On Feb. 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up to 30 days in a calendar year.
Federal Court Strikes Down Amendments to Puerto Rico Employment Law Reform
Less than a year after its enactment, a federal district court has declared null and void Puerto Rico Act 41-2022, a law that rolled back parts of the 2017 employment law reform. Accordingly, the 2017 Puerto Rico employment law reform is back in full force.
Bloomington and St. Paul’s Sick and Safe Time Ordinances Get Updates
Responding to increased attention to worker protections promoting public health and safety, both Bloomington’s and St. Paul’s City Councils recently unanimously approved amendments to their Earned Sick and Safe Time (ESST) Ordinances.
DOL Issues Guidance on Handling Telework under FLSA, FMLA
The U.S. Department of Labor has issued guidance on the application of the Fair Labor Standards Act and Family and Medical Leave Act to employees who telework from home or from another location away from the employer’s facility.
Illinois Paid Leave for All Workers Act is Ready for Governor’s Signature
Governor J.B. Pritzker has indicated he intends to sign the Illinois Paid Leave for All Workers Act that passed both houses of the legislature on Jan. 10, 2023. The Act will entitle covered employees to earn and use up to 40 hours of paid leave in each 12-month period of their employment and go into effect on Jan. 1, 2024.
San Francisco Passes Ordinance Mandating Paid Military Leave
On Jan. 20, 2023, San Francisco approved the Military Leave Pay Protection Act, which mandates that certain employers must provide paid leave for employees taking leave for military duty. The ordinance takes effect 30 days after passage on Feb. 19, 2023.
(Mothering) Justice Denied: Legislative Amendments to Minimum Wage and Paid Sick Leave Upheld
The Michigan legislature was within its authority to amend two ballot initiatives in 2018 — one to significantly raise the minimum wage and the other to greatly expand the availability of paid sick leave to employees, the Michigan Court of Appeals has held.
Washington Paid Family Medical Leave Program’s Premium Rate Increased for 2023
On Jan. 1, 2023, the Washington Paid Family & Medical Leave Program’s “total premium” rate rose to 0.8% from 0.6%. This rate is recalculated annually in October, based on contributions from premiums and benefits paid during the previous year.
New York State COVID-19 Vaccine Requirement Declared Null and Void
On Friday, Jan. 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against COVID-19, declaring the regulation to be “null, void, and of no effect.” (Medical Professionals for Informed Consent, et. al. v. Bassett, et al.)
Important Information about Colorado’s Family and Medical Leave Insurance (FAMLI) Program
Starting Jan. 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical leave program.
New York Department of Health Revises the COVID-19 Return-to-Work Protocols
On Nov. 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2.
Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request
One of the many difficult issues employers face under the ADA is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v. Georgia.
New York Bars Discipline for Legally Protected Employee Absences
On Nov. 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state, or local law.
The Aftermath of U.S. Supreme Court’s Dobbs: Where Are the States in Fall 2022?
The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), which ended a nearly 50-year precedent protecting the right to abortion and opened the door for states to implement and enforce new laws on access to abortion.
Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis Patients
Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on Oct. 14, 2022, upon Governor Pedro Pierluisi’s signing.
Election Day is Coming – A Reminder of Employer Obligations
With midterm elections upon us, employers should ensure they are aware of and in compliance with state law requirements related to employee voting rights.
San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave Ordinance
In June, San Francisco voters approved Proposition G, which created the Public Health Emergency Leave Ordinance (PHELO). The ordinance requires private employers to provide paid leave to employees for “public health emergencies.”
California COVID-19 Supplemental Paid Sick Leave Extended Until Year End with Potential Grants
California has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through Dec. 31, 2022. On Sept. 29, 2022, California’s Governor signed Assembly Bill (AB) 152 which amends the existing SPSL law and provides for state grants to certain employers.
Bereavement Leave Now Protected in California
On Sept. 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave.
Now Is Always a Good Time to Evaluate Your FMLA Processes
Based on experience advising hundreds of employers and closely watching court rulings on cases around the country, below are a few tips for complying with the Family and Medical Leave Act (FMLA).