Category Archives: Industry Update

The US DOL Finalizes Independent Contractor Rule

On Wednesday, January 10, 2024, the US Department of Labor (DOL) published in the Federal Register its final rule, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.” The new Independent Contractor Rule takes effect on March 11, 2024, and revises how workers are classified under the Fair Labor Standards Act (FLSA) by replacing a […]

SECURE 2.0 and De Minimis Incentives: What Employers Need to Know

The SECURE 2.0 Act, signed into law in December 2022, brings a wave of changes to the world of retirement savings. One provision that employers should pay close attention to is the introduction of de minimis incentives to encourage employee participation in retirement plans such as a 401(k) or 403(b). A recent notice from the IRS answers […]

The US Department of Labor Issues Industry-Specific Guidance on the PUMP Act

The PUMP Act (the Act), signed into law in December 2022, expands protections for nursing mothers under the Fair Labor Standards Act (FLSA). It requires covered employers to provide reasonable break time to allow nursing mothers to express milk for one year after childbirth, as often as needed; and a private space in which to […]

Increased Penalties for Violating the FMLA, FLSA and OSHA

Penalties for violating the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Occupational Safety and Health Act (OSH Act) are increasing for 2024. In 2015, Congress passed a law requiring the DOL to adjust its civil monetary penalties for inflation each year in order “to improve the effectiveness of civil monetary penalties and to maintain […]

The US Department of Labor Raises Penalties for ERISA Violations

The Department of Labor (DOL) has increased civil penalties for violations of the Employee Retirement Income Security Act (ERISA). Employers need to be aware of how these penalties could affect their organizations; if they are found in violation of ERISA rules, they may now face higher fines that can impact their finances and reputation.  These […]

Proposed Rules for Federal Contractors Subject to FAR on Pay Equity

The Federal Acquisition Regulation (FAR) Council proposed rule, approved by the Office of Management and Budget (OMB) on January 11, 2024, may change how covered federal contractors/subcontractors attract and retain talent by implementing salary history prohibitions and requiring the disclosure of pay ranges.   The proposed rule is anticipated to be published in the Federal Register at some […]

Update on the District of Columbia’s Pay Transparency Law

As we previously reported, the District of Columbia (DC) had proposed a pay transparency law (B25-0194) which was signed by Mayor Muriel Bowser on January 12, 2024, making the legislation final and set to take effect on June 30, 2024. The law amends the existing Wage Transparency Act of 2014 and requires DC employers with at least one […]

Illinois Paid Leave Act Notice is Now Available

As we previously reported, in early 2023, Illinois passed the Illinois Paid Leave for All Workers Act (“PLAWA”), which took effect on January 1, 2024. Under the law, all Illinois employers (except for certain school and park districts and employers covered by preexisting municipal or county ordinances that require paid leave) will be required to provide up to 40 […]

Minnesota Adopts Federal OSHA Reporting and Recordkeeping Requirements

Minnesota operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers. State Plans are monitored by OSHA and may develop their own safety and health standards, as long as they are at least as effective as federal OSHA standards. Effective December 18, 2023, Minnesota OSHA has adopted two key […]

New Jersey Enacts Domestic Workers Employment Rights

Effective July 1, 2024, the New Jersey Domestic Workers Bill of Rights Act (NJ SB 723) establishes extensive rights and protections for domestic workers by:   The state is expected to develop a model written agreement, including notice of rights and recordkeeping templates.  Next Steps  Employers who employ domestic workers should review their current practices to determine […]