Monthly Archives: October 2024

Applies to: All Employers Effective: September 24, 2024 Quick Look DOL’s AI Framework provides employers with resources to consider when implementing AI systems in the workplace, designed to reduce the risks of creating unintentional forms of discrimination and barriers to accessibility as they implement AI hiring technology. DISCUSSION On September 24, 2024, the U.S. Department

Applies to: All Employers Subject to OSHA Effective: Pending Quick Look OSHA publishes proposed rule for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. OSHA is requesting comments until December 30, 2024. DISCUSSION On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published a Notice of Proposed Rulemaking for Heat Injury

Applies to: All Employers with Employees in LA, MS, TX Effective: September 11, 2024 Quick Look The DOL has authority to set a minimum salary for the FLSA overtime exemption. DISCUSSION In Mayfield v. U.S. Dept. of Labor, the Fifth Circuit Court of Appeals said that the U.S. Department of Labor (DOL) has the authority

Applies to: All Employers with 15+ Employees Effective: September 30, 2024 Quick Look Employers can use the AskJAN Situations and Solutions Finder for ideas on what types of accommodations can be provided to employees based on their disability, limitation, and/or occupation. DISCUSSION The U.S. Department of Labor (DOL) recently announced availability of a new tool

Applies to: All Employers with Employees in ME, MA, NH, PR, and RI Effective: September 26, 2024 Quick Look In DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals said that Massachusetts law was correctly applied in upholding a noncompete provision in an employment agreement, rather than the application of California law. The defendant

Applies to: All Employers with Employees in KY, MI, OH, and TN Effective: January 30, 2024 Quick Look A plaintiff asserting a Title VII hostile work environment claim must allege that her “workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe and pervasive to alter the conditions of the victim's employment

Applies to: All Employers with Employees in AK, AZ, CA Effective: September 30, 2024 Quick Look A retaliation claim under the False Claims Act (FCA) must be analyzed under the McDonnell Douglas burden-shifting framework. Protected conduct does not have to lead to a FCA lawsuit. DISCUSSION In Mooney v. Fife, the Ninth Circuit Court of

Applies to: All Employers with Employees in AL Effective: October 1, 2024 Quick Look Starting October 1, 2024, overtime that is paid in accordance with the Fair Labor Standards Act (FLSA) is exempt from Alabama state income tax. DISCUSSION HB 407 amended Alabama’s Overtime Exemption Act to change what type of overtime pay is exempt

Applies to: As Indicated Effective:  As Indicated Quick Look Consumer Privacy Rights Act definitions will be updated; requirement for affirmative authorization for sharing minors’ personal information will be increased. PAGA exemption for construction employees is extended. Workers’ compensation claim processes are extended. Paid family leave and disability leave processes are extended. Expanded leave protections for

Applies to: Employers with 5+ Employees in CA Effective: September 23, 2024 Quick Look Failure to engage in the interactive process or provide a reasonable accommodation cannot be the basis for a discrimination claim. Allegations of failure to engage in the interactive process in good faith are irrelevant if there were no objectively identifiable reasonable