Counseling & Compliance Training - Page 2 of 91

The New Year Brings a Legal Challenge to Minnesota’s Earned Sick and Safe Time Law

Airlines for America filed a complaint seeking a declaratory judgment and injunctive relief against the Minnesota Commissioner of the Department of Labor and Industry, holding that Minnesota’s earned sick and safe time (ESST) law is preempted by federal laws applicable to the airline industry. The asserted negative impacts of the recent change in Minnesota’s ESST law are not limited to airline industry employers, as all Minnesota employers covered by the ESST law must comply with its requirements.

To view the full alert, visit the Faegre Drinker website.

New and Updated State Sick Leave Laws in 2025

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.

Section 301 Petition Pulled, But Tariffs Still on the Horizon

Companies should continue to stay informed about changing trade policies that could impact their operations and bottom line, as the withdrawal of this petition is unlikely to be the end of the discussion linking tariffs and the fentanyl epidemic in the United States.

To view the full alert, visit the Faegre Drinker website.

The Post-Chevron World: 2024 Overtime EAP Exemption Rule Vacated

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.

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Responding to the Vacated FLSA Salary Threshold Rule

Employers should consider the employee relations impact of making any changes, even if permissible, to previously implemented or announced salary increases to maintain the exemption from federal overtime and minimum wage law. Employers may also be required to provide advance notice of any wage change under applicable state law. In this second alert, we answer some FAQs.

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Los Angeles County Fair Chance Ordinance – Summary of New Requirements

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).

Background – the 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.
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