FEDERAL UPDATES
Federal Contractors (Construction): OFCCP just announced that it is reinstating the CC-257 Monthly Employment Utilization Report for businesses with a federal construction contract, subcontract, and/or federally assisted construction contract or subcontract over $10,000. The report hasn’t been required since 1995, but OFCCP says it will once again require information on work hours and employee counts by race/ethnicity, gender, and trade. Reports are due on the 15th of each month, beginning April 15, 2025 (covering March 2025), with a “preferred” submission in Excel via email to ofccp-construction@dol.gov rather than through a portal. It is unknown whether the Trump administration will modify or eliminate the requirement before the first submission date.
Exempt Salary Threshold: The DOL appealed the decision to invalidate the DOL’s salary threshold increases for exempt employees. It does not affect the decision yet, so the exempt salary threshold remains at $684/week for the time being. Given that the appeal is in the 5th Circuit and a new administration will govern the DOL beginning in January, it is unlikely (but still possible) that the increases will be reinstated.
FMLA (Clinical Trials): The DOL just issued an opinion letter confirming that FMLA covers time off for employees to participate in clinical trials, even if voluntary, experimental, or potentially use placebos for some participants. Employers can require medical documentation, but cannot require employees to disclose specific details about medications or treatment plans.
STATE/LOCAL UPDATES
California: Minimum Wage. Voters in California rejected a ballot measure that would have increased the state’s minimum wage immediately to $17/hour, and to $18/hour on January 1, 2025 (delayed to 2026 for employers with 25 or fewer employees). It was rejected by a narrow margin of 50.82 percent to 49.18 percent, and many attribute the outcome to fears that increased wages would contribute to increases in consumer costs. Note that other state and local minimum increases will still go into effect as scheduled – $16.50 for the state on January 1, and even higher in many local areas.
Delaware: The Healthy Delaware Families Act created a paid family and medical leave insurance program, which is just about ready to go into effect. It applies to employers with 10+ employees working in Delaware during the previous 12 months. Employers with 10 to 24 employees must provide parental leave only; larger employers must provide parental, family caregiving, and medical leave. Employers should have provided written notice to employees by December 1, 2024, and must start collecting contributions by January 1, 2025. Benefits will be available beginning January 1, 2026.
Nevada: Heat Safety. That state adopted a new regulation to protect workers from heat-related illnesses by requiring employers with 10+ employees to conduct a job hazard analysis, train employees who are exposed to excessive heat to recognize and respond to symptoms, designate and train an employee(s) to respond to emergencies, and implement a comprehensive safety program that includes providing water, rest breaks, cool down areas, and other mitigation measures. The Division of Industrial Relations is expected to provide additional guidance within the next 30 days.
New Jersey: Pay transparency (eff. 6/1/25). New Jersey will join several other states requiring employers to post a pay range and benefits information in job postings, and will also require employers to make “reasonable efforts” to “announce, post, or otherwise make known” opportunities for promotion before making a promotional decision. Promotions based on years of experience or performance, or due to an “emergent” event, are excluded from this requirement. The law applies to employers with 10+ employees (nationwide) in 20 or more calendar weeks. The law also purports to apply to positions outside of New Jersey if the application is collected in New Jersey. There is no private right of action, and fines are $300 for a first violation and $600 for subsequent violations.
New York: Paid Prenatal Leave (eff 1/1/25). All NYS employers will be required to provide pregnant employees with an additional 20 hours of paid leave for pregnancy-related care during any rolling-forward 52-week period. There is no exception for small employers and no distinction between full and part-time employees. Leave may be taken for “health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy medical care.” The NYDOL’s guidance states that this also includes fertility treatment/care appointments and end-of-pregnancy care appointments, but not post-natal or postpartum appointments. Leave may be taken in hourly increments, and must be paid at the employee’s regular rate of pay. Employers are not required to pay an employee for unused prenatal personal leave at the time of separation from employment. The NY DOL has confirmed that this type of leave is only for the employee receiving care, and is not available to spouses, partners, or other support persons.
Pennsylvania (Pittsburgh) – Drug Testing. The City of Pittsburgh passed an ordinance regulating drug testing for certified medical marijuana users. It prohibits discrimination and pre-employment marijuana testing, as well as testing for marijuana during employment absent reasonable suspicion of use or impairment at work. There are some exceptions for safety-sensitive industries and positions such as DOT drivers, public utilities, or workers carrying firearms.
Washington (Everett): Like other cities in Washington, voters in Everett approved an increase in the minimum wage to address affordability. Effective July 1, 2025, large employers (over 500 employees nationwide) will be required to pay $20.24/hour, with additional increases tied to inflation beginning January 1, 2026. Smaller employers will be required to pay $18.24/hour beginning July 1, 2025, $19.24 beginning July 1, 2026, and the same rate as large employers beginning July 1, 2027. Employers with fewer than 15 employees and annual gross revenues of less than $2 million are exempt. Like state law, tip credits do not count toward the minimum wage.
In addition, Everett employers will be required to offer additional hours of work to qualified part-time employees before hiring new employees to fill those hours.
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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.