Stay on Top of Legislative Changes

DMEC Legislative UpdatesCompliance with rapidly changing state and federal laws is a challenge for employers across the country. For more than 20 years, DMEC has been monitoring and reporting on decisions and developments that impact absence, disability, and return to work programs.

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Archives

Duluth, Minnesota Repeals Its Paid Leave Ordinance; Other City Ordinances Remain

April 12, 2024Leave laws, regulations, and ordinances continue to change in Minnesota. The city of Duluth, Minnesota, repealed its Earned Sick and Safe Time (ESST) ordinance effective Jan. 17, 2024.

What Employers Should Know About the Latest CDC COVID-19 Guidance

March 8, 2024It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask.

Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

February 29, 2024Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from enforcing the PWFA against the State of Texas and its agencies.

St. Paul Issues New Guidance For Employers Complying with the City’s Earned Sick and Safe Time Ordinance

February 21, 2024Continuing the wave of new rules and regulations related to paid leave in Minnesota, on Jan. 8, 2024, the St. Paul Department of Human Rights and Equal Economic Opportunity (HREEO) issued guidance on its interpretation of St. Paul’s Earned Sick and Safe Time (ESST) Ordinance. St. Paul revised its ESST Ordinance in October 2023 to align with Minnesota’s ESST law, which went into effect Jan. 1, 2024

D.C. Employers Must Comply With Paid Family Leave Notice Requirement

January 29, 2024The D.C. Department of Employment Services (DOES) has issued a new Paid Family Leave notice/poster. This notice must be posted in a “conspicuous place”, such as where the employer posts employment-related information, and must be provided to employees, on or before Feb. 1, 2024.

Guidance Interpreting Minnesota’s New Earned Sick and Safe Time Law

January 29, 2024Minnesota’s statewide paid sick and safe leave mandate, the Earned Sick and Safe Time (ESST) law, went into effect Jan. 1, 2024. The Department of Labor and Industry (DLI) has posted answers to Frequently Asked Questions (FAQ Guide) that it revised on Dec. 4, 2023.

Philadelphia’s COVID-19 Sick Leave Law Expires

January 22, 2024Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on Dec. 31, 2023. As a result, as of Jan. 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent for certain COVID-19 reasons.

Massachusetts Updates Paid Family and Medical Leave Poster, Notice, Contribution and Benefit Amounts

January 18, 2024The Massachusetts Department of Family and Medical Leave has released an updated version of its workplace poster for 2024 reflecting the Paid Family and Medical Leave Act (PFMLA) contribution and benefit increases that went into effect on Jan. 1, 2024.

City of Pittsburgh to Strictly Enforce Paid Sick Days Ordinance, Investigate Food Service Industry

January 12, 2024The City of Pittsburgh’s Office of Equal Protection (OEP) has announced that it will begin strict enforcement and compliance checks for local businesses to ensure they are complying with their obligations under the Pittsburgh Paid Sick Days Act (Ordinance). The “compliance campaign” will focus on the food services industry.

Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2024

January 12, 2024The California Employment Development Department (EDD) has released the 2024 Voluntary Plan Employee Contribution and Benefit Rate.

Cook County, Illinois, Replaces Earned Sick Leave Ordinance With Paid Leave Ordinance

January 4, 2024For Illinois employers, the new year brings a variety of new paid leave laws, the most recent being the Cook County Paid Leave Ordinance passed by the Cook County Board of Commissioners on Dec. 14, 2023.

When Will the Ball Drop? Still Waiting on the PWFA Final Regulations

January 4, 2024We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of the final regulations for review on December 27. Assuming that the EEOC’s final regulations clear this review, we expect the regulations to be published in the Federal Register soon.

Q1 2024 Legal Updates

January 3, 2024On Jan. 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees.

The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

December 22, 2023On Jan. 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees.

California Labor Commissioner Publishes Updated FAQ for California Paid Sick Leave

December 22, 2023In October, California passed Senate Bill (SB) 616, which increases the amount of paid sick leave employers are required to provide to California employees.

Effective Date of Chicago Paid Leave and Paid Sick and Safe Leave Ordinance Delayed to July 1, 2024

December 21, 2023The Chicago City Council has passed an amendment to the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance to delay its effective date to July 1, 2024, in addition to other changes.

Saint Paul Changes Earned Sick and Safe Time Ordinance as Second City to Align With Minnesota’s Leave Law

December 21, 2023Employers in Minnesota are not the only ones gearing up for Minnesota’s earned sick and safe time (ESST) law to take effect on Jan. 1, 2024. Cities in Minnesota are also making changes to their respective earned sick and safe time ordinances.

2024 Will Bring Anaheim’s Hotel Worker Protection Ordinance

December 14, 2023The Anaheim Hotel Worker Protection Ordinance takes effect Jan. 1, 2024, though it had a rocky path to passage.

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

December 12, 2023The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA).

The New Year Brings New Leave Laws

November 28, 2023Get ready to ring in the new year with new and expanded employer leave obligations. Chicago’s new Paid Leave and Paid Sick and Safe Leave Ordinance will take effect on Dec. 31, 2023 and the following laws go into effect on Jan. 1, 2024.

Illinois Department of Labor Publishes Proposed Rules Implementing the Illinois Paid Leave for All Workers Act

November 27, 2023On Nov. 3, 2023, the Illinois Department of Labor (“IDOL”) published proposed rules implementing the Illinois Paid Leave for All Workers Act (“PLAWA”). While the proposed rules will not be finalized until after the PLAWA takes effect on Jan. 1, 2024, they provide additional guidance employers should consider when reviewing their leave policies for compliance with the Act.

Bloomington Amends Sick and Safe Time Ordinance to Align With Minnesota’s Sick and Safe Time Law

November 6, 2023The City Council for the City of Bloomington, Minnesota, has adopted amendments to its Sick and Safe Time Ordinance (previously called the Sick and Safe Leave Time Ordinance). The amendments, Ordinance No. 2023-24 § 23.05, will go in effect on Jan. 1, 2024.

Updates to the Washington Paid Family and Medical Leave Program

November 3, 2023The Washington Employment Security Department has announced the Paid Family and Medical Leave 2024 premium rates and weekly benefit maximums. Beginning on Jan. 1, 2024, the Washington Paid Family and Medical Leave Program’s total premium rate will decrease from 0.8% to 0.74%. This rate is recalculated annually in October, based on contributions from premiums and benefits paid during the previous year.

Amended Massachusetts Paid Family and Medical Leave Allows ‘Topping Off’ Benefits With Accrued Sick, Vacation Pay

November 2, 2023In the enacted state budget, the Massachusetts legislature has amended the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits employees receive from the state. The new law is effective Nov. 1, 2023.

New York City’s Final Rules on Safe and Sick Time Become Effective

October 25, 2023On Sept. 15, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued a final rule (Final Rule) on the city’s Earned Safe and Sick Time Act (ESSTA).

California Adds Leave for Reproductive Loss

October 15, 2023Senate Bill (SB) 848, scheduled to go into effect on Jan. 1, 2024, requires employers with five (5) or more employees to provide employees who have worked for at least 30 days with up to five (5) days of reproductive loss leave.

California’s Paid Sick Leave Requirements Increased Effective 2024

October 6, 2023On Oct. 4, 2023, California’s Governor signed Senate Bill (SB) 616, which increases the amount of paid sick leave employers are required to provide to California employees.

Massachusetts Updates Paid Family and Medical Leave Rates and Benefits for 2024

October 6, 2023The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates and benefit amounts under the Paid Family and Medical Leave Act (PFMLA) effective Jan. 1, 2024.

New Hampshire Adopts Workplace Accommodations for Nursing Mothers

September 22, 2023New legislation in New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025.

Paid Leave Oregon Benefits Available Starting Sept. 3, 2023

August 31, 2023More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting Sept. 3, 2023.

EEOC’s Proposed Pregnant Workers Fairness Act Regulations

August 11, 2023On Aug. 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA).

EEOC Issues Proposed Regulations to Implement the Pregnant Workers Fairness Act

August 10, 2023The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations (NPRM) to implement the Pregnant Workers Fairness Act (PWFA).

Louisiana Law Requires Employers to Give Time Off for Genetic Testing and Cancer Screening

July 24, 2023A new Louisiana law goes into effect on Aug. 1, 2023 requiring employers to provide time off from work for genetic testing and cancer screening.

Maine Enacts New Paid Family and Medical Leave Act

July 21, 2023Beginning May 1, 2026, Maine’s new paid family leave law will allow Maine employees up to 12 weeks of family and medical leave benefits over a one-year period.

Changes to Paid Sick Leave and Supplemental Public Health Emergency Leave for Colorado Employees

July 21, 2023Starting on Aug. 7, 2023, Colorado employees will be able to use paid sick leave for additional reasons under the Healthy Families and Workplaces Act (HFWA). Governor Jared Polis signed Senate Bill 23-017 into law on June 2, 2023, and it is expected to become effective on Aug. 7, 2023.

Connecticut Expands Permitted Uses of Paid Sick Leave for Service Workers

July 15, 2023Connecticut Governor Ned Lamont has signed a new law that will expand the circumstances in which service workers in Connecticut can use state-mandated paid sick leave. The new law goes into effect Oct. 1, 2023.

Florida’s Latest Legislation in Wake of COVID-19: What Employers Need to Know

June 29, 2023New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023.

Leave Law Updates for Oregon Employers

June 21, 2023In anticipation of Paid Leave Oregon, a new paid family leave benefit for Oregon employees, the Oregon legislature recently passed a bill that creates new entitlements for Oregon employees and aligns existing law with the forthcoming paid leave benefit.

Washington State Provides Employers Access to Paid Family and Medical Leave Claim Data

June 15, 2023Signed into law by Governor Inslee on May 9, 2023 and effective Jan. 1, 2024, new legislation allows certain interested parties to have access to information from the Washington Security Department, the state agency who administers the paid family and medical leave program, regarding an employee’s leave.

CMS COVID-19 Vaccination, Testing Requirements to Formally End This Summer

June 8, 2023The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating COVID-19 vaccination requirements for healthcare providers. On May 31, 2023, CMS issued the awaited Final Rule.

Minnesota Legislature Passes Significant Employee Leave Laws

June 1, 2023Minnesota is now the 12th state to adopt a statewide program providing compensation to employees during family and medical leaves. It also joined the over 40 state and local jurisdictions mandating employer paid sick leave.

Voting and Sick Leave for Georgia Employees

May 24, 2023A new Georgia law takes effect on July 1, 2023 (GA S 129) and provides employees time off to advance vote in primaries and elections. The Georgia legislature, with sign off from Governor Brian Kemp, also recently voted to repeal the sunset provision relating to use of sick leave for care of immediate family members.

DOL Pumps It Up With New Guidance on PUMP Act Enforcement

May 23, 2023The U.S. Department of Labor Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2023-02 providing guidance to agency officials responsible for enforcement of the “pump at work” provisions of the Fair Labor Standards Act (FLSA) including those recently enacted under the 2022 PUMP Act.

Puerto Rico Five-Day Paid Leave for COVID-19 Ends

May 18, 2023The governor of Puerto Rico has issued Executive Order No. OE-2023-012, ending the state of emergency declared in 2020 due to the pandemic caused by the Coronavirus (COVID-19) and repealing multiple Executive Orders issued to adopt preventive measures because of COVID-19.

New Executive Order Relieves Federal Contractors From Safer Federal Workforce Requirements

May 18, 2023As anticipated, President Joe Biden has rescinded the COVID-19 safety requirements for federal contractors in connection with the declared end of the COVID-19 public health emergency and the World Health Organization determination that COVID-19 is no longer a Public Health Emergency of International Concern.

EEOC Revises its COVID-19 Guidance, Again

May 17, 2023In response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”.

Maryland Modifies, Delays Implementation of Its Paid Leave Program

May 17, 2023Maryland Governor Wes Moore has signed an amendment (Senate Bill 828) modifying the 2022 law that established the state’s paid leave system, the Family and Medical Leave Insurance (FAMLI) Program.

Ending of Federally Mandated COVID-19 Vaccination Requirements and Public Health Emergency

May 5, 2023The Biden-Harris Administration has announced that, at the end of the day on May 11, 2023, it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The COVID-19 public health emergency also will end on the same day.

Idaho Enacts New Coronavirus Vaccination Law

April 28, 2023Under new legislation coined the “Coronavirus Stop Act,” employers doing business in the state of Idaho may no longer require a coronavirus vaccination as a term of employment unless required by federal law or where the terms of employment include travel to foreign jurisdictions requiring vaccination.

Gig Workers Get New Protections in Washington

April 26, 2023New laws in Seattle and Washington State allow certain gig workers greater access to traditional employee benefits.

Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

April 20, 2023Virginia Governor Glenn Youngkin signed a law on April 12, 2023, mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require employers to provide medical donor leave.

San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act

March 10, 2023On 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

March 10, 2023Less 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

March 1, 2023Responding 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

February 21, 2023The 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

February 15, 2023Governor 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

February 7, 2023On 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

February 3, 2023The 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

January 23, 2023On 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

January 20, 2023On 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

January 6, 2023Starting 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

December 28, 2022On 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

December 15, 2022One 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

December 7, 2022On 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?

November 2, 2022The 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

October 24, 2022Puerto 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

October 21, 2022With 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

October 14, 2022In 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

October 12, 2022California 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

October 4, 2022On 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

September 27, 2022Based 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).

Fourth Circuit Rules: Gender Dysphoria Is Not Excluded from Coverage under the ADA

August 19, 2022Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held.

CDC’S COVID-19 Guidance Changes…Again

August 15, 2022Since March 2020, COVID-19 rules have been confusing at best. On Aug. 11, 2022, in an effort to streamline the guidance and reflect the current state of the pandemic, the CDC once again issued updated guidance.

What Employers Need to Know About Monkeypox

August 10, 2022Monkeypox is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take.

Change to Massachusetts Paid Family and Medical Leave Act Vetoed

August 9, 2022A provision in the enacted state budget for fiscal year 2023 would have amended the Massachusetts Paid Family and Medical Leave Act to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.

Order for Changes to Michigan Minimum Wage and Paid Sick Leave Law Stayed

August 9, 2022On July 19, 2022, the Michigan Court of Claims held that in 2018, the state legislature violated the Michigan Constitution when it enacted, and within the same legislative session amended, two ballot initiatives — one to raise the minimum wage and the other to require employers to provide paid sick leave.

Massachusetts PFMLA Allows Adding Accrued Sick and Vacation Pay to Benefits

July 29, 2022A provision in the enacted state budget for fiscal year 2023 amends the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.

Michigan Court Voids State’s Minimum Wage and Paid Medical Leave Acts

July 28, 2022Citing legislative “sleight of hand,” the Michigan Court of Claims has held that the Michigan legislature violated the state’s Constitution when, in 2018, it adopted and then immediately amended ballot initiatives to increase the state’s minimum wage and to require employer-paid sick leave.

EEOC Updates Its COVID-19 Guidance to Reflect Current State of COVID-19 in the U.S.

July 22, 2022As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to reflect the pandemic’s changing state

San Francisco Voters Approved New Public Health Emergency Leave

July 18, 2022In June, San Francisco voters passed Proposition G, a new Public Health Emergency Leave Ordinance. The ordinance requires private employers to provide paid leave to employees for “public health emergencies.”

Paid Family Leave Grant for Small Employers

July 13, 2022California’s Paid Family Leave (PFL) program, which is administered by the Employment Development Department (EDD) provides eligible employees with up to 8 weeks of wage replacement benefits when an employee is off work for certain qualifying reasons.

Second Circuit Issues Decision on Title III Braille Gift Card Appeal

July 13, 2022The Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various retail defendants must provide braille gift cards under the Americans with Disabilities Act (ADA).

Sick Leave for All New Mexico Employees Begins July 1

June 29, 2022The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked.

Bloomington Becomes the Fourth City in Minnesota to Require Paid Sick and Safe Leave

June 29, 2022The City of Bloomington, Minnesota is the latest city in Minnesota to join the cities of Minneapolis, St. Paul and Duluth in enacting an Earned Sick and Safe Leave ordinance (ORDINANCE NO. 2022-31).

Amendments to Puerto Rico 2017 Employment Reform Law

June 24, 2022Puerto Rico Governor Pedro Pierluisi has signed into law changes reversing portions of the 2017 employment reform law. House Bill 1244 (HB 1244) rolls back and changes the statutory probationary period, vacation and sick leave accrual, and eligibility for the annual Christmas Bonus, among other requirements.

Illinois Expands Unpaid Child Bereavement Leave to Cover Additional Family Members, Losses

June 16, 2022Illinois has enacted amendments to the Child Bereavement Leave Act, expanding the law’s scope and renaming it the Family Bereavement Leave Act (FBLA).

Delaware Paid Family and Medical Leave Law Signed

May 12, 2022On May 10, 2022, Delaware Governor John Carney signed the Healthy Delaware Families Act, which provides up to 12 weeks of leave and benefits to covered employees for certain parental, family caregiving, and medical reasons.

New Paid Family Leave Laws Sprout in Maryland, District of Columbia, and Virginia Region

April 26, 2022Both Maryland and Virginia have joined the District of Columbia in enacting laws relating to paid family and medical leave for private-sector workers.

Washington Amends Its Paid Family and Medical Leave Act

April 13, 2022The Washington State Legislature has again amended the state’s Paid Family and Medical Leave (PFML) Act.

Philadelphia Enacts COVID-19 Supplemental Paid Sick Leave

March 25, 2022On Mar. 10, 2022, Philadelphia Mayor Jim Kenney signed a new ordinance expanding COVID-19 Supplemental Paid Sick Leave (SPSL) until 2023.

Massachusetts Ends COVID-19 Emergency Paid Sick Leave

March 14, 2022The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced.

Pittsburgh Issues Important Guidance for Victims of Domestic Violence Protections

March 11, 2022Following the passage of a bill that expanded the City’s anti-discrimination law to include employee “status as a victim of domestic violence,” Pittsburgh recently published additional guidance for employers.

Amount of Paid Leave Dramatically Increased Under D.C. Universal Paid Leave Law

March 11, 2022Due to a surplus in the District of Columbia’s Universal Paid Leave Fund, the number of weeks of paid leave available to D.C. workers under D.C.’s Universal Paid Leave Act will significantly increase on Jul. 1, 2022.

San Francisco OLSE Updates Guidance Regarding Paid Sick Leave and COVID-19

March 7, 2022While many employers are concerned with complying with the recently passed statewide COVID-19 Supplemental Paid Sick Leave, employers should also be aware of the interactions between regular paid sick leave and COVID-19 related absences.

CDC Relaxes Mask Recommendations

February 28, 2022In response to requests across the country, and following a number of states who have relaxed or removed their mask requirements, CDC has relaxed its mask recommendations.

Nationwide Injunction on COVID-19 Vaccine for Federal Contractors Applies to Vaccine Requirement Only

January 27, 2022The federal court that issued a nationwide injunction of Executive Order (EO) 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” has issued a new Order stating that it enjoined only the vaccine requirement of the EO’s implementing tool: the Safer Federal Taskforce (Safer Taskforce) Guidance.

OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

January 27, 2022D.C.’s new “COVID Vaccination Leave Temporary Amendment Act of 2021” (Temporary Act) will extend employees’ entitlement to paid time off for both COVID-19 vaccination and recovery from any side effects well into 2022.

At-Home COVID-19 Testing Options and Alternatives

January 24, 2022In fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred

D.C. Employees to Get Paid Leave for COVID-19 Vaccines Well into 2022

January 18, 2022D.C.’s new “COVID Vaccination Leave Temporary Amendment Act of 2021” (Temporary Act) will extend employees’ entitlement to paid time off for both COVID-19 vaccination and recovery from any side effects well into 2022.

U.S. Supreme Court Turns Centers for Medicare & Medicaid Services COVID-19 Vaccine Rules Back On

January 14, 2022Accordingly, CMS can enforce in the 24 states that had been subject to the injunctions reviewed by the Court its interim final rule requiring many Medicare and Medicaid providers to ensure that their covered staff are vaccinated against COVID-19.

U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

January 14, 2022In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). 

All Connecticut Employers Are Covered by State Family and Medical Leave Act Beginning 2022

January 13, 2022Have any employees in Connecticut? Then you are covered by the Connecticut Family and Medical Leave Act (Connecticut FMLA).

Updated Rates for California EDD Benefits and San Francisco Paid Family Leave Ordinance

January 13, 2022The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022.

Connecticut Paid Leave Payments and FMLA Changes What You Need to Know

January 3, 2022As we speed closer to Jan. 1, the date when payments will begin under Connecticut’s Paid Family and Medical Leave Act and the effective date of changes to Connecticut’s Family and Medical Leave Act (CT FMLA), below are some updates and considerations for employers.

Sixth Circuit Dissolves Stay of OSHA COVID-19 Vaccine ETS

December 20, 2021The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees.

Is COVID-19 a Disability? EEOC Provides Updated Guidance

December 15, 2021On Dec. 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance.

Philadelphia Mandates COVID Vaccine for All City Workers

November 24, 2021On Nov. 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by Jan. 14, 2022, or risk losing their jobs.

Florida Legislature Passes New COVID-19 Workplace Laws

November 22, 2021During a special session to consider what Governor Ron DeSantis called his “Keep Florida Free” agenda, the Florida Legislature passed several vaccine measures, some of which conflict with recently implemented federal rules, that affect the workplace.

Fate of OSHA’s COVID-19 Vaccine ETS in the Hands of Sixth Circuit Court

November 18, 2021The U.S. Court of Appeals for the Sixth Circuit has won the much-anticipated Multi-District Litigation lottery and will get to decide the merits of the challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine Emergency Temporary Standard (ETS).

Puerto Rico Expands Mandatory COVID-19 Vaccination

November 18, 2021Puerto Rico Governor Pedro R. Pierluisi has issued an Executive Order (EO) requiring all private sector employers with at least 50 employees to adopt COVID-19 vaccine or testing requirements.