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.
September is Suicide Prevention Awareness Month—a time to raise awareness and support mental health in the workplace. As employers or HR Professionals, you have a meaningful role in fostering a culture of care and connection. Here are a few ways to engage: Explore resources: Visit workplacesuicideprevention.com for practical guidance, tips, and tools to support employee well-being. Share the EAP: Remind employees about the Employee Assistance Program (EAP), which offers confidential counseling and support services. Taking even small steps—like sharing resources or having a conversation—can make a real difference in the lives of your employees. Federal Updates DHS Issues New Registration Process for Foreign Nationals and Emphasizes Requirement to Carry Proof of Registration Earlier this year, the Department of Homeland Security (DHS) published an interim final rule (IFR) that provides a new online process for unregistered foreign nationals to comply with the decades-old but rarely enforced registration requirements of the Immigration and Nationality Act (INA). The IFR also requires foreign nationals over the age of 18 to carry proof of registration with them at all times. Failure to register or carry proof of registration is punishable by fines and possible imprisonment. Read more (FordHarrison.com) Flexible Leave Estimates and Mandatory Notice Requirements: FMLA Lessons From the Sixth Circuit What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision, Jackson v. United States Postal Service, from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions. Read more (Ogletree.com) State Updates California California’s New AI Regulations Take Effect Oct. 1: Here’s Your Compliance Checklist California’s Civil Rights Department finalized regulations to curb the discriminatory impacts of artificial intelligence and automated decision-making in the workplace. The regulations apply to all employers in California and take effect on Oct. 1, 2025. The regulations define an automated decision system (ADS) as any computational process that makes or assists in making employment decisions, such as hiring, promotions, selection for training programs, or similar activities. The regulations apply beyond “machine learning” artificial intelligence and cover systems that involve the use of “selection criteria.” Read more (JacksonLewis.com) California Supreme Court Rules Employers Can’t Claim Ignorance on State Wage Violations On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. Employers need to show they tried to understand and comply with the state minimum wage rules in order to avoid paying liquidated damages after a violation. What constitutes a reasonable attempt will vary depending on the type of employer and the context. Arguing that the employer was ignorant of the minimum wage law is not sufficient for a good-faith defense. Read more (Ogletree.com) Illinois Illinois Enacts New Neonatal Intensive Care Leave Act On August 15, 2025, Illinois Governor J.B. Pritzker signed into law the Neonatal Intensive Care Leave Act (NICLA). NICLA will require employers with 16 or more employees to provide certain amounts of unpaid leave (depending on the size of the employer) to all employees while any child of the employee is a patient in a neonatal intensive care unit. Read more (FordHarrison.com) Several Changes to Illinois Employee Blood and Organ Donation Leave Act Illinois HB 1616, signed into law on August 15, 2025, has made several important changes to the Employee Blood and Organ Donation Leave Act, but has also left a trail of confusion relating to whether the leave must be paid. Read more (FordHarrison.com) Massachusetts Massachusetts Pay Transparency Law Takes Effect in October: Here’s What Employers Need to Do Now Beginning Oct. 29, 2025, the Massachusetts law on pay transparency and pay data reporting, “An Act Relative to Salary Range Transparency,” will require covered employers to disclose wage ranges in job postings for a specific employment position and provide this information to applicants and current employees upon request. Read more (JacksonLewis.com) Michigan No Return, No Case: Michigan Federal Court Rejects ADA and Retaliation Claims After Extended Leave On August 19, 2025, the U.S. District Court for the Eastern District of Michigan held that an employee was not protected under the Americans with Disabilities Act since he had not been medically cleared to return to work and could not perform his essential job functions. The decision in Haack v. Lapeer County Road Commission highlights the stance of requests for indefinite leave in the Sixth Circuit Court of Appeals. Read more (Ogletree.com) New York New York Paid Prenatal Leave As of July 2, 2025, New York City’s new rules for paid prenatal personal care leave are in effect. It’s critical for all employers with employees working in New York City to ensure they are fully compliant to avoid costly penalties. The new requirements build on New York State’s law, which mandates New York employers to provide and allow employees to take 20 hours of paid, job-protected prenatal personal care leave every 52 weeks, separate from existing paid sick and safe leave, and without the need to accrue it before using it. New York City’s rules add several important obligations for employers with employees working in New York City, whether full-time, part-time, or temporary. See HERE for additional details and sample documents. Oregon Oregon’s Paid Sick Leave Law Expands in 2026 To Cover Blood Donation Oregon employers should prepare to update their paid sick leave policies to comply with recent amendments. Effective January 1, 2026, blood donation will be added to the list of reasons permitted for taking time off under Oregon’s paid sick leave law. Read more (JacksonLewis.com) Rhode Island Defining Retail: New Rhode Island Rules Clarify Sunday and Holiday Premium Pay Calculations The Rhode Island Department of Labor and Training (DLT) issued new rules that clarify what constitutes “retail businesses” regarding calculations of overtime pay requirements and premium pay for work on Sundays and holidays. The rules confirm the general understanding of the overtime and premium pay requirements but provide additional certainty for employers on which businesses are and are not considered retail. Read more (Ogletree.com) Washington Washington State Supreme Court Broadly Defines Job Applicants Covered by Pay Transparency Law In a closely watched decision on September 4, 2025, the Washington State Supreme Court ruled that job applicants can sue for violations of the state’s pay transparency law without needing to prove they applied for the job in good faith or were otherwise “bona fide” applicants. In Branson v. Washington Fine Wine & Spirits, plaintiffs brought a class action against a retailer that did not disclose pay information in job postings. Read more (Ogletree.com) |
