Monthly Archives: September 2024

FTC Non-Compete Ban Blocked from Taking Effect

2024-09-12T14:13:17-07:00September 13th, 2024|

Applies to: All Employers Effective: August 20, 2024 Quick Look The U.S. District Court for the Northern District of Texas ruled the Federal Trade Commission’s (FTC) final rule prohibiting all non-competition agreements to be unlawful. This ruling has nationwide effect and blocked the FTC’s rule from going into effect on September 4, 2024. DISCUSSION The

Fifth Circuit: Court Strikes Down Tip Credit Rule

2024-09-12T14:12:07-07:00September 13th, 2024|

Applies to: All Employers Effective: August 23, 2024 Quick Look The S. Court of Appeals for the Fifth Circuit overturned the Department of Labor’s (DOL) 2021 regulation regarding how employers pay wages for workers who receive tips. Determining whether a job is a tipped occupation requires a look at the job as a whole, rather

Arizona: Restrictions on ADOSH Inspections

2024-09-12T14:10:49-07:00September 13th, 2024|

Applies to: All Employers with Employees in AZ Effective: September 14, 2024 Quick Look HB 2209 limits who may be present for an ADOSH inspection. Employers are allowed to require certain conditions during an ADOSH inspection. DISCUSSION HB 2209 implements restrictions on who may be present when an Arizona Division of Occupational Safety and Health

California: More PAGA Updates

2024-09-12T14:09:14-07:00September 13th, 2024|

Applies to: All Employers with Employees in CA Effective: As Indicated Quick Look PAGA representatives do not have standing to intervene in other PAGA representative lawsuits. PAGA penalties do not apply to public entities. DISCUSSION The California’s Private Attorneys General Act (PAGA) continues to be a hot topic for employers. Last month, the California Supreme

Colorado: Expanded Biometric Data Protections Coming in 2025!

2024-09-12T14:08:05-07:00September 13th, 2024|

Applies to: Covered Employers with Employees in CO Effective: July 1, 2025 Quick Look Employers must implement a written policy on collection and management of biometric identifiers. Employers must provide advance notice and employees must provide advance consent before biometric information can be collected and used. DISCUSSION HB 1130 amends the Colorado Privacy Act (CPA)

Illinois: Legislative Updates

2024-09-12T14:06:38-07:00September 13th, 2024|

Applies to: All Employers with Employees in IL Effective: As Indicated Quick Look Illinois amended the Human Rights Act to include new protected classifications and restrictions on the use of AI technology. BIPA reform confirms that multiple alleged collections of an individual’s biometric data constitute a single violation. Employees must meet specific requirements when making

Prince George’s County, MD: More Limitations on Background Screening

2024-09-12T14:04:02-07:00September 13th, 2024|

Applies to: Employers with 10+ Employees Effective: September 16, 2024 Quick Look Effective September 16, 2024, CB-019-2024 amends Prince George’s County’s criminal background screening law. The amendments place additional restrictions on employer inquiries into criminal records. Effective September 16, 2024, CB-019-2024 amends Prince George’s County’s criminal background screening law. As of the effective date, employers

Minnesota: New Independent Contractor Test for Construction Employees

2024-09-12T14:02:51-07:00September 13th, 2024|

Applies to: All Employers with MN Independent Contractors and Employees Effective: July 1, 2024 Quick Look HF 5247 severely penalizes employers who misclassify employees as independent contractors. In addition, the bill provides a new test as to whether a construction worker is an independent contractor. DISCUSSION HF 5247 increases penalties for employers who misclassify employees

New Jersey: Temporary Workers Bill of Rights Upheld

2024-09-12T14:01:36-07:00September 13th, 2024|

Applies to: All Employers with Temporary Workers in NJ Effective: July 24, 2024 Quick Look The Third Circuit Court of Appeals agreed with the District of New Jersey Court and refused to block New Jersey’s Temporary Workers Bill of Rights (Bill). This ruling means that Bill is in full force and effect. DISCUSSION On July 24, 2024,

Washington: Paid Sick Leave Amended

2024-09-12T14:00:21-07:00September 13th, 2024|

Applies to: All Employers with Employees in WA Effective: January 1, 2025 Quick Look SB 5793 expands the covered uses and definition of a family member under Washington’s Paid Sick Leave Law. DISCUSSION Effective January 1, 2025, SB 5793 expands the covered uses and definition of a family member under Washington’s Paid Sick Leave Law.

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