As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators with legitimate questions about how those schemes interact with the federal Family and Medical Leave Act (FMLA).
Recently released guidance from the United States Department of Labor (DOL), in the form of an opinion letter, attempts to resolve many of those questions.
Continue Reading FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of
Labor Guidance for Employers Tries to Answer Tricky Questions
Labor and Employment Law Update
Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. We cover topics including addressing harassment and discrimination in the workplace, developing labor law, navigating through ADA(AA), FMLA and workers’ compensation issues, avoiding wage and hour landmines, key legislative, case law and regulatory changes and much more! Learn more about our firm at www.salawus.com.
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Latest from Labor and Employment Law Update
Ohio Employers: New Pay Stub Protection Act Requirements
Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements.
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Protect Your Company’s Inventions With an Innovation Capture Program
If you are concerned your company’s innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying valuable inventions and taking steps to pursue patents, your company can gain a competitive edge.
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H-1B Modernization Rule Finalized
The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides stability for employers and employees alike. The rule’s implementation coincides with the start of a new administration, adding potential uncertainty.
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NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices Limited by Federal Court of Appeals Decision
On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering Starbucks to pay damages beyond what it unlawfully withheld (reinstatement, lost wages, and lost benefits) from two unlawfully terminated employees.
Continue Reading NLRB’s Authority to Order Employers to Reimburse for Unfair Labor Practices
Limited by Federal Court of Appeals Decision
New State Labor and Employment Laws Impacting Employers Nationwide to Take Effect on January 1, 2025
By Kevin Kleine
New state laws impacting employers will be going into effect on January 1, 2025. Below is a non-exhaustive summary of major state laws taking effect January 1, 2025. Employers should be mindful of and continue to follow their state and local laws
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Effect on January 1, 2025
State Minimum Wage Rate Increases Effective January 1, 2025
By Kevin Kleine
New minimum wage increases impacting employers will go into effect on Jan. 1, 2025. Summaries of new minimum wages in various jurisdictions are summarized below.
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What Employers Can Expect Under the Second Trump Administration
Now that dust has settled from the November 2024 election, here’s what employers should reasonably expect under the incoming Trump administration with a republican controlled Congress and a U.S. Supreme Court that is generally right-leaning.
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What Construction Employers Need to Know About OSHA’s Final Personal Protective Equipment Standard
On December 12, 2024, the the Occupational Safety and Health Administration (OSHA) issued its revision to the personal protective equipment (PPE) standard for construction to ensure properly fitting PPE for all construction workers.
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Protective Equipment Standard
Illinois Department of Labor Gives Long-Awaited Guidance on January 1, 2025 Pay Transparency Requirements
Less than a month before the changes are set to go into effect, the Illinois Department of Labor has given employers some guidance on how the department will be enforcing the new requirements and published the poster that employers must display to their employees.
Continue Reading Illinois Department of Labor Gives Long-Awaited Guidance on January 1, 2025
Pay Transparency Requirements
How Will the Trump Administration Impact Your Business?
The election results are in and many are wondering what to expect for business employment immigration. With relatively little information available at this point, it can be challenging to speculate about what is going to happen. What we do know may be gleaned from President-Elect Trump’s first administration.
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Election Results May Lead to More States Implementing Paid Leave
2025 is set to be another year of expanded paid leave requirements for employers. While the results are still preliminary, employers should start preparing in the states that have voted in new leave laws.
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NLRB Bans Mandatory Captive Audience Meetings to Help Unions Mislead Workers
On Nov. 13, 2024, the National Labor Relations Board outright banned mandatory captive audience meetings, holding that they constitute an automatic unfair labor practice that violates section 8(a)(1) of the National Labor Relations Act.
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Workers
Federal Judge Blocks the U.S. Department of Labor’s Overtime Exempt Salary Increase Rule on a National Scale
On Nov. 15, 2024, a federal judge in Texas invalidated the United States Department of Labor’s rule that raised the minimum salary levels under the Fair Labor Standards Act “white collar” exemptions. As a result, the minimum salary levels that were in place prior to July 1, 2024, now apply again effective immediately.
Continue Reading Federal Judge Blocks the U.S. Department of Labor’s Overtime Exempt Salary
Increase Rule on a National Scale
Impact of Strengthened Mental Health Parity Laws: What Employers and Health Care Providers Need to Know
Insurance coverage requirements for mental health and substance use disorders (“MH/SUDs”) is changing in a way that impacts group health plans, employers, and behavioral health providers.
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Care Providers Need to Know
What Employers Need to Know About California’s New Social Compliance Audit Law
On September 22, 2024, Governor Newsom signed Assembly Bill 3234 (A.B. 3234) into law, which requires employers who voluntarily conduct a “social compliance audit” of their business operations and practices to post a clear and conspicuous link on their website to a report detailing the findings of the employer’s compliance with child labor laws. This law goes into effect on January 1, 2025.
Continue Reading What Employers Need to Know About California’s New Social Compliance Audit
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