Employers with employees in Alaska, California, Connecticut, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New York or Washington — and in particular, employers with employees in multiple states with sick leave laws — should review their sick leave or paid time off policies to ensure compliance. We summarize the key provisions of these new and updated laws.
To view the full alert, visit the Faegre Drinker website.
The Eastern District of Texas recently vacated the 2024 EAP Exemption to the Overtime Rule. That means that the 2019 salary threshold of $684/week for EAP employees and annual salary threshold of $107,432 for highly compensated employees are now in effect again. Employers no longer need to plan for the additional automatic salary threshold increase that was scheduled to be effective on January 1, 2025, and are no longer required to adhere to the previous increase that went into effect on July 1, 2024.
Continue reading “The Post-Chevron World: 2024 Overtime EAP Exemption Rule Vacated”
As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those required by California’s Fair Chance Act (Fair Chance Act).
The Fair Chance Act (also known as “Ban the Box” law) bans employers with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. Covered employers also may not inquire about or consider an applicant’s criminal history until the applicant has received a conditional job offer. If an employer does conduct a lawful background check and decides to rescind an offer based on an applicant’s conviction history, the employer must (1) make an individualized assessment of whether the applicant’s conviction history relates to the specific job duties; (2) notify the applicant in writing of the preliminary decision; (3) grant the applicant at least five business days to respond before making a final decision; and (4) give the applicant an additional five business days to dispute the accuracy of their criminal history record and to seek evidence to support that contention. The Fair Chance Act also bans covered employers from considering certain convictions, including those that have been sealed, dismissed or expunged, and generally does not allow employers to consider arrests that did not result in convictions (subject to certain exceptions). Additional information published by the California Civil Rights Department regarding the Fair Chance Act can be found online.
Continue reading “Los Angeles County Fair Chance Ordinance – Summary of New Requirements”
While the FTC’s noncompete ban is still scheduled to go into effect on September 4, 2024, there are three ongoing legal challenges to it; and there are pending motions in all three cases that could enjoin it either nationwide or on some limited basis before then. In the meantime, employers may wonder what to do. We outline several options.
To view the full alert, visit the Faegre Drinker website.
The Michigan Supreme Court’s re-institution of the Earned Sick Time Act (ESTA) significantly expands Michigan’s sick leave requirements. Effective February 21, 2025, Michigan employers not previously covered by the Paid Medical Leave Act (PMLA) should implement a sick leave policy in accordance with the ESTA, and employers who currently follow the PMLA should review their policies and revise them to comply with the ESTA. The supreme court also reinstated the accelerated adoption of a $12 minimum wage in Michigan initiated by voters through the Improved Workforce Opportunity Wage Act.
To view the full alert, visit the Faegre Drinker website.
The FTC’s Rule banning noncompete agreements against the plaintiffs in Ryan LLC v. Federal Trade Commission has been enjoined. The court’s order signals a tough road ahead for the FTC’s Rule on a nationwide scale, although a second order is due by the end of July in a separate case. Nevertheless, employers should be aware of increasing judicial scrutiny and legislative limitations of restrictive covenants.
To view the full alert, visit the Faegre Drinker website.