Eighth annual survey of more than 1,300 employers finds HR and business leaders grappling with increasingly complex compliance challenges, focused on preventing workplace harassment and pay inequality

Jim Paretti explains his view about the independent contractor rule that applies to real estate agents, and how it’s reviving an ongoing debate weeks before the regulation is set to take effect.

Law360 Employment Authority

View (Subscription required.) 

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that reasonably and in good faith believed it was providing a complete and accurate wage statement has a viable defense to a claim for penalties under the California wage statement statute.

Background

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight.  The hospitality industry was particularly hard hit, as business and leisure travel evaporated.  Many businesses were forced to lay off workers, and California’s unemployment soared.

As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.

Law360 Employment Authority

View (Subscription required.)

Paul Piccigallo talks about considerations for employers when raising minimum wage in the midst of rising inflation.

SHRM Online

View (Subscription required.)

The state of epidemic emergency in Poland will be lifted on July 1, 2023, and Paweł Sych explains how this will affect workers and employers.

interia biznes

View

The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v. Ragan, 2021 COA 75, settled an open question in Colorado regarding whether ERISA preempts “post-distribution” lawsuits under Colorado’s divorce-revocation statute. Specifically, the court held that ERISA preempts lawsuits against a former spouse to recover plan benefits that were distributed to the former spouse as the named beneficiary.

Anne Sanchez LaWer advises employers to evaluate the extent to which state laws restricting abortion may impact their healthcare plans, privacy practices, leave accommodations, company culture and other employment policies.

SHRM Online

View (Subscription required.)

Employers are under the microscope from internal and external stakeholders to weigh in on myriad social issues and current events. To publish, or not to publish in each instance? That is the question. In this brief “podcast-ette,” Alyesha Asghar Dotson highlights the self-assessment that an employer ought to engage in before pressing that publish or print button.
 

UPDATE: Since publication, we made a clarifying edit concerning the reasons an employee will be able to use paid sick leave under the amended law.

The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory employer-sponsored meetings, immigration reporting, paid leave, and the minimum wage. Each new bill or ordinance is discussed below. 

New Law Expands and Clarifies Non-Compete Statute

Introducing the latest UK Immigration Rules Statement of Changes, Legal Immigration Minister Tom Pursglove announced that they will “deliver the biggest ever cut to migration over the course of this year.”

The Statement of Changes HC590 will have serious consequences for employers from April 4, 2024, as well as for British citizens and settled residents bringing partners to live with them in the UK from April 11.

On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system, including federal E-Verify, as having identification discrepancies. The new rights and protections created by SB0508 will take effect on January 1, 2025. This evaluation does not address whether the state law directly restricts or curtails the use of E Verify.

Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

View (Subscription required.)

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records.¹  Generally, an employer cannot make decisions on the basis of an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job at issue.²  For many years, the state agencies responsible for enforcing this law—the Wisconsin Department of Workforce Development (DWD) and the Labor and Industry Review Commission (LIRC)—have taken the view that crimes of domestic violen

It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliance challenges.  For the past several years, we have reported on employment and labor laws taking effect mid-year.  The trend is increasing, with states and cities passing a multitude of new workplace regulations throughout the calendar year. 

California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace. Littler Workplace Policy Institute has been tracking these bills as they worked their way through the legislature. Some were signed into law by Governor Newsom earlier this year and have already gone into effect.

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment purposes, i.e., for the purpose of evaluating an individual for employment, promotion, reassignment, or retention as an employee.  The legislation, entitled An Act Reducing Barriers to Employment Through Credit Discrimination (H.1434), is expected to be adopted by the Massachusetts Senate and promptly signed into law by Governor Maura Healy.  Once adopted, th

On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the pandemic-related issue of employees working remotely from the Island for “out-of-state” employers with no business nexus to Puerto Rico.

Pursuant to Act 52-2022, for taxable years commencing after December 31, 2021, businesses with employees working remotely from Puerto Rico will not be deemed “engaged in trade or business,” provided the following conditions are met:

UK Chancellor Jeremy Hunt delivered the Autumn Statement (Medium-term Fiscal Plan) on November 17, 2022. The plan states that the government’s priorities are “stability, growth and public services,” and sets a markedly different tone from the “Growth Plan” published in September, which promised to make “growth the government’s central economic mission.”

Bradford J. Kelley and Maria Malaver-Reyes discuss how Loper Bright will impact federal and state administration of AI statutes, regulations and guidance.

Westlaw Today

View (Subscription required.)

Adam Fiss and Sebastian Chilco review updates to California’s paid leave law.

Wolters Kluwer

View (Subscription required)

Adam Joshua Fiss and Sebastian Chilco discuss a new California law that will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave benefits.

SHRM

View (Subscription required)

Bradford Kelley, Sean O’Brien and Alice Wang discuss a new AI framework from the U.S. Department of Labor and what it means for employers. (Subscription required)

Law360

View (Subscription required)

Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding.

International Law Quarterly

View

Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year.  For the past several years, we have reported on employment and labor laws taking effect mid-year. Increasingly, new compliance challenges are not taking a summer vacation.

California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted.  This Insight includes highlights of new laws affecting employers and is not intended to cover every new state and local law that was enacted this session.

Employers should begin reviewing these requirements to help ensure compliance with these new laws. Time to update those Employee Handbooks and train the management team!

Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

State Net Capitol Journal

View (Subscription required.)

As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state.

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system