Each month, Optimum Employer Solutions gathers the latest updates and changes to federal and state
employment law. Read below to learn how these changes may affect you, and how Optimum can help you
ensure compliance.
HR Question
Question: An employee has requested a four-week medical leave to have major surgery. Do we have to hold his job for him?
Read on for the answer!
Federal/State Updates
Political Speech in the Workplace: Strategic Considerations for Employers
Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the visibility and impact of employees’ political views.
While political discourse can foster vibrant and diverse ideas, it also poses significant challenges for employers. Balancing employees’ rights with the need to maintain a harmonious and productive work environment requires a nuanced approach. This article explores strategic considerations for employers in addressing political speech in the workplace as we approach a historic presidential election. Read more here.
Upcoming Voting Leave Compliance Obligations
Election Day is almost here, so now is a good time to brush up on voting leave laws and make sure you’re posting any mandatory notices.
Voting Leave
Most states require that employers provide at least a few hours off to vote, and sometimes those hours need to be paid. Often these laws require very little advance notice from employees about their need for leave, so employers should be prepared to grant last-minute requests to leave work to vote.
If you’re in a state with early voting, you may want to encourage employees to take advantage of that option—by offering the same time-off benefit—to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference.
Required Notices
California, DC, and New York also require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically. (If you have a All in One Labor Law Poster, this posting may already be included.)
California
California requires the notice to be posted at least 10 days before the November 5 election—which is October 26, a Saturday. If you’re closed on Saturdays, we recommend posting or sending this notice by Friday the 25th. California’s notice can be found in English here and in other languages here.
The District of Columbia
DC requires that employers post a voting leave notice created by the DC Board of Elections (DCBOE) at least 60 days before the November 5 election—which is September 6. If you provide this notice electronically for remote employees, you need to get their acknowledgment of receipt. This election’s notice can be found in English and in other languages here. The DCBOE has a web page with additional information.
New York
New York requires the notice to be posted at least 10 working days before the November 5 election (this would be October 22 for a Monday through Friday workplace). New York’s notice is available here.
2025 Minimum Wage Updates
Please click HERE to find the minimum wage updates, by state and locality, that will be going into effect on January 1st, 2025. We have also provided links to the state sites for reference.
All employees working in these locations (including remote workers) will need to be increased to the new minimum wage amounts to be in compliance. Please note that, based on these new rates, the exempt salary threshold has also increased for several states.
You can find the minimum wage update list HERE.
California
CROWN Act Amended
On September 26, 2024, Governor Newsom signed Assembly Bill (AB) 1815, which amends the definition of “race” in the anti-discrimination provisions of the California Government Code, and Education Code, as well as the definitions of “protective hairstyles.” Under the bill, the same definitions apply to the Unruh Civil Rights Act which covers discrimination by businesses.
New Law Restricts Driver’s License Requirements in Job Postings
On September 28, 2024, Governor Newsom signed Senate Bill (SB) 1100 into law making it an unlawful employment practice to include statements about the need for a driver’s license in job advertisements, postings, applications, and similar employment material. Read more here.
New California Healthcare Minimum Wage in Effect
As of October 16th, the new healthcare minimum wage is in effect. We have previously sent information to all clients potentially impacted, however full details can also be found HERE.
Maine
Paid Family and Medical Leave Proposed Rules Released
The Maine Department of Labor (DOL) announced revised proposed rulemaking for the Maine Paid Family and Medical Leave Program. Read more here.
Maryland
Wage Transparency and Paystub Notice Laws Effective Oct. 1
The Maryland Department of Labor (MDDOL) has issued FAQs and template forms that are deemed to comply with the employer mandates of the Maryland Wage Transparency Law and the Paystub Notice Requirement scheduled to go into effect October 1, 2024. Read more here.
Massachusetts
PFMLA Doesn’t Require Employers to Allow Benefits Accrual
In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave. Read more here.
Michigan
Minimum Wage Clarification
Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now clarified what those minimum wage increases will be when the law takes effect on February 21, 2025. 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. HR QuestionQuestion: How can an employee claim harassment when offensive jokes or other conduct are not directed specifically at them?…
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Continue Reading Each month, Optimum Employer Solutions gathers the latest updates and changes to federal and stateemployment law. Read below to learn how these changes may affect you, and how Optimum can help youensure compliance. Question of the Month Question: An employee called out a few days ago by leaving a message with some vague informationabout being…
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