Each month, Optimum Employer Solutions gathers the latest updates and changes to federal and state employment law. Read on to learn how these changes may affect you, and how Optimum can help you ensure compliance.
Federal/State Updates District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act when it terminated her employment because she is transgender. Zinski v. Liberty University, Inc., No. 6:24-cv-00041 (Feb. 21, 2025). Read more here.
Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and 21, 2025, EOs banning “illegal DEI.” Read more here.
FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor markets and consumer protection, including targeting unreasonable noncompete agreements, no-poach, non-solicitation, and no-hire agreements, and unlawful use of diversity, equity, and inclusion (DEI) metrics. Read more here.
Immigration Considerations for Hospitality Employers President Trump’s promise to carry out the largest deportation of undocumented individuals while simultaneously limiting the immigration of foreign workers is causing unique concerns in the hospitality industry. From resorts that rely heavily on seasonal workers through H-2B visas in the summer, to the homemade arepa-themed restaurant that relies on uniquely qualified Colombian, Venezuelan, or Panamanian chefs, employers in the hospitality industry should be preparing for a potential flurry of activity. Read more here.
Quorum-Less EEOC and New Acting Chair: What Are the Impacts for Employers? The start of the second Trump Administration has brought significant changes to many areas of employment law, including to federal agencies, and the Equal Employment Opportunity Commission (EEOC) is no exception. Some moves were anticipated, but others were not. Read more here.
California California’s Proposed Location Privacy Act: A Potential Game-Changer for Tracking Location of Individuals Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB 1355), also known as the California Location Privacy Act. If passed, this bill would impose significant restrictions on the collection and use of geolocation data, requiring many businesses to overhaul their location tracking policies and procedures. Read more here.
Florida Florida Court Rules That the Florida Constitution Required a Public Employer to Accommodate Off-Duty Medical Marijuana Use A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. Read on here.
Illinois Illinois Pay Reporting Update for 2025: Additional Data Requirement as Enforcement Actions Increase In 2021, Illinois amended the Equal Pay Act of 2003 by adding a requirement that covered employers submit demographic and wage data to the Illinois Department of Labor (IDOL). This requirement applied to private employers with one hundred or more Illinois employees that were also required to file EEO-1 reports. These covered employers were required to obtain an Equal Pay Registration Certificate (EPRC) from the Illinois Department of Labor (IDOL) during the initial EPRC registration process, which ended on March 24, 2024.
The EPRC certification must be renewed every two years meaning that many employers that obtained their certifications in 2023 will be required to file new EPRC applications during calendar year 2025. As 2025 moves forward, IDOL is making updates to the EPRC application process and discussing these changes in a series of webinars. Read more here.
Michigan ALERT: Last-Minute Amendments to Michigan Earned Sick Time Act Effective Immediately On February 21, 2025, Michigan Governor Whitmer signed legislation that made significant changes to the Earned Sick Time Act (ESTA) that was set to go into effect that same day. Several key changes include:
Requiring all employers to display a poster and provide written notice to employees by March 23, 2025, that includes specific information regarding the ESTA (download this from the LEO’s website);
Changing the definition of “small employer” to be one with 10 or fewer employees (previously 9 or fewer);
Delaying the date for small employers to comply with the ESTA to October 1, 2025;
Requiring small employers to only provide 40 hours of paid sick leave and not the additional 32 hours of unpaid sick leave;
Permitting employers to use a single paid time off policy instead of separate ESTA and vacation policies;
Specifying that the rate at which sick leave must be paid does not include overtime pay, holiday pay, bonuses, commissions, supplemental pay, piece-rate pay, tips, or gratuities.
Giving an employee 15 days to provide documentation when requested by the employer;
Shortening the time for reinstating unused paid leave to when an individual is rehired within 2 months of separation (previously 6 months); and
Removing the presumption of employer retaliation that was contained in the voter initiative.
Michigan employers also need to be aware that Governor Whitmer signed other legislation amending the scheduled increases for minimum wage and tip credit changes.
New York New York Amends the Warehouse Worker Injury Reduction Act On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act. Read more here.
Each month, Optimum Employer Solutions gathers the latest updates and changes to federal and state employment law. Read on to learn how these changes may affect you, and how Optimum can help you ensure compliance. Federal/State UpdatesJudge Throws Out DOL Rule Raising Salary ThresholdA federal court recently struck down the U.S. Department of Labor’s rule…
Optimum Employer Solutions Recognized on Inc. 5000 2022 List
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Optimum Employer Solutions Designated an IRS ‘Certified Professional Employer Organization’
SANTA ANA, Calif., August 5, 2022 (Newswire) – Optimum Employer Solutions is very pleased to receive its designation as a Certified* Professional Employer Organization (CPEO) by the Internal Revenue Service (IRS). This designation affirms that the company responsibly manages federal payroll administration and tax reporting and payments for their clients. The rigorous application and vetting process to receive…