On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024.
On June 2, 2023, Governor Jared Polis signed into law Senate Bill (SB) 23-017, which expands the qualifying reasons an employee may take leave under the Colorado Healthy Families and Workplaces Act (HFWA).
Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee qualifies for leave. Here are some key points regarding the FMLA that employers may want to consider.
On May 24, 2023, Governor Tim Walz signed into law legislation that further expands protections for nursing and pregnant employees in Minnesota. The amendment, included in Senate File 3035, builds on the changes that became effective in January 2022 to Minnesota’s nursing mothers and pregnancy accommodations law (Minn. Stat. § 181.939).
The Americans with Disabilities Act protects most job applicants and employees from discrimination, harassment, or retaliation based on disability. While employers are likely familiar with many of the physical and mental conditions that are commonly considered disabilities, one gaining more and more attention is obesity.
On May 11, 2023, the COVID-19 public health emergency ended, creating uncertainty as to employers’ continued obligation to accommodate employees due to pandemic-related reasons. The U.S. Equal Employment Opportunity Commission (EEOC) has sought to address these questions through an update that it issued on May 15, 2023, to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
The end of the public health emergency (PHE) began the sunsetting of the Colorado Healthy Families and Workplaces Act’s requirement for employers in Colorado to provide PHE leave stemming from the COVID-19 pandemic. This means that Colorado employees may use PHE leave through June 8, 2023.
On 10 May 2023, the United Kingdom’s Department for Business and Trade published its policy paper, “Smarter Regulation to Grow the Economy.” The proposals contained therein are intended to “improve regulation across the board to reduce burdens, push down the cost of living, and drive economic growth.”
In most parts of the country, courts have not considered obesity as a disability unless it is caused by an underlying health condition. In Texas, however, courts have reached a different conclusion, holding that obesity in itself may be a disability in some cases.
During recent oral arguments, justices for the Supreme Court of the United States seemed conflicted on whether to upend the existing standard that allows an employer to refuse religious accommodations to its employees if the employer can show that granting the accommodation would involve more than a “de minimis” cost to the employer.
Remedies for enforcement of the new federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which requires most employers to provide both reasonable break time for employees to express milk for a nursing infant and private spaces to express milk, took effect on April 28, 2023.
A bill pending in the California Senate, Senate Bill (SB) No. 616, proposes to expand the number of paid sick days that California employers must offer to employees.
Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, and legislation modifying Maryland’s Family and Medical Leave Program currently awaits his signature.
Canadian employers in federally regulated industries (which include industries such as telecommunications, air/rail travel, and banking, among others) may want to note a number of recent and upcoming changes that will impact their workplaces.
The launch of ChatGPT on November 30, 2022, ushered in an explosion of interest by businesses seeking to incorporate large language model artificial intelligence applications into the workplace. To capitalize on efficiencies that this technology presents, many employers have implemented or are considering the use of chatbots to serve human resource functions.
Employers are increasingly offering periods of leave as a benefit for employees to combat burnout and retain high-quality workers. Employees are also asking for leave more frequently.
On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off is not part of an employee’s salary. Therefore, the employer did not compromise employees’ exempt status under the Fair Labor Standards Act when it reduced their accumulated PTO for failing to meet performance objectives.
Oregon employers with collective bargaining agreements have until March 31, 2023, to begin deducting employee contributions to Paid Leave Oregon, the Paid Leave Oregon Advisory Committee clarified on March 1, 2023.
The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions. The requirement will apply to employers with 15 or more employees, unless the accommodation would cause the employer an undue hardship.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently released informal guidance to address some issues arising under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) that commonly challenge employers. Field Assistance Bulletin (FAB) No. 2023-1 addresses points such as how to count the number of eligible employees for FMLA and FLSA purposes when taking into account teleworkers, and the interaction of the FMLA with the Americans with Disabilities Act Amendments Act (ADAAA).
On February 22, 2023, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had an express policy that PTO would not be paid out after a disciplinary discharge.
February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off. Nevertheless, many private companies provide at least some federal holidays off for their employees. Are those private-sector employers that choose to provide their employees with holidays off required to pay employees for that time?
Minnesota’s 2023 legislative session is off to a hot start and turning out to be an important one for Minnesota employers and companies doing business in Minnesota. Currently, there are four noteworthy bills that employers should keep an eye on as they progress through the Minnesota Legislature.
On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. The comprehensive document addresses (1) when an employer may ask an applicant or employee questions about a hearing condition and how it should treat voluntary disclosures, (2) what types of reasonable accommodations applicants or employees with hearing disabilities may need, (3) how an employer should handle safety concerns about applicants and employees with hearing disabilities, and (4) how an employer can ensure that no employee is harassed because of a hearing disability or any other disability.
On January 26, 2023, in the long-awaited opinion in Mothering Justice v. Attorney General, a three-judge panel of the Michigan Court of Appeals ruled, in a 3–0 opinion, that the Michigan Paid Medical Leave Act (PMLA) and Michigan Improved Workforce Opportunity Wage Act, as implemented in March 2019, will remain in place.
On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military Leave Pay Protection Act” adds Article 33Q to the city Police Code, and will make San Francisco the first major city in the United States to require that private employers provide differential paid leave to employees who are members of the military while they perform military service, the sponsor of the ordinance said when introducing it last year.
On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers (PLFAW) Act, making Illinois just the third state in the country (after Maine and Nevada) to require private employers to provide earned paid leave to employees to be used for any reason. Governor Pritzker has announced he will sign the legislation.
On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the provisions of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act).
On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary paid family and medical leave program that will provide workers in the state with such leave insurance by 2025. With the move, Vermont joins its neighbor New Hampshire as the second state with such an innovative voluntary program two years after the two states had previously announced a similar joint program.
On December 14, 2022, Mexico’s Senate of the Republic approved the final project to modify Articles 76 and 78 of the Federal Labor Law (FLL), under which employees will be entitled to more mandatory and paid vacation days.
