelphia Department of Labor has publishedregulations clarifying when different types of employee leave mandated by thecity may be used for COVID-19 purposes. |
Arkansas to Disqualify Unemployment Claimants Who Ghost Employers(posted: Friday, March 17th, 2023) Employers Will Be Able To Report Prospective Employees On Feb. 21, 2023, Arkansas adopted the Prohibiting Unemployment Claimants from Ghosting Employers Act of 2023 (PUCGEA). As the name suggests, the purpose of this law is to disqualify individuals from unemployment |
Alerts for February | |
New York to Reduce Overtime Threshold for Farmers(posted: Friday, February 24th, 2023) The Threshold Will Be Reduced to 40 Hours Per Week Over A 10 Year Period On Feb. 22, 2023, the New York State Department of Labor (NYDOL) published amendments to the state’s overtime regulations for farm workers. These amendments incorporate |
Supreme Court Reaffirms Qualifications for FLSA Overtime Exemptions(posted: Friday, February 24th, 2023) Salary Requirement Is Not Met When Employee Is Paid By the Day On Feb. 22, 2023, the U.S. Supreme Court held in Helix Energy Solutions Group Inc. v. Hewitt (Helix) that employees must be compensated on a |
San Francisco Publishes FAQs for Paid Military Leave(posted: Thursday, February 23rd, 2023) San Francisco’s Office of Labor Standards Enforcement hasissued answers to frequently asked questions about its new PrivateSector Military Leave Pay Protection Act, which took effect Feb. 19,2023. |
Illinois Supreme Court Rules BIPA Claims Accrue With Each Violation(posted: Thursday, February 23rd, 2023) While Claims Arise With Each Violation Damages are Discretionary On Feb. 17, 2023, the Illinois Supreme Court found that claims under the Illinois Biometric Information Privacy Act (BIPA) accrue at each alleged violation, not just at the first unlawful scan |
9th Circuit: Employers May Have to Pay Workers for Short-term Military Leaves(posted: Friday, February 17th, 2023) Employees who take short-term military leaves may be entitled to compensation from their employers during those leaves, according to a decision by the U.S. Court of Appeals for the 9th Circuit. |
Louisiana Adopts Employee Reclassification Immunity Final Rule(posted: Tuesday, February 14th, 2023) The Initiative Allows Employers To Reclassify Misclassified Employees Without Liability For Prior Periods On Jan. 20, 2023, the Louisiana Department of Revenue (LDR) published a final rule to implement the state’s Fresh Start Proper Worker Classification Initiative (the Initiative). According |
New Jersey Strengthens Protections for Temporary Workers(posted: Tuesday, February 14th, 2023) Temporary Help Service Firms Will Need To Provide Temporary Written Assignment Descriptions On Feb. 6, 2023, New Jersey adopted Assembly Bill (AB) 1474 to provide certain protections and rights to temporary workers within the state. Although most provisions of this |
St. Paul Enacts Changes to Paid Sick Leave Ordinance(posted: Monday, February 13th, 2023) St.Paul, Minnesota has amended its Earned Sick and Safe Time Ordinance toclarify that employee leave accrues regardless of the employer’s location, accruesonly for hours worked in St. Paul, and may be used only for hours scheduled tobe worked in St. Paul. |
DOL Outlines Rest Period Protections for Remote Workers and Employees Who Are Nursing(posted: Friday, February 10th, 2023) Bulletin Asserts That FLSA Principles Apply Regardless of Where Employees Are Located On Feb. 9, 2023, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin (FAB) No. 2023 1, “Telework Under the Fair Labor Standards Act and Family and |
DOL Issues Guidance on Telework and FMLA Eligibility(posted: Friday, February 10th, 2023) The U.S. Department of Labor has published a Field Assistance Bulletin that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act when employees telework or work away from an employer’s facility. |
DOL Releases Audit Results of ERISA Enforcement During 2022(posted: Thursday, February 9th, 2023) The U.S. Department of Labor (DOL) has released the results of its Employee Benefits Security Administration’s (EBSA) enforcement actions during fiscal year (FY) 2022. |
Reminder: Medicare Part D Disclosures due by March 1, 2023 for Calendar Year Plans(posted: Tuesday, February 7th, 2023) Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual basis and at other select times, indicating whether the plan's prescription drug coverage is creditable or non-creditable. |
New York Warehouse Worker Protections Become Effective Feb. 19, 2023(posted: Thursday, February 2nd, 2023) Affected Employers Must Provide Employees Written Quota Descriptions New York adopted the Warehouse Worker Protection Act (WWPA) on Dec. 21, 2022. The WWPA requires employers to provide a written description of quotas to which employees are subject and states that |
New Jersey Mass Layoff Amendments Become Effective April 10, 2023(posted: Thursday, February 2nd, 2023) The 2020 Implementation Was Delayed Because Of The COVID 19 Pandemic On Jan. 10, 2023, New Jersey authorized April 10, 2023, as the effective date for amendments to its mass layoff law, also known as the Millville Dallas Airmotive Plant |
New York Protects Immunization Privacy and Allows Immunity Passports(posted: Thursday, February 2nd, 2023) The Amendments Do Not Require Passport Information Verification On Dec. 30, 2022, New York amended its law to require government agencies to protect patient vaccine information from disclosure. The amendments also require certain entities to allow the use of physical |
DOL Issues New Model CHIP Notice(posted: Thursday, February 2nd, 2023) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Jan. 31, 2023. |
Alerts for January | |
Michigan Appeals Court Reverses Paid Sick Leave Expansion(posted: Friday, January 27th, 2023) TheMichigan Court of Appeals has reversed a lower court opinion that would haveexpanded employee paid sick leave under state law. |
DHS Announces Protections for Foreign Workers Who Report Labor Violations(posted: Wednesday, January 25th, 2023) Deferred Action Protections Became Effective On The Date They Were Announced On Jan. 13, 2023, the U.S. Department of Homeland Security (DHS) announced that foreign workers can now access a “streamlined and expedited” deferred action request process if they have |
San Francisco Passes Paid Military Leave Ordinance(posted: Tuesday, January 24th, 2023) SanFrancisco Mayor London Breed has signed into law an ordinance requiringemployers to pay employees on leave for military reserve or National Guard dutythe difference between their regular salary and their military pay. |
Illinois Passes Paid Leave for All Workers Act(posted: Tuesday, January 17th, 2023) TheIllinois legislature has passed the Paid Leave for All Workers Act,which requires employers to provide most employees with at least five days ofpaid leave per year for any reason. Gov. J.B. Pritzker is expected to sign themeasure. |
New York Employers Must Provide Digital Versions of Required Workplace Posters(posted: Friday, January 13th, 2023) Requirement Applies to Federal and State Posters On Dec. 16, 2022, New York amended its workplace notification laws to require employers to make copies of certain documents that are physically posted in the workplace available to employees electronically through the |
IRS Proposes Use of Electronic Media to Make Certain Spousal Consents(posted: Thursday, January 12th, 2023) The Treasury Department and the IRS have proposed a rule that would modify existing participant election rules in two significant ways: |
FTC Announces Proposed Rule Banning Noncompete Agreements(posted: Thursday, January 5th, 2023) The Proposal Was Created In Response To A 2021 Presidential Executive Order On Jan. 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would prohibit employers from imposing or enforcing noncompete clauses on workers. The proposed rule |
Alerts for December | |
IRS Announces 2023 Standard Mileage Rates(posted: Thursday, December 29th, 2022) On Dec. 29, 2022, the IRSannounced the 2023 optional standard mileage rates, which are used to calculatethe deductible costs of operating an automobile for business, charitable,medical or moving purposes. |
Congress Passes 'SECURE 2.0' Bill(posted: Thursday, December 29th, 2022) On Dec. 23, 2022, Congress passed the Consolidated Appropriations Act of 2023, an omnibus bill that includes the “SECURE 2.0” legislation, referred to as such because it builds on the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019. |
New Hampshire Issues Regulations for PFML Insurance Program(posted: Thursday, December 29th, 2022) NewHampshire has published regulations for its new voluntary paid family andmedical leave (PFML) insurance program. |
Vermont Announces Voluntary PFML Insurance Program(posted: Tuesday, December 20th, 2022) Vermont will begin rolling out a voluntary paid family and medical insurance program for workers in the state, with phased-in coverage becoming available to different groups of employers and workers in 2023, 2024, and 2025. |
New York Prohibits Retaliation for Lawful Absences From Work(posted: Thursday, December 1st, 2022) NewYork has amended the state labor law to clarify that employers may not disciplineworkers for taking a legally protected absence from work |
Maine Publishes 2023 Minimum Wage Rate(posted: Thursday, December 1st, 2022) The State's Minimum Wage Rate Affects Overtime Salary Exemption Thresholds Maine’s minimum wage rate will increase from $12.75 to $13.80 per hour for nonexempt employees on Jan. 1, 2023. State law requires that the minimum wage rate be adjusted every |
Alerts for November | |
Colorado Expands Public Health Emergency Leave for RSV and Flu(posted: Tuesday, November 29th, 2022) Effective Nov. 11, 2022, Colorado employers must provide public health emergency leave (PHEL) for health needs related to flu, respiratory syncytial virus (RSV), and other respiratory illnesses in addition to COVID-19. |
Illinois Voters Approve Worker Rights Amendment(posted: Wednesday, November 23rd, 2022) Amendment Allows Employees To Negotiate Wages, Working Conditions And To Protect Economic Welfare and Safety On Nov. 8, 2022, Illinois voters approved constitutional amendment (CA) 1 that guarantees workers a broad right to collective bargaining. The amendment will become effective |
Required 2023 Massachusetts PFML Notices Are Now Available(posted: Wednesday, November 23rd, 2022) The Massachusetts Department of Family and Medical Leave (PFML) has published required 2023 workplace posters, employee notices and rate sheets for the program. |
Final Rule on Fiduciaries Considering ESG Factors in Plan Management(posted: Tuesday, November 22nd, 2022) DOL Fact Sheet Available On Nov. 22, 2022, the U.S. Department of Labor (DOL) finalized a rule allowing plan fiduciaries to consider climate change and other environmental, social and governance (ESG) factors when they make investment decisions and exercise shareholder |
Cafeteria Plan Deadline for CAA Amendments is Dec. 31, 2022(posted: Tuesday, November 22nd, 2022) Employers that implemented the optional, temporary relief for cafeteria plans provided under the Consolidated Appropriations Act, 2021 (CAA) and IRS guidance must adopt plan amendments by Dec. 31, 2022. |
New York Adopts New Veteran Benefits Poster Requirement(posted: Friday, November 18th, 2022) Employers Should Monitor NYDOL Communications to Learn When The New Poster Is Published On Nov. 10, 2022, the state of New York adopted a new law that will require employers to display a veteran benefits poster where other required workplace |
Vermont Announces $13.18 Per Hour Minimum Wage Rate(posted: Friday, November 18th, 2022) The State's Minimum Wage Rate Is Adjusted Annually On Nov. 15, 2022, the Vermont Department of Labor (VDOL) announced the state’s minimum wage rate will increase from $12.55 to $13.18 per hour on Jan. 1, 2023. State Minimum |
Nevada Voters Approve State Minimum Wage Amendment(posted: Tuesday, November 15th, 2022) The New Rate Will Apply to All Employees Regardless of Health Benefits On Nov. 8, 2022, voters in Nevada approved an amendment to the state constitution that sets the state’s minimum wage rate to $12 per hour starting on July |
District of Columbia Voters Repeal Tipped Employee Minimum Wage(posted: Monday, November 14th, 2022) The Tipped Wage Will Increase Gradually Until It Matches The District's Minimum Wage On Nov. 8, 2022, voters in the District of Columbia approved Initiative 82, a ballot measure that repeals the tipped employee minimum wage. As a result, the |
Required Colorado Paid Family and Medical Leave Notice Now Available(posted: Thursday, November 10th, 2022) The Colorado Family and Medical Leave Insurance program has published a notice employers must use to satisfy their postingrequirements under the law. |
Required Colorado Paid Family and Medical Leave Notice Released(posted: Thursday, November 10th, 2022) The Colorado Family and Medical Leave Insurance program has published a notice employers must use to satisfy their postingrequirements under the law. |
Colorado Issues Private Plan Rules for Paid Family and Medical Leave(posted: Wednesday, November 9th, 2022) On Nov. 1, 2022, the Colorado Family and Medical LeaveInsurance (FAMLI) program finalized regulations for private plans. |
Nebraska Voters Approve State Minimum Wage Increase(posted: Wednesday, November 9th, 2022) The State Wage Rage Will Increase to $15 Per Hour By 2026 According to official state election results, on Nov. 8, 2022, voters in Nebraska approved Initiative 433. As a result, the minimum wage in Nebraska will gradually increase until |
California Announces 2023 Salary Level for Computer Software Employee Exemption(posted: Wednesday, November 9th, 2022) Salary Levels Are Adjusted Annually to Reflect the Cost of Inflation California’s Department of Industrial Relations (DILR) has announced that the salary level for the computer software employee exemption will increase to $53.80 per hour on Jan. 1, |
New Jersey Lowers Disability and Family Leave Contribution Rates for 2023(posted: Friday, November 4th, 2022) New Jersey has lowered its temporary disability and familyleave insurance contribution rates for 2023, according to the state’sDepartment of Labor and Workforce Development. |
Connecticut Expands Employee Leave for Domestic Violence(posted: Thursday, November 3rd, 2022) Connecticut has amended its nondiscrimination laws to expand employees’ entitlement to take leave from work as a result of domestic violence. |
Alerts for October | |
Court of Appeals Allows Overtime for Booting Up Computers(posted: Monday, October 31st, 2022) This Decision Is Now Binding Precedent In The 9th Circuit On Oct. 24, 2022, the 9th U.S. Circuit Court of Appeals held that call center workers can seek overtime compensation under the Fair Labor Standards Act (FLSA) for the time |
EEOC Issues FAQs on New “Know Your Rights” Workplace Poster(posted: Wednesday, October 26th, 2022) New Poster Was Revised and Reissued Oct. 20, 2022 On Oct. 25, 2022, the Equal Employment Opportunity Commission (EEOC) issued FAQs about a new poster it initially issued on Oct. 19, 2022, and then revised on Oct. 20, 2022. |
Alaska Announces $10.85 Minimum Wage for 2023(posted: Wednesday, October 26th, 2022) The State Minimum Wage Rate Is Adjusted Annually To Reflect The Cost of Inflation On Oct. 20, 2022, the Alaska Department of Labor and Workforce Development (DLWD) announced the state’s minimum wage rate will increase from $10.34 to $10.85 per |
IRS Releases 2023 Retirement Contribution Limits(posted: Tuesday, October 25th, 2022) The Internal Revenue Service (IRS) has released Notice 2022-55, containing cost-of-living adjustments for 2023 that affect amounts employees can contribute to 401(k) plans and individual retirement accounts (IRAs). |
Washington, D.C., Issues Updated PFML Notice(posted: Monday, October 24th, 2022) The District of Columbia has updated the model noticeemployers are required to use under the Universal Paid Leave Act. |
Washington and Oregon Issue Joint Guidance on PFML Programs(posted: Friday, October 21st, 2022) Washingtonstate and Oregon will primarily consider the place where work was performed indetermining which state’s paid family and medical leave (PFML) program appliesto an employee, according to a joint letter issued this month by the OregonEmployment Department and the Washington Employment Security Department. |
Model Notice for Oregon PFML Now Available(posted: Thursday, October 20th, 2022) The Oregon Employment Department has issued a model noticeemployers may use to meet their employee notification obligations under thestate’s paid family and medical leave program. These obligations takeeffect Jan. 1, 2023. |
EEOC Updates Workplace Poster(posted: Wednesday, October 19th, 2022) New Poster Clarifies Employee Rights and Protections On Oct. 19, 2022, the Equal Employment Opportunity Commission (EEOC) issued a new poster titled “Know Your Rights,” which updates and replaces the previous “EEO is the Law” poster. Under |
Qualified Transportation Fringe Benefit Limits to Increase in 2023(posted: Wednesday, October 19th, 2022) The IRS has released Revenue Procedure 2022-38, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2023 taxable year, along with annually adjusted numbers for 2023 for other tax provisions. |
Delaware Adopts Wage Theft Law(posted: Wednesday, October 19th, 2022) New Law Also Defines Independent Contractor Status On Oct. 11, 2022, Delaware adopted Senate Bill (SB) 35 to define wage theft in the state and provide specific enforcement penalties. The Delaware Legislature stated that SB 35 will curtail “under the |
Federal Court of Appeals Finds DACA Policy Unlawful(posted: Wednesday, October 19th, 2022) The Case Has Been Remanded To A Lower Court To Evaluate Validity of 2022 Final Rule On Oct. 5, 2022 the U.S. Court of Appeals for the Fifth Circuit upheld the 2021 Southern District of Texas court decision, declaring that the |
DHS Extends Form I-9 Flexibilities Until July 31, 2023(posted: Monday, October 17th, 2022) The Extension Will Help Compliance When COVID 19 Precautions Are Still Necessary On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) announced it is extending updated flexibilities for Form I 9 due to the continued safety precautions related |
IRS Expands Section 125 Mid-year Election Change Rules(posted: Thursday, October 13th, 2022) On Oct. 11, 2022, the IRS released Notice 2022-41, expanding the situations in which individuals can change their health coverage elections mid-year under a Section 125 cafeteria plan. |
Employers to Continue Using Current Form I-9 Until Further Notice(posted: Wednesday, October 12th, 2022) The Current Form Is Set To Expire October 31 On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) published instructions for employers to continue using the Employment Eligibility Verification form (Form I 9) when hiring new employees until |
California to Increase PFL and Disability Pay Beginning in 2025(posted: Tuesday, October 11th, 2022) California has extended its current rates of state disability insurance and paid family leave compensation through Dec. 31, 2024, and instituted an increase to take effect after that date. |
DOL Proposes New Independent Contractor Classification Rule(posted: Tuesday, October 11th, 2022) Employers To Consider Totality Of Circumstances In Classification Efforts On Oct. 11, 2022, the U.S. Department of Labor (DOL) announced a proposed rule to rescind and replace its 2021 independent contractor classification rule under the Fair Labor Standards Act (FLSA). |
Colorado SecureSavings Expected to Launch in Early 2023(posted: Monday, October 10th, 2022) Colorado’s new state-sponsored retirement savings program—called Colorado SecureSavings—is expected to open in early 2023. |
State of Washington Announces $15.74 Minimum Wage Rate for 2023(posted: Thursday, October 6th, 2022) The New Rates Become Effective on Jan. 1, 2023 Washington state announced its minimum wage rate will increase from $14.49 to $15.74 per hour on Jan. 1, 2023. Employers may continue to pay employees who are 14 or 15 years |
DOL Announces Amendments to H-2A Visa Program(posted: Thursday, October 6th, 2022) The Rule Strengthens Employee Protections and Updates Employer Participation Process On Oct. 6, 2022, the U.S. Department of Labor (DOL) announced the publication of the Temporary Agricultural Employment of H 2A Nonimmigrants in the United States final rule. The DOL |
California Mandated Bereavement Leave Takes Effect Jan. 1, 2023(posted: Thursday, October 6th, 2022) On Sept. 29, 2022, AB-1949 was signed into law, amending the California Family Rights Act (CFRA) to provide eligible employees with up to five days of bereavement leave upon the death of a family member. |
Ohio Announces $10.10 Minimum Wage for 2023(posted: Thursday, October 6th, 2022) The New Rate Applies to Employers That Gross At Least $371,000 Ohio’s Department of Commerce announced the state minimum wage rate will increase from $9.30 to $10.10 per hour on Jan. 1, 2023, for nonexempt employees. The 2023 |
DOL Announces 2023 Minimum Wage Rates for Federal Contractor Employees(posted: Thursday, October 6th, 2022) Rates Will Increase Under Executive Orders 13658 and 14026 On Sept. 30, 2022, the U.S. Department of Labor (DOL) published notices to inform federal contractors of higher minimum wage rates for 2023. One notice applies to federal contractors subject to |
Montana Announces 2023 State Minimum Wage Rate(posted: Wednesday, October 5th, 2022) The State Minimum Wage Rate Will Increase To $9.95 Per Hour On Jan. 1, 2023 Montana announced that the state minimum wage rate will increase from $9.20 to $9.95 per hour on Jan. 1, 2023, for nonexempt employees. State law |
South Dakota Announces 2023 State Minimum Wage Rate(posted: Wednesday, October 5th, 2022) The State Minimum Wage Rate Will Increase To $10.80 Per Hour On Jan. 1, 2023 South Dakota announced the state minimum wage rate will increase from $9.95 to $10.80 per hour on Jan. 1, 2023, for nonexempt |
Massachusetts Announces PFML Rates for 2023(posted: Wednesday, October 5th, 2022) The Massachusetts Department of Paid Family and MedicalLeave has published the PFML contribution and maximum benefit rates for2023. |
California Employee Leave to Cover Care for a ‘Designated Person’(posted: Tuesday, October 4th, 2022) CaliforniaGov. Gavin Newsom has signed into law a bill expanding the California FamilyRights Act and the Healthy Workplaces, Healthy Families Act tocover employee leave to care for a “designated person.” |
Alerts for September | |
New Jersey Adjusts Scheduled Minimum Wage Rate Increase(posted: Wednesday, September 28th, 2022) Adjustments To Scheduled Increases Are Possible During Times Of High Inflation On Sept. 20, 2022, the New Jersey Department of Labor and Workforce Development (LWD) announced the state’s minimum wage rate will increase to $14.13 per hour on Jan. 1, |
Alaska Updates State Minimum Wage Exemptions(posted: Tuesday, September 27th, 2022) The Amendments Become Effective Dec. 12 On Sept. 14, 2022, Alaska adopted amendments to the state’s minimum wage law exemptions. These amendments remove the exemption for workers with disabilities and add an exemption for certain summer camp employees. The amendments |