| Each month, Optimum HR 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 Updates What To Do If You Receive a Notice of Inspection Request from the Federal Government Related to Form I-9s See HERE for requirements if you receive a Notice of Inspection request to review your company’s I-9 documentation and learn how to best prepare. DOJ Expands Corporate Whistleblower Program to Include Immigration Law Violations The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement Plan”) titled, “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime.” The Enforcement Plan amended the Division’s Corporate Whistleblower Awards Pilot Program (CWAPP) to include “violations by corporations of federal immigration law.” Employer to Pay $400,000 for Drug Testing Accommodation Failures A federal jury awarded $405,083 to a veteran in a disability discrimination case against a St. Petersburg, Fla. senior living facility and its operating companies. According to the EEOC’s suit, a senior living facility violated federal law when they denied a reasonable accommodation and refused to hire a veteran who applied for a job. Read more (EEOC.gov) Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). Read more (JacksonLewis.com) Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers Fairness Act (PWFA), to the extent that the final rule includes elective abortion as a condition for which employers are required to make accommodations. Read more (Littler.com) Supreme Court Rules for Straight Woman in Reverse Discrimination Case The Supreme Court on Thursday sent the case of an Ohio woman who contends that she was the victim of reverse discrimination back to the lower courts. In a unanimous ruling by Justice Ketanji Brown Jackson, the justices agreed that a federal appeals court in Cincinnati was wrong to impose a higher bar for the case brought by Marlean Ames to move forward than if Ames had been a member of a minority group. Read more (SCOTUSblog.com) State Updates July 1st Minimum Wage Increases Several states and localities are scheduled to increase their minimum wages effective July 1st. See HERE for a complete list of upcoming changes. California Reminder Retail Employers: Los Angeles County Fair Workweek Ordinance Takes Effect in July Retail employers should note that the Los Angeles County Fair Workweek Ordinance will go into effect on July 1, 2025. This ordinance applies to employers in unincorporated areas of Los Angeles County. Read more (JacksonLewis.com) Maryland Maryland Clarifies Parental Leave Law: FMLA-Covered Employers Now Exempt Starting October 1, 2025, Maryland employers who are covered by the federal Family and Medical Leave Act (FMLA) are no longer required to comply with the state’s unpaid parental leave law. Read more (JacksonLewis.com) Missouri Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024. Read more (JacksonLewis.com) New York New York State Releases Guidance on Retail Worker Safety Act The New York Retail Worker Safety Act is in effect as of June 2, 2025. Covered employers in New York State will now have to comply with the act’s workplace violence prevention policy, training program, and notice requirements. Just in time for the compliance date, the New York State Department of Labor (NYSDOL) released guidance on some key issues under the law as well a model policy and training program. The NYSDOL also provided an online complaint form where employees can report alleged violations of the act. Read more (Ogletree.com) Oregon Oregon Restricts Age-Related Hiring Questions Oregon is one of only a handful of states that prohibits employment discrimination against individuals as young as 18. On May 22, 2025, Oregon Governor signed into law Oregon HB 3187, significantly expanding Oregon’s age discrimination protections in hiring and apprenticeships. Read more (Littler.com) |
