FEDERAL UPDATES
OSHA – PPE for Construction Workers. Beginning in January, OSHA will require that construction employers ensure that appropriate PPE is provided (hard hats, safety harnesses, vests, gloves, protective footwear, respiratory protection, etc.) and that it fits each worker properly based on their body size and shape. Employers should proactively assess each worker’s fit, make gender-specific PPE available in multiple sizes if necessary, swap out PPE for workers who may change body size or type over time, provide training regarding proper fit and adjustment, and document compliance efforts.
AI Discrimination – Predictions are that AI guardrails will become increasingly important in 2025. While the federal government isn’t expected to do much with regulations, states are passing AI legislation that includes mandatory notices, human review, and impact assessments. Colorado and Illinois are at the forefront and have already passed detailed and restrictive laws, and California and New York are expected to follow suit.
In addition, lawsuits are starting to be filed, with the ACLU filing claims with the EEOC and FTC regarding discrimination in AI personality assessment tests, video interview tools, and cognitive ability assessments, and a California class action lawsuit against Workday alleging race, age, and disability discrimination resulting from AI-based applicant screening tools. Employers should be aware of any laws or regulations in their state, carefully screen vendors for compliance, ensure human oversight, and monitor their technology to identify any risks regularly.
I-9 EAD Extensions – The Department of Homeland Security has permanently implemented the 540-day automatic extension for EAD renewals beginning January 13, 2025 (prior extensions cover renewals pending since May 4, 2022). To qualify, the applicant must submit their Form I-765 application before their current EAD expires, renew in the same category, and have an EAD in one of the following categories:
- Adjustment of Status applicants (C09)
- E-1, E-2, and E-3 spouses with unexpired I-94s (A17)
- L-2 spouses (A18)
- H-4 spouses (C26)
- Temporary Protected Status (TPS) holders (A12 or C19)
- Refugees and asylees (A3 and A5)
- Non-citizens with Pending Asylum Applications (C08)
- VAWA self-petitioners and their qualified children (A31)
If these conditions are met, an expired EAD is considered “unexpired” if a Form I-797C receipt notice is provided to the employer. The extension period begins the day after the expiration of the current EAD and automatically terminates if the renewal application is denied. The intent is that this will provide greater stability for both employers and employees.
STATE/LOCAL UPDATES
California – Whistleblower Protection Poster. California law now requires employers to post a model list of employees’ rights and responsibilities under the state whistleblower laws in at least 14-point typeface and include the state’s hotline phone number. The California Labor Commissioner just posted a model poster on its website (Permits, License, Certifications, and Registrations).
Missouri – Minimum Wage/Sick Leave. The Missouri Chamber of Commerce and Industry filed a lawsuit to stop the new voter-approved law that would raise the state minimum wage and provide paid sick leave to employees in Missouri. It is still in the preliminary stages, so employers should be prepared to implement the changes scheduled for May 1, 2025, but may also want to anticipate potential changes.
New Jersey – Cannabis Pre-employment Drug Testing. The 3rd Circuit Court of Appeals (covering New Jersey) just held that although CREAMMA prohibits employers from refusing to hire a job applicant if they test positive for cannabis, employees cannot separately sue employers for rescinding a job offer on this basis because the statute does not contain a private right of action. Employers should still be cautious about state agency enforcement, as well as disability-related use of medical marijuana.
New York City – Pay Data Reporting (proposed). The city is expected to pass a bill that would require employers with 25+ employees working full or part-time in NYC to file annual pay data reports with DCWP. The current proposed effective date for filing is February 1, 2025, so employers would have little time to gather their 2024 information and submit the report. Required disclosures for each employee include:
- salary and wages earned for the previous calendar year;
- the month and year the employee was hired;
- job title;
- gender; race and ethnicity;
- birth year;
- the borough in which the employee works;
- whether the employee is a member of a labor union;
- whether the employee works more than 35 hours per week, less than 35 hours per week, or on a seasonal or temporary basis; and
- whether the employee is a manager.
In addition, employers would also have to submit a digital affirmation to DCWP every three years, certifying that they understand and comply with all federal, state, and local equal pay laws. The bill is currently in committee so may still be modified or rejected, but predictions are that some form of pay data disclosure will be finalized and will also be implemented in other cities and states in the coming year. Employers should be prepared to submit data, and review pay equity for all employees regularly.
If you’d like to speak to an Asure HR expert about your business, connect with us.
Asure Software provides this information for general information purposes only. We are not attorneys, and the information in this update should not be relied upon or regarded as legal advice. This information may not be accurate or complete as it relates to a particular company or situation and does not reflect all developments or laws in all jurisdictions.