Welcome to another monthly installment of SixFifty Employment Updates. In this month’s update, we’ll take a look at the latest changes to employment law and our products!
Employee Handbook
Connecticut Voting Leave Expires
Connecticut’s unpaid voting leave has expired and is no longer in effect. We have removed Connecticut from our Voting Leave policy engine to comply with this change.
Louisiana’s Reduced Meal and Rest Breaks for Minors Takes Effect
Louisiana’s removal of meal and rest break requirements for 16 and 17 year-old workers goes into effect August 1, 2024. We have already updated our Meal and Rest Break policy engine to comply with this change. See our July Update for more information about this change.
Minnesota Expands Protections for Employees Serving Jury Duty
Minnesota passed H.F. 5216, which requires employers to release employees from their regular schedule while serving jury duty. The law also prevents employers from making an employee work an alternate schedule while serving jury duty. We have updated our Jury Duty Leave policy engine to comply with this change.
Minnesota Provides More Leave for Prenatal Medical Care
Beginning August 1, 2024, pregnant Minnesota employees can take leave for prenatal medical care without it counting against their 12 weeks of pregnancy and parental leave. Employers also must contribute their portion of any benefits costs as if the employee on leave was working. We have updated our Parental Leave policy engine to comply with this change.
New Hampshire Passes New Weapons in the Workplace Law
On July 12, 2024, Governor Sununu signed HB 1336 requiring employers who receive public funds to permit employees to store firearms in their vehicles. Beginning January 1, 2025, covered employers may not prohibit or take adverse action against employees who store firearms or ammunition in their vehicles as long as the vehicle is locked and the firearm or ammunition is not visible.
System Updates
San Francisco Family Friendly Workplace Policy
We have added a San Francisco Family Friendly Workplace policy option to our Family and Medical Leave policy engine. This policy provides employees with flexible scheduling to allow them to care for family members. Employers with 20 or more total employees must include a written policy in their handbook.
New Connecticut Family and Medical Leave Policy
We have updated the Connecticut Family and Medical Leave policy engine clarify the differences between paid and unpaid family and medical leave. The engine now contains separate paid and unpaid family and medical leave policies.
New Maryland Flexible Leave Act Policy
We have updated the Maryland Family and Medical Leave policy engine to comply with the Maryland Flexible Leave Act.
Updated Oregon Family and Medical Leave
We have updated our Oregon Family and Medical Leave policy engine to include an additional 2 weeks of leave for child adoption or fostering.
A redline of these changes is available here.
Hiring and Separation Docs
California to Develop Model Whistleblower Posting
California Governor Newsom signed AB 2229 on July 15, 2024, requiring the Labor Commissioner to develop a model whistleblower notice by the end of the year. Beginning January 1, 2025, employers who post the model poster will be deemed in compliance with the whistleblower statute’s notice requirements.
Colorado Updates its EEO Poster
Colorado has updated its Anti-Discrimination in Employment poster. Employers should replace their existing notice. The updated version is included in the 50-State Hiring Kit and the Research Center.
D.C. Updates its Minimum Wage Poster
The District of Columbia updated its minimum wage poster to reflect the new minimum wage effective July 1, 2024. Employers should replace their existing poster. The updated version is included in the 50-State Hiring Kit and the Research Center.
Georgia Updates its Unemployment Poster
Georgia recently updated its “Unemployment Insurance is Not Payable During Vacation” poster. Employers should replace their existing poster. The updated version is included in the 50-State Hiring Kit and the Research Center.
Indiana Updates its Veterans Employment Poster
Indiana has updated its Veterans Benefits and Services poster. Employers with 50 or more employees should replace their existing poster. The updated version is included in the 50-State Hiring Kit and the Research Center.
Louisiana Updates and Creates New Workers’ Comp Poster
Louisiana has updated its Workers’ Compensation poster and created a new Workers’ Compensation Fraud poster. Employers should replace their existing posters with the updated version and begin displaying the new fraud poster. These posters are included in the 50-State Hiring Kit and the Research Center.
Massachusetts Passes Wage Transparency Bill
The Massachusetts legislature passed a pay transparency bill in July, which the governor is expected to sign. The law, which would go into effect one year after the governor signs it, would require employers with 25 or more employees in the state to disclose salary range information in job postings, among other requirements. We’re watching this bill closely and, if the governor signs it, we’ll update our Job Posting tool before the law goes into effect.
Minnesota Changes Pay Frequency Requirements
Minnesota made changes to its pay frequency requirements that go into effect on August 1, 2024. The law now states that any gratuities employees receive via a payment card or other electronic payment must be credited to the pay period in which that gratuity was received and must be paid no later than the next scheduled pay period.
Pennsylvania Limits Healthcare Non-Competes
On July 17, 2024, Pennsylvania Governor Shapiro signed a new non-compete bill into law. Effective January 1, 2025, non-compete agreements will be unenforceable against medical doctors, doctors of osteopathy, certified registered nurse anesthetists, certified registered nurse practitioners, and physician assistants unless the agreement lasts for no longer than one year and the worker was not terminated (meaning they’re only enforceable if the employee left voluntarily). The act also updates the definition of a non-compete. The previous definition stated that the agreement must be “designed to impede” the worker’s ability to practice. The new definition clarifies that a non-compete is any agreement that “has the effect of impeding” that ability, regardless of whether that was the agreement’s original intent.
Federal Courts Split on the Legality of the FTC’s Non-Compete Rule
As noted in our special update on the matter, the FTC’s final rule banning non-competes continues to face legal challenges but is still slated to take effect on September 4. On July 3, 2024, the judge in Ryan LLC v Federal Trade Commission–a case in federal court in Texas–put the rule on hold, but only for the plaintiff in the case. She also pledged to issue a decision on the merits of the case by August 30, 2024–five days before the rule is scheduled to take effect. Since then, the plaintiffs in that case have requested that the injunction be expanded nationwide. The judge’s ruling on that motion should be issued by August 2.
A parallel case is unfolding in federal court in Pennsylvania. Most recently, the judge in ATS Tree Services, LLC v. Federal Trade Commission denied the plaintiff’s request to put the law on hold and suggested that the FTC’s non-compete rule is lawful. But we’ll have to wait for a final decision on the merits before we know for sure how the court will rule in the case.
The conflicting decisions in these two cases add a ton of uncertainty to an already confusing legal mess. We are monitoring this situation closely and will update our tools as things evolve. In the meantime, employers should be prepared to comply with the rule and watch for a final ruling in these cases.