Monthly Archives: February 2025

Applies to: All Employers Effective: December 19, 2024 Quick Look The EEOC issued guidance on the use of wearable technologies in the workplace, particularly how the use of this technology may violate federal employment laws. DISCUSSION On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the use of wearable technologies

Applies to: All Employers with Employees in CA Effective: As Indicated Quick Look Employees cannot circumvent arbitration agreements by bringing a purely representative PAGA claim without the individual portion of the PAGA claim. Arbitration agreements in handbook acknowledgements may be enforceable if they are written in a way that distinguishes the two purposes. DISCUSSION Two

Applies to: All Employers with Employees in CA Effective: January 17, 2025 Quick Look Employers, including those with household domestic service workers, must follow health and safety requirements for employees engaging in fire cleanup activities. DISCUSSION In response to the Los Angeles wildfire tragedies last month, Cal/OSHA issued guidelines for “Worker Safety and Health During

Applies to: All Employers with Employees in IL Effective: January 24, 2025 Quick Look Employers must factor nondiscretionary bonuses into the regular rate calculation for overtime hourly rates. DISCUSSION In Mercado v. S&C Electric Co., the Illinois Supreme Court said that employers must factor nondiscretionary bonuses into the calculation for overtime hourly rates. An employee’s

Applies to: All Employers with MA Employees Effective: February 1, 2025 Quick Look The Massachusetts Executive Office of Labor and Workforce Development (LWD) published FAQs providing guidance on the new pay transparency law and the key components of the pay data reporting obligations. DISCUSSION The Massachusetts Executive Office of Labor and Workforce Development (LWD) published

Applies to: Employers with Employees in NJ Effective: January 9, 2025 Quick Look The New Jersey Division on Civil Rights issued guidance clarifying that state discrimination law prohibits algorithmic discrimination resulting from the use of AI and other automated technology. DISCUSSION On January 9, 2025, the New Jersey attorney general and the Division of Civil

Applies to: All Employers with Employees in Madison, WI Effective: December 5, 2024 Quick Look Effective December 5, 2024, the Madison Common Council amended its EO ordinance to remove the three year lookback period for arrest and conviction records. DISCUSSION The City of Madison, Wisconsin amended its Equal Opportunities Ordinance to align with the Wisconsin

OTHER UPDATES DUAL JOBS STANDARD REINSTATED FOR TIPPED POSITIONS On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the Fifth Circuit overturned the DOL’s 2021 regulation regarding how employers pay wages for dual-job workers who receive tips. In 2021, the DOL issued a Final Rule allowing an employer to use the