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Federal Updates
- U.S. State Employment Law Developments, Reminders, and Deadlines: There are a number of critical employment law developments that will affect U.S. employers in the next several months, and, for some employers, in the next several days. Though not an exhaustive list, we focus here on some key upcoming deadlines for employers in Q2 and Q3 2025: paid sick leave, family leave, pay transparency, biometric data collection, and restrictive covenants.
- What EEOC Guidance Says About Temporary Staffing Firms Sharing Employee Medical Information With Clients: Can a staffing agency share an employee’s medical information with a client when an accommodation is requested? The staffing and consulting industry often face tricky compliance questions when trying to do the right thing. This article explores the complexities of sharing medical information when an ADA accommodation is involved.
- OSHA in 2025: Observations and Expectations: As workplace safety regulations continue to evolve, it’s critical for staffing companies to stay informed. This article outlines what to expect from OSHA in 2025 and offers practical steps to remain complaint.
- Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?: Noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning noncompetes, which has been mired in significant legal challenges. Additionally, four states have banned noncompetes (California, Minnesota, North Dakota, and Oklahoma), and the list continues to grow, with Ohio recently joining the list of states with proposed bans.
- Can Part-Time Employees Qualify for FLSA Overtime Exemptions? Can part-time employees still be exempt under the FLSA? Yes, if they meet the full salary and duties tests. If you’re thinking about reclassifying part-time staff, make sure you understand the compliance risks first.
- Six States Set a Higher Bar for Overtime Exemption: Under the federal Fair Labor Standards Act (FLSA), an employee can satisfy the Salary Basis Test and Salary Level Test if they earn at least $684 per week, meaning an employee who earns at least $35,568 per year and meets the Duties Test can be exempt from overtime payment. Since most states’ overtime laws mirror the FLSA, it would be easy for employers to assume that their employees were exempt from overtime if they earned this much annually. But this assumption would be incorrect in six states.
State and Local Updates
- Ensuring Employee Selection Procedures Comply With California Law: California’s Fair Employment and Housing Act (FEHA) prohibits discrimination both in the selection of employees and during employment based on certain protected characteristics. Federal law provides similar protections under Title VII of the Civil Rights Act of 1964. Consequently, California employers must ensure their employee selection process is free from discrimination.
- California Pay Reports Are Due on May 14: The deadline to submit your California 2024 pay data report is May 14, 2025. The fines for missing can add up fast: $100 per employee for the first violation, and $200 for each subsequent one.
- New Transparency Requirements Under the Illinois Equal Pay Act: On January 1, 2025, the new requirements under the Illinois Equal Pay Act came into effect. Under this Act, employers with 15 or more employees are now mandated to include the pay scale and benefits for job positions that are performed in Illinois or for positions performed outside of Illinois if the employee reports to an office or supervisor located in Illinois.
- Wyoming Legislature Takes a Bite Out of Covenants Not to Compete: Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law. While the new law leaves Wyoming businesses with a few options to continue to use those covenants, employers need to move quickly in advance of the new law’s effective date.
