Labor and Compliance Updates for Summer 2024

A labor compliance roundup 

Here's a quick overview of the latest labor compliance laws as of August 1, 2024, including state and local initiatives, and more. This roundup isn't legal advice but offers insights into industry challenges and key issues affecting our industry. If you have questions or would like to learn more, contact us at compliance@castandcrew.com. 

 State and Local Laws 

California

California’s new Workplace Violence Prevention law, effective July 2024 
Reminder: California's Workplace Violence Prevention law took effect on July 1, 2024. Employers must now develop written prevention plans, log incidents, and provide annual training to address workplace violence. Cal/OSHA recently launched a Workplace Violence Prevention webpage, offering guidance, education on the new law, and resources for both employers and employees. Additional information can be found here. 

Connecticut

Connecticut expands Paid Sick Leave law, effective January 1, 2025  
Connecticut's new legislation, effective January 1, 2025, will expand the state's paid sick leave law to nearly all private employers by 2027. It applies broadly to “service workers” (excluding certain groups like seasonal employees) and extends to almost all employers. Initially, it will cover employers with 25 or more employees, then those with 11 or more in 2026, and finally all employers in 2027. The law also broadens eligibility, increases the accrual rate from 1 hour per 40 worked to 1 hour per 30, and introduces new notice and record-keeping requirements. Additional information can be found here.  

Illinois

Chicago releases final rules for new Paid Leave and Paid Sick Leave ordinance, effective July 2024 
Chicago has finalized the interpretive rules for its new Paid Leave and Paid Sick Leave ordinance, effective July 1, 2024. Key updates clarify that carryover hours are in addition to what employees will earn in the next 12 months. Other important points include defining the 12-month period, using Paid Time Off (PTO) policies for compliance, clarifying pay rates, guidelines for denying leave requests, limiting leave usage, and outlining employer paystub and notice requirements. Additional information can be found here. 

Illinois publishes final regulations for the Paid Leave for All Workers Act 
The Illinois Department of Labor has finalized regulations for the Paid Leave for All Workers Act. Key points include allowing employers to limit carryover of unused leave to 40 hours with a written policy, prorating frontloaded leave for new or part-time employees, and generally not requiring repayment of unused leave upon separation. Other updates address minimum increments for using leave, modifying existing policies, guidelines for denying leave requests, pay rate during leave, and updated notice requirements. Additional information can be found here.

Maryland updates Paid Family and Medical Leave insurance, effective October 2024 
Senate Bill 485 updates Maryland’s Paid Family and Medical Leave Insurance (FAMLI) program, effective October 1, 2024. The start dates for contributions and benefit payments are now July 1, 2025, and July 1, 2026, respectively. Additional changes address coverage, eligibility, contribution rates, and private employer plans. Additional information can be found here.  

Maryland clarifies new hire notice requirements, effective October 2024  
Maryland’s new pay notification requirements, effective October 1, 2024, mandate that employers inform employees at the time of hiring about their pay rate, regular paydays, and leave benefits. The bill also expands the requirements for paystubs. Additional information can be found here.  

Maryland amends Pay Transparency Law, effective October 2024 
Beginning October 1, 2024, Maryland's Pay Transparency Law will require employers to disclose wage ranges, benefits, and other compensation details for positions posted within the state. The law applies to jobs physically performed at least partially in Maryland and covers both public and internal postings. Employers must use a form provided by the commissioner of labor and industry and retain compliance records for three years. Additional information can be found here.  

Montgomery County enacts law limiting employers' access to employee healthcare information, effective July 2024 
A new Montgomery County law, effective July 26, 2024, prohibits employers from requesting healthcare information unless it is necessary for job qualifications. It also bans inquiries about sexual or reproductive health details. Maryland's existing law already restricts employers from seeking unrelated health information. Additional information can be found here.  

Minnesota

Employers face potential liability for independent contractor use, effective July 2024  
Effective July 1, 2024, Minnesota employers face increased penalties for misclassifying employees as independent contractors. The Department of Labor and Industry (DOLI) will use workers' compensation and unemployment compensation tests, plus a 14-factor test for the construction industry. Employers are liable for incorrect classification, failure to report, or making workers sign misclassification agreements, with penalties up to $10,000 per violation. Individual owners, officers, or agents may also be held accountable. DOLI may require employers to pay compensatory damages, including minimum wage, overtime, benefits, and contributions. Additional information can be found here. 

Minnesota amends Earned Sick and Safe Time Act, effective immediately  
Amendments to the Minnesota Earned Sick and Safe Time Act (ESST) mandate that employers allow flexible use of paid leave, clarify covered employees and pay rates, set a minimum use increment of 15 minutes, and expand coverage to include funeral-related matters. Additional information can be found here.  

Minnesota adds new job posting requirements to Pay Transparency law, effective January 2025  
Starting January 1, 2025, Minnesota employers with 30 or more employees must include the starting salary range and benefits information in job postings. This applies to all postings, whether made directly or through a third party, and includes both minimum and maximum salary ranges and a general description of benefits. Additional information can be found here. 

Minnesota’s Paid Family and Medical Leave law modified, effective January 2026
Minnesota’s 2023 paid leave law mandates up to 12 weeks of paid family and medical leave per qualifying event, starting January 1, 2026. Funded by a payroll tax shared by employers and employees, the law has been amended to increase the tax rate, set minimum leave increments, clarify intermittent leave benefits, and introduce an appeal process for decisions by the Department of Labor and Industry’s commissioner. Additional information can be found here.   

Minnesota’s Pregnancy and Parental Leave amendments, effective August 2024  
Effective August 1, 2024, Minnesota’s revised Pregnancy and Parental Leave law requires employers to provide 12 weeks of parental leave unaffected by any leave taken for parental care appointments. During this leave, employers must continue group insurance or healthcare coverage for the employee and dependents, with the employee covering their share of costs. The amendments also include additional workplace accommodations for affected employees. Additional information can be found here. 

Minnesota amends law regarding gratuities, effective August 2024 
Effective August 1, 2024, the amended gratuities law requires employers to transfer all electronic tips—such as those from credit cards or apps—directly to employees. Tips must be credited within the same pay period and paid by the next scheduled pay period. Additional information can be found here. 

Oregon

Oregon aligns state Family Leave Act and Paid Leave laws, effective July 2024 
Effective July 1, 2024, the Oregon Family Leave Act (OFLA) no longer covers serious health conditions or infant care; these are now covered by the Oregon Paid Family and Medical Leave Act (PFML). OFLA will provide up to 12 weeks of unpaid leave annually for sick childcare, bereavement, and pregnancy disability leave. Employees can use accrued paid time off with PFML benefits, not exceeding their regular pay. From July 1, 2024, to December 31, 2024, employees can take up to two weeks of OFLA leave for foster child placement or adoption, transitioning to PFML in 2025. Additional information can be found here. 

Utah

Utah broadens employee religious protections in the workplace, effective May 2024 
Effective May 1, 2024, Utah’s expanded religious accommodation requirements under the Utah Antidiscrimination Act prohibit employers from forcing employees into religiously offensive practices, including dress, grooming, speech, scheduling, and healthcare-related abstentions. Employees can request accommodations, provided they do not impose undue burden on the employer. Employers with fewer than 15 employees are exempt from scheduling accommodations. Additional information can be found here. 

See chart below for new state and local minimum wage amounts 

 Federal Laws 

I-9 Expiration date has been extended  
The U.S. Citizenship and Immigration Services (USCIS) has announced an update regarding Form I-9, Employment Eligibility Verification. The expiration date for this form has been extended to May 31, 2027. Employers are required to use the Form I-9 edition dated 08/01/23, which will have expiration dates of either 07/31/2026 or the newly extended date of 05/31/2027. Beginning August 1, 2026, employers must transition to the Form I-9 version that has the expiration date of 05/31/2027. Additional information is available here. 

EEOC sues employers for not filing EEO-1 reports 
The EEOC announced that it has filed lawsuits against 15 employers for repeatedly failing to submit mandatory federal workforce demographic reports. These companies, located across 10 states and in industries such as restaurants, retailers, and construction, did not provide required EEO-1 data reports for 2021 and 2022. Federal law mandates that private employers with 100 or more employees submit workforce date by job category, sex, race, or ethnicity. Additional information can be found here. 

EEOC issues final rule on the Pregnant Workers Fairness Act, effective June 2024 
The EEOC has implemented a final rule on the Pregnant Workers Fairness Act (PWFA), effective June 18, 2024. Key aspects of the final rule include broadening who qualifies for an accommodation, limiting employers’ ability to request documentation for accommodation requests, and removal of the requirement of a severity threshold for medical conditions that may require accommodation. The final rule provides examples of accommodations, guidance on the types of conditions employees may seek accommodations, and clarification of when employers are required to suspend essential job functions for applicable employees. Additional information can be found here. 

 International Laws 

Canada 

Amendments to Canadian Pay Equity Regulations, effective immediately 
The Canadian Pay Equity Regulations have been amended to introduce several changes. These include establishing a process for updating pay equity plans in workplaces without predominantly male job classes, revising rules for calculating hourly rates of pay for a "typical job class," requiring additional information in the annual statement, amending the posting deadline for a group of employers' notice of obligations, implementing an Administrative Monetary Penalties (AMPs) system, and updating the Schedule of the Regulations. Additional information can be found here. 

Ontario’s Bill 149, Workers Four Act, effective June 2024 
Ontario’s Bill 149, effective as of June 21, 2024, introduces various new requirements relating to employees.  Regarding payment of tips or other gratuities, the new requirements include specifying the means and location of payment to the employee and posting and recordkeeping requirements. In addition, the Bill introduces new job posting requirements. Publicly advertised job postings are now required to include the expected compensation or range of compensation for the position. Employers must also disclose the use of AI for applicant screening, assessment, or selection. Furthermore, publicly advertised job posting and associated application forms are prohibited from including requirements for Canadian work experience. Additional information can be found here. 

Ontario’s Bill 190, Working for Workers Five Act 
Ontario’s Bill 190, the Working for Workers Five Act, amends various employment-related legislation. Key updates include the prohibition of employers demanding sick notes for sick leave under the Employment Standards Act, 2000 (ESA), the inclusion of telework in private residences under the Occupational Health and Safety Act (OHSA), and the allowance for employers to post mandatory information electronically and guide workers on accessing it. Other updates involve disclosing vacancies in job postings, providing information to applicants during interviews, and notifying them about filled positions. Maximum fines for violations will increase from $50,000 to $100,000. Definitions of workplace harassment will include virtual instances, and employers will be required to maintain clean washroom facilities and keep cleaning records. The amendments related to workplace harassment and electronic postings under the OHSA were effective as of July 1, 2024, and the remaining provisions generally come into force upon receipt of Royal Assent or a date named by proclamation. Additional information can be found here.  

Prince Edward Island, Canada: new Paid Sick Leave program, effective October 2024 
This bill establishes a new paid sick leave program in Prince Edward Island, allowing employees to earn up to three days of paid sick leave based on their length of continuous employment. Hourly employees will receive their regular rate of wages for the hours they would have worked, while salaried employees will be paid their rate of pay for a day of work. Unused paid sick days cannot be carried over to the next year, and employers may require medical certificates for three consecutive sick days. Employees are entitled to use paid sick days before taking unpaid sick leave. Additional information can be found here.  

 US Minimum Wage Increases 

 Canada Minimum Wage Increases 

We’re here to help 
Stay tuned for future updates on developments affecting employees and workplace policies. If you have any questions, please reach out to compliance@castandcrew.com.