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.
Question: I have a problem employee who gave their two-week notice. Management’s thinking is “good riddance!” and we want to accept their resignation immediately. The employee has company property at their house, and we’re concerned they won’t return it. What are the final pay requirements we must follow? Can we withhold a portion of their final check until they return the company property?
Preventing Missteps in Hiring and Managing Seasonal Workers
Hiring seasonal workers can raise some important legal questions over how to properly handle overtime pay, work schedules, employee training, and other matters. These concerns particularly affect businesses in the hospitality and retail industries, which tend to hire seasonal workers in the fall to prepare for the winter holidays.
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.
County of LA Criminal History Update
Starting September 3, 2024, employers in unincorporated Los Angeles County, including those with remote positions, must adhere to a new fair chance hiring ordinance that goes beyond existing federal and state laws. This ordinance also applies to contractors and freelancers and adds complexity to criminal background check processes. Employers should review and update their hiring practices regarding criminal history inquiries to ensure compliance with this new regulation. The County’s Department of Consumer and Business Affairs will provide necessary notices and documents on its website, currently under construction.
Suggested action items for employers with employees in the County and other jurisdictions having ban-the-box laws are as follows:
Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings
Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act is set to take effect on Jan. 1, 2025.
Read more here.
New Law Steps Up AI Regulation in Employment
In an era when artificial intelligence (AI) is rapidly transforming the workplace, Illinois has joined the growing list of states taking legislative action to further regulate the use of AI in employment settings.
Read more here.
New Rules for Employing Minors
Illinois passed new child labor laws that will go into effect on January 1, 2025. The enhanced protections include a certificate authorizing a minor to work, restricting the number of hours a minor can work, changes to the occupations in which minors can work, requiring supervision at all times, and recordkeeping requirements, among others. Read more for additional information.
Retail Workplace Violence Prevention Bill Signed Into Law
On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act, a comprehensive measure intended to increase worker safety and address the hazard of workplace violence in retail settings.
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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Timekeeping Errors There are many different options to choose from when keeping track of employee time and attendance. However, some timekeeping methods are much better than others. While there are numerous electronic options, many businesses continue to keep track of employee time using manual methods like pen and paper. Though commonly used, this method can…
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Job Descriptions: Are they that important? Job descriptions are more than an overview of a particular position. A well-written job description offers a variety of benefits to both the employee and the employer. However, a poorly written job description can offer employers a lot of problems. Job Descriptions and Liability Protection Two recent cases do…
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