FEDERAL UPDATES

Federal Contractors – Reminder that AAP plans must be certified in the OFCCP portal by July 1, 2024.  OFCCP also just released some new resources on its website to help contractors understand their obligations under VEVRAA, including a new example showing the use of the VEVRAA national benchmark, and some additional information on how to use the hiring benchmark effectively to monitor veteran hiring and recruitment efforts.

DOL Exempt Salary Threshold Update – The final rule raising the EAP exempt salary thresholds is scheduled to take effect on July 1, 2024 ($43,888) and again on January 1, 2025 ($58,656), paid weekly.  Lawsuits have been filed, and at least one hearing is scheduled for June 24.  Employers should have a plan for their executive, administrative, and professional employees earning less than the required salaries, and be prepared to implement it by July 1.  There are similar increases for employees subject to the exemption for highly compensated employees.

STATE/LOCAL UPDATES

Illinois

Freelance Worker Protection Act – This new law applies to freelance workers and independent contractors.  It was delayed but is now going into effect on July 1, 2024.  Key highlights of the act include:

• Freelancers and independent contractors must be paid no more than 30 days after they complete their contracted services unless other deadlines are specified in the contract.
• Contracts must be in writing and must include:

• • The name and contact information of the contractor.
  • The name and contact information of the contracting entity.
  • An itemization of products and services the contractor will provide and their values.
  • The rate and method of compensation.
  • The payment date.
  • The date when the contractor will furnish a list of the products and services rendered if such a list is required before payment.

Model contracts will be available on the Illinois Department of Labor’s website.

Chicago Paid Leave.  The new Chicago Paid Leave ordinance goes into effect July 1.  It requires one hour of paid sick leave and 1 hour of paid leave for any reason for every 35 hours worked, capped at 40 hours per year for each type of leave.  The final rules are extensive, covering detailed guidelines regarding when requests for leave can be denied (rarely), accrual and carryover, payouts, recordkeeping, and notice.  Employers should be reviewing their policies to ensure compliance, posting the required notices, and including notices with employee paychecks within 30 days of the July 1 deadline (together with the minimum wage notice and fair workweek notice if applicable).  Current rules, posters, and notices can be found on the Chicago Office of Labor Standards website.

New York – Paid Lactation Breaks.  A reminder that paid lactation breaks go into effect June 19.  Employers must provide paid 30-minute breaks to allow an employee to express breast milk during the workday, and must also allow employees to use any other paid break or meal time for breast milk expression over 30 minutes. There is currently no cap on the number of paid lactation breaks employees are entitled to per day. In January, employers will also be required to provide pregnant employees with 20 hours of additional paid leave over any 52 weeks to attend prenatal appointments or receive care from their healthcare provider.

Oregon Paid Leave – Reminder that as of July 1:

• OFLA will no longer cover parental leave and serious health conditions;
• OFLA will no longer provide additional sick child leave for employees who take 12 weeks of parental leave;
• OFLA and PLO cannot be taken concurrently (but either may run concurrently with FMLA)
• OFLA will cover:
  • Home care for a sick child (maximum of 12 weeks of a combined sick child and bereavement leave);
  • School and childcare closures in the event of a public health emergency
  • Bereavement (2 weeks per family member, with a maximum of 4 weeks per year (instead of 12);
  • Pregnancy disability;
  • Military family leave (up to 14 days per deployment);
  • Through 12/31 only, up to 2 weeks to facilitate the legal processes required for placement of a foster child or adoption. (Paid Leave Oregon will incorporate this leave beginning in 2025).
• PLO will cover baby bonding, serious health conditions (employee or family member), and safe leave for sexual assault, domestic violence, bias crimes, or stalking.

Rhode Island – Effective January 1, Juneteenth (June 19) will be added to the list of holidays for which employers are required to pay overtime and cannot penalize an employee for refusing to work.

Vermont

Pay Transparency.  Effective July 1, 2025, employers (5+) must include a good faith estimate of the minimum and maximum compensation in job postings for positions physically located in Vermont or remote positions that will “predominantly” perform work for an office or work location physically located in Vermont.  Internal transfers and promotions are included.  Postings for tipped employees must disclose that it is a tipped position and disclose the base pay range.  Additional guidelines are expected in January.

Crown Act.  Effective July 1, 2024, the Vermont Fair Employment Practices Act (VFEPA) will be amended to prohibit discrimination based on traits associated with or perceived to be associated with race, including hair type, hair texture, hairstyles, and protective hairstyles.

Washington

Medical Certifications. The new rule for medical certifications is now in effect.  Healthcare providers in Washington must return requested medical certifications within seven calendar days of receiving a request.  This is intended to speed up the processing of PFML claims.

Employee Free Choice Act.  Effective June 6, 2024, employers are prohibited from retaliating or taking any adverse employment action against workers who refuse to listen to, attend, or participate in employer-sponsored political or religious speech, communications, or meetings.

Political matters are those relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor association or organization. Religious matters are those relating to religious affiliation and practice, and the decision to join or support any religious organization or association.

The law does not prevent employers from requiring attendance at harassment or discrimination prevention training, or any meeting or training necessary for an employee to perform lawfully required job duties.  Employers must post a notice of employee rights,  a place normally reserved for employment-related notices and in a place commonly frequented by employees. We expect the state to release a poster or add this to another Washington poster, but it has not yet been released.

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.