State & Local Employment Law Developments: Q2 2024

State and local governments continue to increase workplace regulations. In the second quarter of 2024, we provide updates on significant recent and upcoming legislative and regulatory developments in California, Colorado, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, New Mexico, New York, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and West Virginia.

For the full alert, visit the Faegre Drinker website.

California Occupational Safety and Health Standards Board Approves Heat Illness Prevention Regulation

On June 20, 2024, the California Occupational Safety and Health Standards Board unanimously approved a new regulation codified at California Code of Regulations, Title 8, section 3396, which focuses on preventing heat illness in indoor workplaces. The new regulation introduces several key provisions, including mandatory indoor heat illness training and specific protocols for providing water and rest areas to employees. This alert dives deeper into the regulation and what it means for businesses operating in California.

For the full alert, visit the Faegre Drinker website.

Paving the Way for California PAGA Reform: AB 2288 and SB 92

The legislation, which was negotiated among Gov. Newsom, legislators, and labor and business groups, provides employers with new and powerful tools for addressing and defending PAGA claims. As a result of this new law, the initiative to repeal and replace PAGA, which was scheduled to appear on the November ballot in California, has been withdrawn. We summarize the key provisions of the reform legislation.

For the full alert, visit the Faegre Drinker website.

IRS Announces Final Regulations Implementing Prevailing Wage and Apprenticeship Requirements for Clean Energy Projects Under the Inflation Reduction Act

While the final regulations provide much needed guidance and predictability for taxpayers, they also make clear that the next step for anyone seeking the enhanced clean energy tax credits is to tighten internal compliance programs to guard against penalties or potential loss of the enhanced tax credits.

For the full alert, visit the Faegre Drinker website.

NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

J.O. Mory, Inc. represents a continuation of the Board’s attack on noncompetition agreements and a notable expansion to now target nonsolicitation covenants. Employers should take particular care to review the language of nonsolicitation agreements with covered employees to ensure that they are not likely to be construed to chill employees’ — and former employees’ — engagement in protected activity.

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

UK Labour Party Promises Major Changes to UK Employment Law

Labour is expected to win the UK general election on 4 July 2024, which is likely to bring about significant changes to UK employment law as Labour implements its manifesto pledges. We summarize the key employment pledges in the Labour manifesto, as well as the Employment Appeal Tribunal’s recent decision in Armes v TwistDX and Others, and recent changes to paternity leave and statutory flexible working requests.

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

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