Monthly Archives: February 2024

Applies to: All Employers with Independent Contractors Effective: March 11, 2024 Quick Look The Department of Labor published a final rule used to determine whether a worker qualifies as an independent contractor or an employee under the FLSA. The new rule uses the six-factor economic realities test, focusing on whether a worker is economically dependent

Applies to: All Employers Effective: January 8, 2024 Quick Look The Department of Labor released additional guidance to assist the restaurant and retail, agriculture, care, transportation, and education industries in determining how to comply with the PUMP Act requirements. Employers may create temporary or shared spaces for pumping, provided that each space and person is

Applies to: As Indicated Effective: Pending Quick Look The Federal Acquisition Regulatory Council published the proposed rule “Prohibition on Compensation History Inquiries and Requirement for Compensation Disclosures by Contractors During Recruitment and Hiring.” Federal contractors and subcontractors would have to disclose the salary or wage range the contractor in good faith believes it will pay

Applies to: Employers with 15+ Employees in AL, FL, and GA Effective: December 12, 2023 Quick Look McDonnell Douglas is only one method for proving a Title VII discrimination claim. Plaintiffs may also prove a Title VII discrimination claim through a “convincing mosaic of circumstantial evidence that would allow a jury to infer intentional discrimination

Applies to: All Employers with at least 1 Employee in CO Effective: January 1, 2024 Quick Look Several amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) create additional requirements for employers. Employers must announce, post, or otherwise make known a job opportunity to all Colorado employees on the same calendar day and prior

Applies to: All Employers with Employees in the District of Columbia Effective: June 30, 2024 Quick Look C. is set to join the growing list of jurisdictions requiring pay transparency in job postings and advertisements. Employers must disclose the existence of healthcare benefits to prospective employees, prior to the first interview. Employers are prohibited from

Applies to: Private Employers with 5+ Employees in ME Effective: January 1, 2024 Quick Look Covered employers who do not offer a retirement savings plan must participate in the state-run mandatory requirement program. Employers with 15+ employees must register by April 30, 2024. Employers with 5+ employees must register by June 30, 2024. DISCUSSION In

Applies to: All Employers with Freelance Workers in NY Effective: May 20, 2024 Quick Look New York’s new Freelance Isn’t Free Act imposes contract, payment, recordkeeping, and anti-discrimination requirements on companies that hire freelance workers. New employer obligations apply to contracts with freelancers entered into on or after May 20, 2024. DISCUSSION A new law

Applies to: All Employers with Employees in WA Effective: January 1, 2024 Quick Look Paid sick leave is used at the employee’s option. PTO policies that combine with paid sick leave have updated notice and tracking requirements. Construction workers’ paid sick leave must be paid out upon termination. DISCUSSION SB 5111 amended the state paid

FEDERAL CIVIL PENALTIES INCREASED FOR 2024 The U.S. Department of Labor (DOL) published its final rule to adjust for inflation the civil monetary penalties assessed or enforced by the DOL in 2024. The civil penalties apply to violations under OSHA, Family and Medical Leave Act, Fair Labor Standards Act, and ERISA. The list also includes