Welcome to the latest edition of AlphaStaff's Monthly Compliance Updates!
We are pleased to provide you with national and state legal updates and highlight resources provided by some of AlphaStaff’s trusted legal partners to guide and help keep you in compliance.
National Updates
State Laws Complicate Salary Requirements for Exempt Employees
In light of the U.S. Department of Labor’s (DOL) recent updates to the minimum salary thresholds for exempt employees under the Fair Labor Standards Act (FLSA), it is crucial for employers to reassess their employees' exemption statuses. As of July 1, 2024, the minimum salary for white-collar exemptions (executive, administrative, and professional) increased to $844 per week ($43,888 annually). This threshold will rise again on January 1, 2025, to $1,128 per week ($58,656 annually), with further automatic increases every three years starting July 1, 2027.
However, employers must also consider varying state law requirements, which may impose higher salary thresholds than the new federal standards. For instance, states like Alaska, California, Colorado, New York, and Washington already have higher salary requirements for exemptions.
Employers should review employees' exemption status, particularly in states with higher thresholds, to ensure compliance with both federal and state laws. This may involve adjusting salaries to meet the most stringent applicable standards. Additionally, employers should stay informed of upcoming changes and automatic increases to maintain compliance over time.
Click here for more details from Littler.
Mid-Level Manager May be Personally Liable for Wage Violations
A recent ruling by the 11th U.S. Circuit Court of Appeals has underscored the broad definition of "employer" under the Fair Labor Standards Act (FLSA), holding a hotel manager personally liable for wage and hour violations. The case involved a front desk clerk who sued for not receiving minimum wage or overtime, and the court found that both the hotel owner and his son, who managed day-to-day operations, were individually liable. This ruling highlights that individual liability under the FLSA is not confined to owners or executives; anyone with direct responsibility over employees or significant control over company operations can be held liable.
Please click here to review suggested strategies from our legal partner, Fisher Phillips, to reduce the risk of liability. These steps are crucial, especially in jurisdictions covered by the 11th Circuit (Georgia, Florida, and Alabama) to minimize the risk of individual liability for wage and hour violations.
EEOC Recommends Individualized Assessments of Criminal Background Checks
Employers conducting post-offer criminal background checks must be mindful of potential legal risks, particularly regarding potential discrimination claims. The Equal Employment Opportunity Commission (EEOC) recently sued an employer for using a blanket “pass/fail” matrix in its background check process, which allegedly led to a disproportionate exclusion of minority applicants. The lawsuit underscores the need for individualized assessments rather than automatic disqualifiers.
The EEOC recommends that employers consider each applicant's criminal history on a case-by-case basis, focusing on factors such as the nature of the offense, time elapsed, and relevance to the job. Employers should also allow candidates to provide mitigating information before making a final decision. Creating written policies and training hiring staff on these procedures are critical steps to ensure compliance. Employers should also be aware of state and local laws, such as "ban the box" regulations and specific requirements like New York’s eight-step analysis under Article 23A.
For employers who rely on staffing agencies, like manufacturers, it is crucial to ensure that agency hires as well as direct hires undergo proper individualized assessments to avoid liability.
Click here to read more from Jackson Lewis.
NLRB Rescinds 2020 “Election Protection Rule”
The National Labor Relations Board (NLRB) has rescinded the 2020 Election Protection Rule regarding Labor Unions and introduced the “Fair Choice-Employee Voice Final Rule,” effective September 30, 2024.
Key aspects of the new rule include:
- Blocking Charges - The new rule allows Regional Directors to delay elections if a party files an unfair labor practice charge, reversing the 2020 rule that required elections to proceed despite pending charges.
- Voluntary Recognition Bar - The rule reinstates a six-month to one-year bar on filing decertification petitions following a union's voluntary recognition, removing the 45-day notice period that allowed employees to challenge this recognition under the 2020 rule.
- Union Recognition in Construction - The rule returns to allowing contract language alone to prove majority support in the construction industry, reducing the burden on unions and employers compared to the 2020 requirement for additional evidence of support.
Employers may want to consider reviewing their labor strategies, particularly how they educate employees on their rights and the implications of the new rule. This is especially true in the construction industry, where contract language could more easily solidify union relationships. Given recent judicial pushbacks against similar NLRB decisions, potential legal challenges to this rule may arise. AlphaStaff will continue to monitor for further developments.
Click here to read more from Fisher Phillips.
Game-Changing SCOTUS Ruling Serves Up a Menu of Possibilities for Hospitality Employers
The recent Supreme Court ruling overturning the Chevron doctrine has significant implications for employers, particularly in the hospitality industry. This landmark decision, issued on June 28, 2024, removes the requirement for courts to defer to federal agencies' interpretations of ambiguous statutes, shifting power from agencies to the judiciary. Hospitality employers—such as those operating hotels, restaurants, and entertainment venues—should be aware of how this change may impact critical areas like tip pooling regulations, wage and hour rules, labor relations, and workplace safety.
With agencies like the Department of Labor (DOL) and the National Labor Relations Board (NLRB) likely to face increased judicial scrutiny, hospitality businesses may see a reduction in regulatory burdens that have historically been difficult to challenge. However, this new legal environment could also lead to increased regulatory uncertainty, potential delays in rulemaking, and inconsistent interpretations across different jurisdictions, complicating compliance efforts.
Click here to review several strategies from Fisher Phillips for remaining proactive and navigating this evolving landscape. By taking these proactive steps, employers can better position themselves to adapt to the post-Chevron regulatory environment.
Federal Trade Commission’s (FTC) Non-compete Ban Struck Down
A Texas federal court has struck down the FTC's proposed nationwide ban on non-compete agreements, which was set to take effect on September 4, 2024. This ruling means that employers can continue to enforce non-compete clauses as permitted by their respective state laws. The court’s decision, delivered by Judge Ada Brown, was based on two key arguments: the FTC overstepped its authority by issuing the rule, and the rule itself was deemed "arbitrary and capricious" due to its overly broad scope and lack of consideration for state-specific nuances.
While the FTC may attempt to appeal, the likelihood of the rule being reinstated is slim, particularly given the business-friendly leanings of the 5th Circuit Court of Appeals and the Supreme Court's recent skepticism of broad agency regulatory powers. For now, employers should focus on ensuring that their non-compete agreements are compliant with state laws, particularly as the FTC could still pursue targeted investigations.
AlphaStaff will continue to monitor developments on the FTC rule and be sure to update you.
Click here to read more from Fisher Phillips.
State Non-Compete Restrictions in Healthcare
Louisiana and Pennsylvania are the newest states to pass legislation significantly limiting an employer’s ability to enforce non-compete agreements for physicians. Below are summaries of the new legislation in each state:
In Louisiana, Senate Bill 165 becomes effective January 1, 2025. The law limits the duration and geographical scope of non-compete clauses for specialty and primary care physicians. Non-compete agreements for primary care physicians, defined as those practicing in family medicine, internal medicine, pediatrics, obstetrics, or gynecology, must expire within three years of the initial contract date. For other physicians, the limit is five years. Click here to read more from Jackson Lewis.
In Pennsylvania, the Fair Contracting for Health Care Practitioners Act becomes effective on January 1, 2025. This legislation significantly impacts non-compete covenants and patient non-solicitation provisions between employers and healthcare practitioners. Specifically, the Act prohibits covenants that restrict a healthcare practitioner's ability to treat or accept new patients if the covenant exceeds one year or if the practitioner was dismissed by the employer. Notably, restrictive covenants remain enforceable if they are limited to one year and/or the practitioner voluntarily separates from employment. Click here to read more from Littler.
The recent actions by Louisiana and Pennsylvania illustrate that employers stay informed regarding the growing number of state restrictions on non-competes.
State Updates
California PAGA Reform Becomes Law
On July 1, 2024, California Governor Gavin Newsom signed legislation reforming the California Private Attorneys General Act (PAGA), providing significant relief to employers. The new law applies to PAGA actions on or after June 19, 2024, and introduces several key changes aimed at reducing the burden of PAGA claims.
The reform focuses on reducing penalties for employers who take proactive steps to comply with employment laws. Employers who address potential violations before disputes arise can benefit from penalty reductions of as much as 85%. The law also clarifies when heightened penalties can be applied, limiting them to cases where an employer’s conduct has been previously deemed unlawful by a court or agency, or where the behavior is particularly egregious.
The legislation also introduces a fairer approach to penalties for employers who pay their employees weekly. Additionally, it limits the ability of PAGA plaintiffs to bring claims for violations they did not personally experience, potentially reducing the scope of many lawsuits.
Employers are encouraged to update their handbooks, conduct internal audits, and provide additional training to employees to align with the new requirements. By taking these steps, employers can better navigate the complexities of PAGA and mitigate potential legal risks.
Please follow this link to learn more from Fisher Phillips.
California Employers Posting of Model Whistleblower Notice
California Governor Gavin Newsom has signed Assembly Bill 2299 into law, which provides a clear path for employers to comply with whistleblower protections by posting a soon-to-be-released model notice. Effective January 1, 2025, employers who display this model notice will automatically be deemed compliant with existing whistleblower posting requirements. The California Labor Commissioner will develop the model notice and make it available by the end of 2024.
Additional compliance considerations for California employers include:
- Update Handbook and Policies - Review and revise your employee handbook and policies to ensure they accurately reflect whistleblower rights and protections against unlawful retaliation.
- Educate Managers and Supervisors - Train your management team on the correct procedures for handling whistleblower complaints, emphasizing the importance of escalating these issues to Human Resources.
- Enhance HR Training - Ensure your HR department is well-versed in whistleblower laws and retaliation protections to handle complaints effectively.
- Monitor for the Model Notice - Stay informed about the release of the model notice by subscribing to relevant legal updates and plan to integrate it into your workplace as soon as it becomes available.
- Post Current Notices - Continue displaying any existing whistleblower protection notices, but plan to adopt the new model notice by January 1, 2025, to guarantee compliance.
By taking these steps, employers can ensure they are prepared for the upcoming changes and minimize the risk of non-compliance.
Please follow this link to learn more from Fisher Phillips.
Connecticut Adopts Narrow Definition of “Supervisor” for Hostile Work Environment Claims
The Connecticut Supreme Court has adopted the U.S. Supreme Court's narrow definition of "supervisor" when determining employer liability under the Connecticut Fair Employment Practices Act (CFEPA) for hostile work environment claims. This decision, made in the case of O’Reggio v. Commission on Human Rights and Opportunities, aligns CFEPA with federal standards set in Vance v. Ball State University.
According to this definition, a supervisor is an employee with the authority to make significant changes in employment status, such as hiring, firing, or reassigning employees. The ruling clarifies that employers can be held vicariously liable for a hostile work environment created by supervisors, provided they fail to take reasonable steps to prevent or remedy harassment.
Employers are advised to clearly define supervisory roles and ensure they have robust anti-harassment policies and complaint procedures in place to mitigate liability risks.
To read more on this topic from Littler, click here.
Florida’s “Stop Woke Act” Permanently Enjoined
Florida's "Stop WOKE Act," which sought to restrict workplace training on inclusion, equity, and diversity (IE&D), has been permanently struck down as unconstitutional. The law, officially known as the Individual Freedom Act (IFA), was enacted in 2022 and prohibited employers from requiring employees to attend meetings or training that promoted specific viewpoints related to race, color, sex, or national origin. However, this law faced significant legal challenges on the grounds that it violated free speech rights.
In 2022, the U.S. District Court for the Northern District of Florida issued a preliminary injunction, halting the enforcement of the workplace training portion of the law. The decision was later affirmed by the Eleventh Circuit Court of Appeals, which stated that Florida's attempt to censor certain viewpoints was a violation of the First Amendment. The appellate court emphasized that government censorship of speech, regardless of its content, is unconstitutional.
On July 26, 2024, Chief Judge Mark Walker converted the preliminary injunction into a permanent one, effectively prohibiting the enforcement of the workplace training restrictions of the Stop WOKE Act. This ruling restores employers' ability to implement IE&D programs without fear of violating state law.
Employers in Florida should review their current IE&D training programs to ensure compliance with the new legal landscape. Those who previously adjusted their programs to align with the IFA may want to revisit these changes considering the permanent injunction.
Please click here for more information from Littler.
Hawaii's New “Captive Audience” Law
Hawaii's new Captive Audience Prohibition Act (SB 2715), effective July 2, 2024, prohibits employers from requiring employees to attend or listen to meetings or communications that convey the employer's views on political matters. This legislation, now part of Hawaii's Unfair Labor Practices Law, makes it illegal for employers to discipline or take adverse action against employees who opt out of such meetings or communications.
"Political matters" are broadly defined as attempts to influence future votes. However, the law allows employers to hold these meetings as long as attendance is completely voluntary. The law also covers a wide range of employees, including domestic workers, those employed by family members, and those in executive or supervisory roles.
Similar laws in other states, like Minnesota and Connecticut, are currently facing legal challenges on the grounds of First Amendment violations and conflicts with the National Labor Relations Act. There is a possibility that Hawaii's SB 2715 may also face litigation. Employers in Hawaii should carefully consider compliance with this new law and stay informed about potential legal developments.
To read more on this topic from Littler, click here.
Latest Updates to Illinois Personnel Records Review Act
Effective January 1, 2025, Illinois has amended the Personnel Records Review Act, introducing new requirements for employers handling personnel record requests. Under HB 3763, employees must submit written requests, which may include electronic communications. These requests should specify the records sought, the format in which they should be provided, and whether the employee or their representative makes the request.
Employers are also required to provide access to additional categories of documents, including employee handbooks, employment-related contracts, and policies related to employment qualifications and disciplinary actions. These changes broaden employees' rights to inspect records beyond traditional personnel files. Employers must comply within seven working days of receiving a request, with a possible extension of an additional seven calendar days if necessary.
The Act also provides a legal mechanism for employees to seek enforcement in circuit court if the Illinois Department of Labor does not resolve complaints within 180 days. Employers face potential damages, including $200 for willful violations, and may be subject to contempt charges for non-compliance. It is crucial for employers to update their procedures to align with these amendments by the effective date.
Click here to read more from Littler.
Illinois Curtails Massive Damage Awards in Biometric Cases
On August 2, 2024, Illinois Governor J.B. Pritzker signed Senate Bill (SB) 2979, amending the Illinois Biometric Information Privacy Act (BIPA). The amendment addresses how violations are assessed when a private entity repeatedly collects or discloses the same biometric data from the same person using the same method.
Under the new law, each repeated collection or disclosure counts as a single violation, limiting an aggrieved party to one recovery for such repeated actions. This change directly responds to the Illinois Supreme Court's decision in Cothron v. White Castle System, Inc., which raised concerns about potential excessive damages under BIPA. The amendment also clarifies that electronic signatures are valid under BIPA, ensuring that businesses can rely on them as written releases. This amendment took effect immediately and aims to provide clearer guidelines for businesses on compliance and potential liabilities under BIPA.
Illinois employers using biometric data should review their collection and disclosure practices to ensure compliance with BIPA and assess any past actions that could be subject to claims under the clarified damages provisions.
For more information on this topic from our legal partner, Jackson Lewis, please click here.
Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act and Adds Protected Classes
Governor JB Pritzker recently signed several significant amendments to the Illinois Human Rights Act (IHRA) into law that will impact Illinois employers starting in 2025. These changes include a longer statute of limitations and new protected classes.
Key Considerations:
- Extended Statute of Limitations: Effective January 1, 2025, SB 3310 extends the deadline for filing an employment discrimination charge with the Illinois Department of Human Rights from 300 days to two years. This extension, one of the longest in the U.S., may increase discrimination cases in Illinois state courts.
- New Protected Classes: House Bill (HB) 2161 and 4867 introduce "family responsibilities" and "reproductive health decisions" as protected classes under the IHRA, effective January 1, 2025. Employers are prohibited from taking adverse actions based on an employee's family caregiving duties or their reproductive health decisions, including choices related to contraception, fertility, or pregnancy termination.
AlphaStaff will continue to monitor guidance from the Illinois Department of Human Rights and update you.
Click here to read more on this topic from Littler.
AI Regulation Continues to Grow as Illinois Amends its Human Rights Act
Illinois has enacted House Bill (HB) 3773, also known as the “Limit Predictive Analytics Use” bill, amending the Illinois Human Rights Act to regulate the use of artificial intelligence (AI) in employment decisions. Effective January 1, 2026, the bill adds new definitions for “artificial intelligence” and “generative AI” and outlines two primary ways employers may violate the Act.
First, if AI is used in employment practices such as hiring, promotion, or discipline, and it results in discrimination based on protected classes, this may constitute a violation. Second, employers must provide notice to employees when AI is used in these contexts. However, unlike similar laws in Colorado and New York City, Illinois does not mandate impact assessments or bias audits, though further regulations from the Illinois Department of Human Rights will clarify notice requirements.
Employers should begin reviewing their AI tools and practices to ensure compliance with this new legislation and prepare for forthcoming regulations. Collaboration with third-party vendors to understand the capabilities and risks of AI applications will be crucial for maintaining compliance and avoiding potential civil rights violations.
Click here to read more from Jackson Lewis.
New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors
On July 30, 2024, Governor JB Pritzker signed into law the “Child Labor Law of 2024” (S.B. 3646), which will take effect on January 1, 2025. This new legislation repeals Illinois’ previous child labor law and introduces stricter protections for minors under the age of 16. The law emphasizes safeguarding minors' health, safety, and education, aligning with recent national trends that contrast with states like Arkansas, Ohio, and New Jersey, which have moved to relax child labor restrictions.
Key provisions of the new law include:
- Employment Certificates - Employers must obtain an employment certificate for each minor, involving a detailed application process through the minor's school.
- Work Hour Restrictions - The Act sets limits on working hours, including a maximum of 18 hours per week during the school year and 40 hours per week when school is not in session. Specific times of day are also restricted, with exceptions for certain industries like entertainment and recreational activities.
- Prohibited Occupations - The law outlines over 30 additional prohibited occupations beyond those listed in federal law, including factory work and jobs involving alcohol.
- Employer Responsibilities - Employers must ensure minors are supervised by an adult, provide meal breaks for shifts over five hours, post compliance notices, and maintain employment records. The law also mandates reporting work-related injuries to the Illinois Department of Labor.
- Penalties - Violations of the Act can result in significant civil and criminal penalties, including fines up to $60,000 for the death of a minor due to non-compliance.
Considering the strict enforcement and significant penalties associated with the new law, Illinois employers should review and update their child labor policies and training procedures to ensure compliance by January 1, 2025.
Click here to read more from Littler.
Illinois Amends Temp Work Law to Increase Business Obligations
On August 9, 2024, Illinois Governor J.B. Pritzker signed several amendments to the state’s Day and Temporary Labor Services Act (DTLSA), significantly impacting the obligations of staffing agencies and their clients. These changes enhance equal pay and benefits standards, expand notice and paperwork requirements, and clarify worker rights during labor disputes.
Key takeaways from the amendments include:
- Enhanced Employment Notices - Staffing agencies must now provide more detailed employment notices to temporary laborers, including specific job duties, wages, transportation terms, and any required equipment or training.
- Application Receipts – Staffing agencies are required to provide a receipt to applicants who seek work but are not placed, detailing the applicant's information, the time they sought work, and the jobs they applied for.
- Labor Dispute Notifications - Before sending a temporary worker to a site with a labor dispute, staffing agencies must now provide a written statement about the dispute and inform workers of their right to refuse the assignment without repercussions.
- Revised Equal Pay Requirements - The equal pay obligation take effect after a temporary laborer has worked more than 720 hours for the same client within a 12-month period. The calculation of equal pay can be based on either Bureau of Labor Statistics data or the client’s employee compensation.
Staffing agencies and their clients should promptly review and adjust their policies to ensure compliance with these new requirements.
Click here to read more from our legal partner, Fisher Phillips.
Massachusetts Enacts a New Pay Transparency Law
Massachusetts has enacted the "Frances Perkins Workplace Equity Act," requiring employers to disclose salary ranges in job postings and submit demographic and pay data to the state. Beginning July 31, 2025, employers with 25 or more employees in Massachusetts must include the pay range in any job advertisement and provide this information to employees offered a promotion or transfer.
Additionally, employers with 100 or more employees already subject to federal EEO disclosures must submit demographic and pay data reports to the Massachusetts Executive Office of Labor and Workforce Development. The Massachusetts Attorney General will enforce the law, with penalties for non-compliance escalating from warnings to fines and civil citations for repeated offenses.
Employers will be granted a grace period to correct violations within the first two years. The law also prohibits retaliation against employees who exercise their rights under this statute, with limited legal recourse for those facing discrimination or retaliation.
Massachusetts employers should review their job posting processes and ensure compliance with the new reporting requirements to avoid penalties.
Click here to read more from Littler.
Michigan Supreme Court Holds Employers Must Pay Higher Minimum Wage and Provide Expanded Sick Leave Rights
Michigan employers will face significant changes starting in February 2025 due to a recent Michigan Supreme Court decision reinstating 2018 voter-initiated versions of the state's minimum wage and paid sick leave laws. The court ruled that state lawmakers unconstitutionally altered these laws, which will now take effect as originally proposed.
Key changes include annual minimum wage increases, with the minimum wage rising to $12 per hour by 2028, and the eventual elimination of the tipped hourly wage. Additionally, the Earned Sick Time Act (ESTA) will require employers to provide up to 72 hours of annual paid leave, applying to all employers regardless of size.
Employers should begin preparations now to ensure compliance. These changes necessitate proactive measures to align with the new legal landscape.
Click here to read more from our legal partner, Fisher Phillips.
Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals
On July 24, 2024, the United States Court of Appeals for the Third Circuit upheld the New Jersey Temporary Workers Bill of Rights, affirming a decision by the District of New Jersey Court. This 2023 law, signed by Governor Phil Murphy, mandates that temporary workers receive equal pay and benefits comparable to their direct employee counterparts, imposing significant new compliance requirements on staffing firms and employers in New Jersey.
Industry groups challenged the law, arguing that it disproportionately impacted in-state staffing firms and was vague in its terms, potentially violating the Dormant Commerce Clause. However, the Third Circuit rejected these claims, allowing the law to remain in effect. Employers should be aware that the New Jersey Department of Labor has begun audits to enforce compliance.
Businesses utilizing temporary workers should review current practices and contracts to ensure alignment with the law's requirements. While the state has issued Temporary Rules to guide compliance, further updates may be forthcoming.
Click here to read more from Littler.
New York’s Freelance Isn’t Free Act Will Take Effect August 28, 2024
As highlighted in the February 2024 edition of the AlphaAdvisor, New York’s Freelance Isn’t Free Act (FIFA) will become effective August 28, 2024. The new law will impose strict requirements on companies hiring freelancers, including independent contractors (1099 workers). Notably, FIFA mandates specific contract terms, timely payment, detailed recordkeeping, and prohibits discrimination against freelancers. Given the broad scope and applicability of FIFA, businesses engaging with freelancers should immediately familiarize themselves with these requirements.
Non-compliance risks are significant, including double damages for payment delays, statutory damages for contract and retaliation violations, and potential civil and criminal penalties, enforceable through civil litigation or administrative action by the New York State Department of Labor. The Act applies to nearly all individual and corporate employers but excludes government entities and professionals like attorneys and licensed medical practitioners.
For employers, action items include reviewing and updating contracting processes, ensuring all freelance engagements are documented with compliant contracts, and establishing protocols for timely payment and recordkeeping. This proactive approach will mitigate risks and align with the evolving landscape of freelance employment in New York State.
Click here to read more from Littler.
NYC Poised to Have the Most Stringent Pay Data Reporting Requirement in the Nation
A newly proposed bill in the New York City Council, Introduction 982-2024, aims to bolster pay equity and transparency by introducing rigorous pay and demographic data reporting requirements for employers with 25 or more employees working within the five boroughs. Starting February 1, 2025, these employers would be mandated to annually submit detailed reports to the NYC Department of Consumer and Worker Protection (DCWP). The required data includes employee wages, job titles, demographic information, and employment status, among other details. Employers must also submit a digital affirmation every three years, certifying their understanding and compliance with federal, state, and local pay equity laws.
This bill goes beyond current Equal Employment Opportunity Commission (EEOC) reporting requirements and aligns with a growing trend of states, like California and Illinois, implementing similar pay data reporting laws. If enacted, this legislation will likely set a new standard in pay data transparency.
Employers with a presence in New York City should begin preparing by reviewing their pay practices and ensuring compliance with existing pay equity laws.
Click here to read more from Littler.
Impact of Ohio Legal Recreational Marijuana on Employers
In November 2023, Ohio passed a law legalizing recreational marijuana, with sales beginning on August 6, 2024. Despite this, employers retain the right to enforce their drug policies as before. The new law does not require employers to permit or accommodate marijuana use, possession, or distribution in the workplace. Employers may still refuse to hire, discharge, or take disciplinary action against individuals for marijuana use, even if it occurs off-duty and is lawful.
Ohio employers can continue to enforce drug testing, drug-free workplace, and zero-tolerance policies. It is advisable to remind employees of company policies, particularly emphasizing that marijuana use during work hours, including breaks, is prohibited, and impairment on the job will not be tolerated.
Click here to read more from our legal partner, Jackson Lewis.
Untangling the Oregon Leave Quagmire
As highlighted in the May 2024 edition of the AlphaAdvisor, significant changes to Oregon's Paid Family and Medical Leave Insurance Program (Paid Leave Oregon or "PLO") and the Oregon Family Medical Leave Act (OFLA) are now in effect. These changes introduce additional complexities for employers managing employee leave. Under PLO, eligible employees can now take leave for various reasons, including childbirth, adoption, personal or family medical needs, and situations related to domestic violence, harassment, or stalking. Notably, beginning January 1, 2025, PLO also covers leave for legal processes related to foster care and adoption.
OFLA now allows for 12 weeks of leave for several circumstances, such as caring for a sick child, pregnancy-related disabilities, and bereavement. Importantly, PLO leave can no longer be taken concurrently with OFLA leave, although OFLA and FMLA leave can still overlap.
The Oregon Sick Time Law (OSTL) has been updated, permitting its use for various medical and caregiving reasons, including situations covered by OFLA and PLO. Employers should note that while PLO benefits provide wage replacement, employees may use other paid leave to supplement PLO benefits up to 100% of their regular wages.
To ensure compliance, Oregon employers should take steps to align their paid leave policies with this new legal requirement to ensure compliance with the law as amended. AlphaStaff will continue to monitor any further updates from the state on the proposed rules and Paid Leave Oregon guidelines.
Click here to read more from Littler.
