April 12, 2024: The US Supreme Court resolved a split between the First and Second Circuits and held that an individual does not need to work in the transportation industry to fall within the transportation workers exemption provided by Section 1 of the Federal Arbitration Act (FAA). Instead, the inquiry focuses on the worker's role – whether the worker is actively engaged in transporting goods across borders.

The court noted that the Second Circuit's industry-focused test was not guided by the FAA's text or Supreme Court precedent and could require extensive discovery to resolve a "simple" motion to compel arbitration.

(Bissonnette v. LePage Bakeries Park St., LLC, , at *5-6 (U.S. Apr. 12, 2024).)

April 11, 2024: In Ward v. Shelby County, the Sixth Circuit held that a release of "any and all claims" includes an employee's potential USERRA claims even if the release does not specifically mention USERRA claims or the employee's veteran status. Additionally, the court held that:

( (6th Cir. Apr. 11, 2024).)

March 18, 2024: In Tillman Transp. LLC v. MI Bus. Inc., the Sixth Circuit held, in a matter of first impression in the circuit, that the Federal Arbitration Act's (FAA) Section 1 exemption is inapplicable to contracts between businesses ( (6th Cir. Mar. 18, 2024)).

April 10, 2024: In Fli-Lo Falcon, LLC v. Amazon.com, Inc., the Ninth Circuit held that the Federal Arbitration Act's exemption for transportation workers applies only to natural persons and does not apply to business entities ( (9th Cir. Apr. 10, 2024). The court followed decisions by the Fourth Circuit and Sixth Circuit in reaching the holding (Amos v. Amazon Logistics, Inc., 74 F.4th 591 (4th Cir. 2023) and Tillman Transp., LLC v. MI Bus. Inc., 95 F.4th 1057 (6th Cir. 2024)).

March 12, 2024: In Ortiz v. Randstad Inhouse Servs., LLC, the Ninth Circuit held that an equipment operator was an exempt transportation worker engaged in foreign or interstate commerce under the Federal Arbitration Act (FAA) even though he did not directly transport products across great distances ( (9th Cir. Mar. 12, 2024)). In doing so, the court applied Supreme Court precedent in Saxon v. Southwest Airlines Co., 596 U.S. 450 (2022). In Saxon, the Supreme Court established a two-part analysis that identified first the relevant class of workers, focusing specifically on the duties the workers performed as opposed to the employer's industry, and then evaluated whether the class of workers was involved in foreign or interstate commerce, without strictly requiring the workers to be involved in the actual transportation of goods.

March 8, 2024: The US District Court for the Eastern District of Texas granted the Chamber of Commerce's motion for summary judgment and issued a declaratory judgment vacating the NLRB's 2023 Joint-Employer Rule (88 Fed. Reg. 73946 (Oct. 27, 2023); see 2023 Traditional Labor Law Developments Tracker: Federal Administrative Agency Regulations and Rulemaking: National Labor Relations Board (NLRB)).

April 17, 2024: In Muldrow v. City of St. Louis, Missouri, the US Supreme Court resolved a circuit split and held that an employee challenging a job transfer in a Title VII discrimination claim must show that the transfer caused some harm relating to an identifiable term or condition of employment, but the harm does not need to be significant, but need not show that the harm was significant, serious, substantial, or exceeded any other heightened bar ( (U.S. Apr. 17, 2024)).

February 8, 2024: In Murray v. UBS Securities, LLC, the US Supreme Court resolved a circuit split on the issue and unanimously held that a whistleblower bringing an anti-retaliation claim under the Sarbanes-Oxley Act (SOX) (18 U.S.C. § 1514A) must prove that their protected activity was a contributing factor in the unfavorable personnel action, but need not make a further showing that the employer acted with retaliatory intent ( (U.S. Feb. 8, 2024)). For more on the decision and SOX generally, see Practice Note, Whistleblower Protections Under Sarbanes-Oxley and the Dodd-Frank Act.

February 1, 2024: The First Circuit held that the Maine Equal Pay Act:

(Mundell v. Acadia Hosp. Corp., (1st Cir. Feb. 1, 2024).)

March 26, 2024: In Bart v. Golub Corp., the Second Circuit affirmed and clarified the McDonnell Douglas standard on summary judgment and held that to survive summary judgment on a Title VII disparate treatment claim, a plaintiff:

(, at *8, 10 (2d Cir. Mar. 26, 2024).)

March 20, 2024: In King v. Aramark Services, Inc., the Second Circuit held that under Title VII, a discrete act that furthers a discriminatory policy and occurs within the limitations period can render timely a hostile work environment claim based on that policy ( (2d Cir. Mar. 20, 2024) (for the court's treatment of the plaintiff's NYSHRL claims, see New York)).

January 17, 2024: The Fourth Circuit held that an employer is not always required to reallocate, reassign, or redistribute all nonessential job functions to reasonably accommodate an employee with a disability under the ADA. The court affirmed that a reasonable accommodation "may" entail a job restructuring including reallocating or redistributing nonessential, marginal job functions, but declined to adopt a rule categorically requiring those actions to make a given accommodation reasonable. The court recognized that the case's particular circumstances dictate what constitutes a reasonable accommodation. (Tartaro-McGowan v. Inova Home Health, LLC, the , at *6 (4th Cir. Jan. 17, 2024).)

January 22, 2024: The Sixth Circuit held that the Taxpayer First Act (TFA) incorporates the two-part burden-shifting framework from 49 U.S.C. § 42121(b)(2)(B) and therefore requires a plaintiff to make a prima facie showing that:

The court held that the temporal proximity of four days between employer's learning of the whistleblower's protected activity and the whistleblower's firing was a rare instance where temporal proximity satisfied the contributing factor requirement. However, in the second prong of the burden-shifting framework, the employer defeated the prima facie claim by showing with clear and convincing evidence that it would have taken the same employment action regardless of the whistleblower's protected activity. The court noted that the prima facie burden under the TFA is "much easier" than that required for retaliation claims litigated under the McDonnell Douglas burden-shifting framework and held that since the framework is statutorily required, the district court erred by substituting the familiar three-part McDonnell Douglas framework. (Gammons v. Adroit Med. Sys., Inc., (6th Cir. Jan. 22, 2024).)

February 6, 2024: In Daramola v. Oracle America, Inc., the Ninth Circuit held that:

( (9th Cir. Feb. 6, 2024). For more on this decision, see Practice Note, Extraterritorial Scope of Major US Employment Laws.)

March 26, 2024: The Federal Circuit held that under the Equal Pay Act (EPA), an employer can rely on the defense that it used the employee's salary history in setting pay only if either:

The court further held that this limited defense applies to the federal governments in the same way as private employers and other statutes that permit the federal government to consider pay history in setting pay do not conflict with the EPA. (Boyer v. United States, (Fed. Cir. Mar. 26, 2024).)

March 21, 2024: The DOL's ODEP introduced the Competitive Integrated Employment Transformation Hub, providing guidance, policy information, and best practices for people with disabilities, their families, employers, employment service providers, and state agencies. Competitive integrated employment ensures that people with disabilities are paid competitive wages and work in environments where most employees do not have disabilities.

March 25, 2024: The DOL's OFCCP announced that beginning April 1 the agency will begin accepting online submissions through its Contractor Portal by covered contractors to certify they have developed and maintained affirmative action programs for each establishment or functional unit.

April 29, 2024: The EEOC published final guidance on harassment in the workplace, which "updates, consolidates, and replaces the agency's five guidance documents issued between 1987 and 1999, and serves as a single, unified agency resource on EEOC-enforced workplace harassment law" (see EEOC: Enforcement Guidance on Harassment in the Workplace).

April 15, 2024: The EEOC announced a Final Rule implementing the Pregnant Workers Fairness Act. The rule provides clarity to employers and workers about who is covered under the law, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples. The rule and interpretative guidance will be published in the Federal Register on April 19, 2024, and become effective on June 18, 2024. (89 Fed. Reg. 29096 (Apr. 19, 2024).)

February 16, 2024: The EEOC published a Final Rule adjusting for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII, the ADA, GINA, and the Pregnant Workers Fairness Act (PWFA), effective February 16, 2024 (89 Fed. Reg. 12231 (Feb. 16, 2024)).

January 11, 2024: DOL published a Final Rule with the agency's 2024 civil monetary penalty inflationary adjustments, effective January 15, 2024. The final regulations address penalties imposed under ERISA, OSHA, FLSA, FMLA, and INA, among other statutes. (89 Fed. Reg. 1810 (Jan. 11, 2024).) For more information, see Legal Update, DOL Increases Civil Money Penalties for 2024.

April 17, 2024: In Muldrow v. City of St. Louis, Missouri, the US Supreme Court resolved a circuit split and held that an employee challenging a job transfer in a Title VII discrimination claim must show that the transfer caused some harm relating to an identifiable term or condition of employment, but need not show that the harm was significant, serious, substantial, or exceeded any other heightened bar. ( (U.S. Apr. 17, 2024)).

February 8, 2024: In Murray v. UBS Securities, LLC, the US Supreme Court resolved a circuit split on the issue and unanimously held that a whistleblower bringing an anti-retaliation claim under the Sarbanes-Oxley Act (SOX) (18 U.S.C. § 1514A) must prove that their protected activity was a contributing factor in the unfavorable personnel action, but need not make a further showing that the employer acted with retaliatory intent ( (U.S. Feb. 8, 2024)). For more on the decision and SOX generally, see Practice Note, Whistleblower Protections Under Sarbanes-Oxley and the Dodd-Frank Act.

March 26, 2024: In Bart v. Golub Corp., the Second Circuit affirmed and clarified the McDonnell Douglas standard on summary judgment and held that to survive summary judgment on a Title VII disparate treatment claim, a plaintiff:

(, at *8, 10 (2d Cir. Mar. 26, 2024).)

February 1, 2024: The Fifth Circuit held that an employment contract requiring an employee to file claims within six months of accrual was reasonable as applied to their claim under 42 U.S.C. § 1981 and enforceable (Harris v. FedEx Corp. Servs., , at *5 (5th Cir. Feb. 1, 2024)).

February 12, 2024: In Johnson v. Lowe's Home Centers, LLC, the Ninth Circuit held that the California Supreme Court in Adolph v. Uber Techs., Inc., having the authority to correct a federal court's misinterpretation of the California Private Attorney Generals Act (PAGA), did not interpret the state law in a manner that conflicted with federal law as articulated by the US Supreme Court in Viking River Cruises, Inc. v. Moriana. While this case was on appeal to the Ninth Circuit, the Adolph decision held that a PAGA representative plaintiff can be compelled to arbitrate their individual PAGA claims, while still having statutory standing to pursue their non-individual (representative) PAGA claims in court, unlike the US Supreme Court's view that standing would be lacking. ( (9th Cir. Feb. 12, 2024).)

February 6, 2024: In Daramola v. Oracle America, Inc., the Ninth Circuit held that:

( (9th Cir. Feb. 6, 2024). For more on this decision, see Practice Note, Extraterritorial Scope of Major US Employment Laws.)

April 16, 2024: The DOL announced a Final Rule to protect miners from health hazards associated with exposure to silica dust. The rule lowers the permissible exposure limit to silica dust and requires mine operators to take additional protective measures. The rule will be published in the Federal Register on April 18, 2024 and takes effect June 17, 2024, except certain amendments are effective April 14, 2025 or April 8, 2026. (89 Fed. Reg. 28218 (Apr. 18, 2024).)

March 29, 2024: The DOL announced a Final Rule clarifying the rights of employees to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace effective May 31, 2024 (89 Fed. Reg. 22558 (Apr. 1, 2024).)

March 28, 2024: OSHA is extending the period for submitting comments to allow stakeholders interested in the Notice of Proposed Rulemaking on Emergency Response additional time to review and collect information and data necessary for comment. Comments on the rule are now due June 21, 2024 (89 Fed. Reg. 21468 (Mar. 28, 2024).)

March 12, 2024: The DOL announced a renewed partnership with the government of the Dominican Republic to provide its citizens with information about US laws protecting their workplace safety and health, wages and work hours, and other employment matters. DOL representatives included leaders from OSHA, WHD, and EBSA, as well as representatives from the NLRB.

February 5, 2024: OSHA announced a Notice of Proposed Rulemaking to issue a new safety and health standard, titled Emergency Response, which would replace the existing Fire Brigades Standard, address a broader scope of emergency responders, and include elements to protect emergency responders from a variety of occupational hazards. Comments on the rule are due May 6, 2024 (89 Fed. Reg. 7774 (Feb. 5, 2024).)

January 26, 2024: OSHA published a new directive establishing its enforcement policy for its Process Safety Management of Highly Hazardous Chemicals standard ("PSM standard"). The directive supersedes OSHA's prior instructions on the PSM standard.

January 11, 2024: The DOL published a Final Rule with the agency's 2024 civil monetary penalty inflationary adjustments, effective January 15, 2024. The final regulations address penalties imposed under ERISA, OSHA, FLSA, FMLA, and INA, among other statutes. (89 Fed. Reg. 1810 (Jan. 11, 2024).) For more information, see Legal Update, DOL Increases Civil Money Penalties for 2024.

January 1, 2024: OSHA's Final Rule amending its regulations to require certain employers in designated high-hazard industries to electronically submit injury and illness information to OSHA became effective. Among the amendments is a new requirement that employers with 100 or more employees in certain high-hazard industries to electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work-Related Injuries and Illnesses. For more information, see the Final Rule as published (88 Fed, Reg. 47254 (July 21, 2023)).

January 11, 2024: The DOL published a Final Rule with the agency's 2024 civil monetary penalty inflationary adjustments, effective January 15, 2024. The final regulations address penalties imposed under ERISA, OSHA, FLSA, FMLA, and INA, among other statutes. (89 Fed. Reg. 1810 (Jan. 11, 2024).) For more information, see Legal Update, DOL Increases Civil Money Penalties for 2024.

February 26, 2024: The EEOC announced that the 2023 EEO-1 Component 1 data collection will open April 30, 2024 and the 2023 EEO-1 Component 1 Instruction Booklet has been updated. The deadline for submitting and certifying 2023 EEO-1 Component 1 Reports is June 4, 2024.

January 17, 2024: The ETA issued a Notice of Proposed Rulemaking (NPRM) proposing to revise regulations for registered apprenticeship programs to improve the National Apprenticeship System. Interested parties may submit written comments concerning the proposed rule by March 18, 2024. (See National Apprenticeship System Enhancements, 89 Fed. Reg. 3118 (Jan. 17, 2024).)

January 30, 2024: The Office of Federal Procurement Policy (OFPP), Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) announced a Notice of Proposed Rulemaking (NPRM). The rule would:

Comments on the rule are due April 1, 2024 (89 Fed. Reg. 5843-01 (Jan. 30, 2024)).

April 23, 2024: The FTC announced the issuance of a final rule generally banning post-employment non-competes with all workers except senior executives, together with the Fact Sheet on the FTC's Non-Compete Rule. The rule is scheduled to become effective 120 days after publication in the Federal Register but is likely to be subject to legal challenges.

January 5, 2024: The Second Circuit held that the NLRA does not preempt New York City's Wrongful Discharge Law (N.Y.C. Admin. Code §§ 20-1271-75). The court held that the law, which prohibits large fast-food chains in New York City from arbitrarily terminating and reducing the hours of fast-food workers and provides those workers with the option to arbitrate claims of alleged violations, sets minimum labor standards that regulate the substance, rather than the process, of collective bargaining negotiations. The court also held that the law is not unconstitutional under the dormant Commerce Clause because it applies to fast-food establishments based on the size of the chain, not based on whether the establishment engages in interstate commerce. The law does not operate to benefit in-state economic interests by burdening out-of-state competitors. The Wrongful Discharge Law took effect on July 4, 2021. (Rest. Law Ctr. v. City of N.Y., 90 F.4th 101 (2d Cir. 2024).)

April 29, 2024: The DOL Wage and Hour Division published Field Assistance Bulletin 2024-1 providing guidance to field staff regarding application of the FLSA and other federal labor standards as employers increasingly use AI and other automated systems in the workplace.

April 23, 2024: The DOL announced its final rule, which is scheduled to increase the annual salary threshold for the executive, administrative, and professional (EAP) exemptions from $35,568 ($684 a week) to $43,888 ($844 a week), effective July 1, 2024, and to $58,656 ($1,128 a week), effective January 1, 2025. For the highly compensated employee (HCE) exemption, the minimum total annual compensation level is scheduled to increase from $107,432 to $132,964, effective July 1, 2024, and to $151,164, effective January 1, 2025. Beginning July 1, 2027, the salary threshold and minimum annual compensation are scheduled to update every three years, based on current wage data. The final rule does not change special salary levels applicable in US territories or the special base rate for employees in the motion picture industry. (89 Fed. Reg. 32842.) For more on the final rule, see Minimum Salary for the Executive, Administrative, and Professional Exemptions Under the FLSA: DOL Rulemaking Tracker.

March 12, 2024: The DOL announced a renewed partnership with the government of the Dominican Republic to provide its citizens with information about US laws protecting their workplace safety and health, wages and work hours, and other employment matters. DOL representatives included leaders from OSHA, WHD, and EBSA, as well as representatives from the NLRB.

March 11, 2024: The DOL's final rule on independent contractor classification became effective on this date (29 C.F.R. §§ 795.100 to 795.115; see also 89 Fed. Reg. 1638). The rule is subject to legal challenges in at least four federal district courts, with a preliminary injunction motion pending in at least one (see Independent Contractor Classification Under the FLSA: DOL Rulemaking Tracker: Legal Challenges to the 2024 Final Rule).

January 11, 2024: The DOL published a Final Rule with the agency's 2024 civil monetary penalty inflationary adjustments, effective January 15, 2024. The final regulations address penalties imposed under ERISA, OSHA, FLSA, FMLA, and INA, among other statutes. (89 Fed. Reg. 1810 (Jan. 11, 2024).) For more information, see Legal Update, DOL Increases Civil Money Penalties for 2024.

January 9, 2024: The DOL announced its Final Rule revising the agency's approach to evaluating independent contractor status under the FLSA (89 Fed. Reg. 1638 (Jan. 10, 2024)). Scheduled to take effect March 11, 2024, the new rule:

For more information on the rulemaking process, see Independent Contractor Classification Under the FLSA: DOL Rulemaking Tracker. Additional information on the final rule, including FAQs, is available on the DOL's final rule webpage.

March 12, 2024: In Parker v. Battle Creek Pizza, Inc., the Sixth Circuit held that an employer that reimburses employees for providing the tools of their job (here, pizza delivery drivers and their cars) must ensure that the reimbursement is sufficient to ensure that the workers are earning at least the minimum wage. The court said that the employers cannot rely on either a "reasonable approximation" or the IRS standard mileage rate. ( (6th Cir. Mar. 12, 2024).)

January 24, 2024: In Blanco v. Samuel, the Eleventh Circuit interpreted what it means for a domestic worker (in this case, a nanny) to "reside" in the home where they work for purposes of the so-called live-in service exemption to overtime pay requirements under the FLSA. The court held that the nanny did not qualify for the exemption and therefore was entitled to overtime pay, reasoning that:

However, the court also held that there was a factual dispute about who was the nanny's employer responsible for paying the overtime, where the parents argued that two different LLCs were the employers and they did not personally control or manage the employment relationship. ( (11th Cir. Jan. 24, 2024).)

February 2, 2024: The Department of Justice published a Final Rule updating its regulations on the protection of whistleblowers in the FBI. The rule makes several changes including updating the description of protected whistleblower disclosures and covered personnel actions, providing for more equal access to witnesses, and specifying that compensatory damages may be awarded as appropriate. The rule is effective March 4, 2024. (89 Fed. Reg. 7277 (Feb. 2, 2024).)

March 26, 2024: The Federal Circuit held that under the Equal Pay Act (EPA), an employer can rely on the defense that it used the employee's salary history in setting pay only if either:

The court further held that this limited defense applies to the federal governments in the same way as private employers and other statutes that permit the federal government to consider pay history in setting pay do not conflict with the EPA. (Boyer v. United States, (Fed. Cir. Mar. 26, 2024).)

January 22, 2024: The Federal Circuit concluded that the FLSA covers a person asserting coverage as a federal government employee even if there is no other congressional authorization creating the asserted employment relationship with the federal government. The Federal Circuit remanded the case to the Court of Federal Claims to evaluate whether a worker for Voice of America (VOA), who concededly was not a federal employee under Title 5, was employed by the federal government under the FLSA's own standard for being employed and potentially entitled to overtime and other benefits under the FLSA. (Lambro v. U.S., (Fed. Cir. Jan. 22, 2024).)

April 9, 2024: The MSPB published a Final Rule giving federal employees who are involuntarily moved from the competitive service into the excepted service, or between schedules in the excepted service, the right to appeal the loss of any status or civil service protections they had already accrued. The rule is effective May 9, 2024. (89 Fed. Reg. 24681 (Apr. 9, 2024).)

February 14, 2024: The MSPB published a Final Rule adjusting for inflation the level of civil monetary penalties in regulations maintained and enforced by the MSPB, effective February 14, 2024 (89 Fed. Reg. 11163 (Feb. 14, 2024)).

February 6, 2024: The MSPB announced a proposed rule that would give certain federal employees who are moved from the competitive service into the excepted service, or between schedules in the excepted service, the right to appeal the loss of any status or civil service protections they had already accrued. Comments on the proposed rule are due March 7, 2024. (89 Fed. Reg. 8083 (Feb. 6, 2024).)

April 4, 2024: The OPM announced a Final Rule that clarifies and reinforces long-standing protections and merit system principles for career civil servants. Among other things, the Final Rule:

The Final Rule becomes effective 30 days after publication in the Federal Register (which is scheduled for April 9, 2024).

January 29, 2024: The Office of Personnel Management (OPM) announced the issuance of a Final Rule, "Advancing Pay Equity in Governmentwide Pay Systems," that prohibits the use of previous non-federal salary history in setting pay for federal employment offers. The Rule is effective April 1, 2024 (89 Fed. Reg. 5737 (Jan. 30, 2024)).

March 26, 2024: The Phoenix City Council passed an ordinance adding a new Article XI to Chapter 18 of the Phoenix City Code to address heat safety for certain workers. The ordinance requires city contractors and subcontractors to adopt heat safety plans which must provide, at a minimum:

March 25, 2024: Answering questions from the Ninth Circuit about Wage Order No. 16 and "hours worked," the California Supreme Court ruled that:

(Huerta v. CSI Elec. Contractors, (Cal. Mar. 25, 2024).)

March 22, 2024: Cal/OSHA adopted a proposed indoor heat illness prevention rule despite the state finance department's objection to the proposal's economic impact. The rule is now subject to a 30-day review period by the California Office of Administrative Law. (See Law Firm Publication by Fisher Phillips.)

February 28, 2024: In February 2024, Cal/OSHA published a series of model documents and guidance on workplace violence prevention resources, including fact sheets and a model workplace violence prevention plan. Cal. Lab. Code § 6401.9 requires that most California employers draft and implement a comprehensive workplace violence prevention plan by July 1, 2024. On March 18, 2024, Cal/OSHA announced the Cal/OSHA Workplace Violence Prevention Guidance and Resources webpage.

February 27, 2024: Los Angeles County passed ordinance 2024-0012, which amends Title 8: Consumer Protection, Business and Wage Regulations of the Los Angeles County Code by implementing a fair chance ordinance for employers. The sweeping law takes effect March 28, 2024, becomes operative September 3, 2024, and applies to the unincorporated areas of Los Angeles County. Among other changes, it:

February 12, 2024: In Johnson v. Lowe's Home Ctrs., LLC, the Ninth Circuit held that the California Supreme Court in Adolph v. Uber Techs., Inc., having the authority to correct a federal court's misinterpretation of the California Private Attorney Generals Act (PAGA), did not interpret the state law in a manner that conflicted with federal law as articulated by the US Supreme Court in Viking River Cruises, Inc. v. Moriana. While this case was on appeal to the Ninth Circuit, the Adolph decision held that a PAGA representative plaintiff can be compelled to arbitrate their individual PAGA claims, while still having statutory standing to pursue their non-individual (representative) PAGA claims in court, unlike the US Supreme Court's view that standing would be lacking. ( (9th Cir. Feb. 12, 2024).)

February 9, 2024: On February 9, 2024, the California Court of Appeal for the Third District reversed a lower court's order that enjoined the California Privacy Protection Agency (CPPA) from enforcing California Privacy Rights Act (CPRA) related regulations until 12 months after the date the regulations are finalized. Unless this decision is further appealed or stayed, the CPPA is now able to enforce the regulations it finalized on March 29, 2023. (Cal. Priv. Prot. Agency v. Super. Ct. of Sacramento Cnty., (Cal. Ct. App. February 9, 2024); see Legal Update, California Appellate Court Overturns Lower Court Ruling Delaying CPRA Regulations Enforcement.)

February 9, 2024: A Law Firm Publication discusses the California Civil Rights Department's (CRD) updated FAQs, issued on February 1, 2024 for the 2023 California pay data reports due May 8, 2024. The guidance includes a few changes from the 2022 pay reporting process, such as the new 2023 report format requiring more information about remote employees and certain information for all labor contractors' employees. (See by Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.)

February 6, 2024: A Law Firm Publication discusses AB 1228, which among other things, requires a $20 per hour minimum wage for workers in fast food restaurants that are part of a national fast food chain (as defined), effective April 1, 2024, to be administered by the Fast Food Council, which is expected to be appointed and start its tenure on March 15, 2024. It also discusses the proposed bill to add new exemptions to the definition of "fast food restaurant." (See by Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.)

January 23, 2024: The 2023 California Pay Data Reporting Portal is set to open on February 1, 2024. Reports must be submitted on or before May 8, 2024 (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

January 18, 2024: The California Supreme Court, resolving a split between California Courts of Appeals, held that trial courts lack the authority to dismiss with prejudice a Labor Code Private Attorneys General Act of 2004 (PAGA) claim on manageability grounds (Estrada v. Royalty Carpet Mills, Inc., (Cal. Jan. 18, 2024); see by Jackson Lewis P.C.).

January 1, 2024: A federal district court entered a permanent injunction barring the State of California from enforcing AB 51, holding that the law is preempted by the Federal Arbitration Act (FAA). AB 51 precluded employers from requiring arbitration agreements as a condition of employment. Chamber of Commerce of the USA v. Becerra, No. 2:19-cv-02456 (E.D. Cal. Jan. 1, 2024). The permanent injunction follows a February 15, 2023 decision by the Ninth Circuit in Chamber of Commerce of the US v. Bonta upholding the preliminary injunction ( (9th Cir. Feb. 15, 2023) (decided after panel granted sua sponte rehearing, withdrew previous decision, and resubmitted the case on Aug. 22, 2022); see by Jackson Lewis P.C.).

January 12, 2024: The Tenth Circuit, holding that a Colorado Wage Order concerning the calculation of an employee's regular rate was ambiguous as to the meaning of "holiday pay" and did not clearly incorporate the FLSA on the point, certified to the Colorado Supreme Court. In particular, the Colorado Supreme Court must answer whether Colorado law includes or excludes holiday incentive pay from the calculation of the regular rate of pay used for calculating hourly overtime rates for non-exempt employees under the Colorado Overtime and Minimum Pay Standards Order (Comps Order) #38 (7 Colo. Code Regs. § 1103-1:1, secs. 1.8 and 1.8.1). The Colorado Supreme Court's decision will impact the merits of a dismissed putative class action, but also will have a broader impact on Colorado employers' overtime pay obligations. (Hamilton v. Amazon.com Servs. LLC, (10th Cir. Jan. 12, 2024).)

March 19, 2024: In Bartolotta v. Human Resources of New Britain, Inc., the Connecticut Appellate Court concluded that state law does not prohibit employers from terminating an employee for being impaired by medical marijuana while working (224 Conn. App. 248, 261-63 (2024)).

January 12, 2024: Washington DC Mayor Bowser signed D.C. Act 25-367 "Wage Transparency Omnibus Amendment Act of 2023" into law. If the act is not overturned by Congress during a 30-day reviewing period, effective June 30, 2024, it will amend Washington DC's Pay Transparency Act of 2014. For more information on the new requirements and prohibitions the amendment is expected to impose on Washington DC employers, see by Ford Harrison.

January 10, 2024: Washington DC Mayor Bowser signed D.C. Act 25-362 “Minimum Wage Clarification Amendment Act of 2023” into law. If the act is not overturned by Congress during a 30-day reviewing period, it is expected to take effect on March 7, 2024 and expand the circumstances where employers must pay employees Washington DC’s minimum wage to include when an employee performs at least two hours of work in the Washington DC, for the same employer, within one workweek. The minimum wage is currently $17.00 per hour for non-tipped employees.

March 22, 2024: Florida Governor Ron DeSantis signed HB 49 into law, amending the state's child labor law (§ 450.081, Fla. Stat.) to allow minors sixteen and seventeen years of age to work more hours, effective July 1, 2024 (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

March 15, 2024: A federal judge granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA) (Staffing Servs. Ass'n of Ill. v. Flanagan, No. 1:23-cv-16208 (N.D. Ill. Mar. 11, 2024)). The provision was due to take effect on April 1, 2024. For more information, see by Jackson Lewis P.C.

January 18, 2024: The City of Chicago Office of Labor Standards (OLS) issued FAQs, an informational flyer (not the formal notice posting required for Chicago employers, and proposed rules for its New Paid Leave and Paid Sick and Safe Leave Ordinance, effective July 1, 2024. On January 18, 2024, OLS also issued proposed updates to the Chicago Minimum Wage and Wage Theft Rules. OLS is accepting public comments until February 16, 2024 on both the proposed rules and proposed updates.

April 19, 2024: Kansas enacted an earned wage access service law (HB 2560) governing businesses delivering to consumers access to earned but unpaid income based on employment, income, and attendance data obtained directly or indirectly from an employer. Among other things, it prohibits registered businesses from sharing with an employer a portion of any fees, voluntary tips, gratuities, or other donations received from or charged to a consumer for earned wage access services.

February 1, 2024: The First Circuit held that the Maine Equal Pay Act:

(Mundell v. Acadia Hosp. Corp., (1st Cir. Feb. 1, 2024).)

April 25, 2024: Maryland enacted the Noncompete and Conflict of Interest Clauses for Veterinary and Health Care Professionals and Study of the Health Care Market law (HB 1388), which provides that certain noncompete and conflict of interest provisions in certain employment contracts are null and void as against public policy and prohibits noncompete and conflict of interest provisions for certain health care employment contracts and similar documents and agreements, effective June 1, 2024.

March 28, 2024: Massachusetts Supreme Judicial Court upheld a lower court's ruling that a retailer's commission-based compensation plan violated the Massachusetts Wage Act by paying commission-based sales employees overtime and Sunday premium pay out of earned commissions, and it further held that employees have a private right of action under the Massachusetts Wage Act for violations of the Sunday pay statute (Sutton v. Jordan's Furniture, Inc., 229 N.E.3d 1091 (Mass. 2024); see also by Ogletree Deakins Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

January 2, 2024: Massachusetts posted updated 2024 versions of its workplace poster, notices and rate sheets for Massachusetts employers concerning the Paid Family and Medical Leave (PFML) Law on its website. For more information on new 2024 obligations under the PFML and these publications, see by Jackson Lewis P.C.

April 17, 2024: In Tea v. Ramsey County, the Missouri Supreme Court, in upholding its prior decision in Smith v. Carvey County, held that compensation judges may review the Diagnostic and Statistical Manual of Mental Disorders criteria when considering the persuasiveness of expert reports, but not to make their own diagnosis of a workers' compensation claimant's condition ( (Minn. Apr. 17. 2024)).

January 1, 2024: Minnesota's statewide paid sick and safe leave law, Earned Sick and Safe Time (ESST), took effect. The state's Department of Labor and Industry (DLI) has made guidance available, including revised FAQs and informational videos.

April 19, 2024: A Law Firm Publication discusses that as a matter of first impression by a New Jersey state court in Sands v. Board of Review, Department of Labor & Workforce Development, the New Jersey Superior Court, Appellate Division held in an unpublished decision that the employee had a viable claim that their employer violated the New Jersey Wage Payment Law (NJWPL) by not reimbursing expenses incurred from the business-required use of the employee's personal car ( (N.J. App. Div. Apr. 5, 2024)). (See by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

January 12, 2024: New Jersey Governor Murphy signed S-723/A-822 into law, creating the New Jersey Domestic Workers' Bill of Rights Act. The law, which will take effect in July, provides domestic workers with anti-discrimination and anti-harassment rights, health and safety protections, and privacy rights. It also amends New Jersey State Wage and Hour Law to cover certain domestic workers, requires domestic employers to enter into a written contract with the domestic worker, requires rest and meal break times, and requires employers to give advance notice to domestic workers before a termination. The bill also sets penalties for violations of its provisions and requires employers to provide notice to domestic workers about their rights.

January 8, 2024: New Jersey Governor Murphy signed S1438/A5794, which authorizes a union, with a worker's written consent, to file complaint in court seeking unpaid wages for a worker, whether or not the worker is a member of that union, against contractors or subcontractors on public works projects. The legislation amends New Jersey's prevailing wage statute, which previously authorized only the Commissioner of Labor and Workforce Development or a joint labor-management cooperation committee (which includes a union representing any of the workers employed in a project) to bring a civil action on behalf of a worker on public works projects owed unpaid wages. (See N.J.S.A. 34:11-67.1.) The amendment is effective immediately. For more information, see the Governor's press release and signing statement.

April 1, 2024: In Aztec Mun. Schools v. Cardenas, the New Mexico Supreme Court held that provisions in the Workers' Compensation Act imposing a compensation limit on the duration of disability benefits for secondary mental impairments have the effect of treating workers with mental impairments differently than workers with physical impairments and therefore violate the equal protection clause of the New Mexico Constitution ( (N.M. Apr. 1, 2024) (declaring NMSA 1978, §§ 52-1-41(C) and 52-1-42(A)(4) unconstitutional)).

April 20, 2024: The New York State Legislature passed the 2024-2025 state budget. Governor Hochul signs S.B. 8306, which requires:

(See by Fisher Phillips.)

April 1, 2024: New York City's Mayor Adams and the Department of Consumer and Worker Protection (DCWP) announced an increase in the minimum pay rate of $ 19.56 for app-based delivery drivers (see by Jackson Lewis, P.C.).

March 20, 2024: In King v. Aramark Services, Inc., the Second Circuit held that the NYSHRL did not apply to discrimination and retaliation claims by a VA-based employee who sometimes worked from NY. Applying the "impact test," the court concluded that the statute did not apply where the "lion's share" of discriminatory conduct, including retaliatory termination, was directed at the employee in VA. Additionally, the statute's extra-territorial provision applies to claims by NY residents against NY corporations for conduct outside NY, not NY residents suing non-NY corporations for discrimination occurring outside NY. (, at *5-7 (2d Cir. Mar. 20, 2024).) For the court's treatment of Title VII claims, see Second Circuit.

March 14, 2024: In Syeed v. Bloomberg LP, the Court of Appeals of New York held that a nonresident applying for a position or promotion in New York state or NYC can demonstrate a sufficient impact within the jurisdiction to be covered by the anti-discrimination protections of the NYSHRL or the NYCHRL, respectfully ( (N.Y. March 14, 2024) (answering a certified question from the Second Circuit)). The court limited its holding to a nonresident applying for a position requiring the employee's physical presence within the state or city.

March 1, 2024: The New York Department of Consumer and Worker Protection (DCWP) published the Workers' Bill of Rights poster that was authorized by legislation that became effective in late 2023 (see Law Firm Publication by Jackson Lewis P.C.).

January 20, 2024: New York City enacted a law (Int. 0563-2022) creating a private right of action allowing employees to file lawsuits in court alleging violations of the NYC Earned Safe and Sick Time Act (ESSTA) within two years of learning of an alleged violation. The law takes effect March 20, 2024 (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

January 17, 2024: New York's Appellate Division, Second Department, held that "manual workers" under New York law do not have a private right of action to pursue alleged violations of the weekly frequency of pay requirement (Grant v. Glob. Aircraft Dispatch, Inc., (N.Y. App. Div. Jan. 17, 2024); N.Y. Lab. L. § 191(1)(a)). The Second and First Departments have reached contrary conclusions on this issue (see Vega v. CM & Assocs. Constr. Mgm't, LLC, 175 A.D.3d 1144 (2019) and by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.). New York Governor Hochul's proposal to include an amendment to New York law that could eliminate prospective pay frequency claims was rejected in the 2024-2025 budget approved on April 20, 2024 (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

January 5, 2024: The Second Circuit held that the NLRA does not preempt New York City's Wrongful Discharge Law (N.Y.C. Admin. Code §§ 20-1271-75). The court held that the law, which prohibits large fast-food chains in New York City from arbitrarily terminating and reducing the hours of fast-food workers and provides those workers with the option to arbitrate claims of alleged violations, sets minimum labor standards that regulate the substance, rather than the process, of collective bargaining negotiations. The court also held that the law is not unconstitutional under the dormant Commerce Clause because it applies to fast-food establishments based on the size of the chain, not based on whether the establishment engages in interstate commerce. The law does not operate to benefit in-state economic interests by burdening out-of-state competitors. The Wrongful Discharge Law took effect on July 4, 2021. (Rest. Law Ctr. v. City of N.Y., 90 F.4th 101 (2d Cir. 2024).)

March 20, 2024: Oregon's governor signed SB 1515, amending the state's leave law to provide that, effective July 1, 2024, employees can no longer use additional weeks of unpaid leave and, effective January 1, 2025, employees can use paid leave to effectuate the legal process for foster care placement or adoption.

January 12, 2024: The Oregon Employment Department (OED) issued new regulations clarifying its procedures and criteria for implementing Paid Leave Oregon. Among other things, the new regulations address verification procedures for taking safe time leave, factors relevant to determining status as "equivalent" to a family member, appeals procedures, and more (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

March 25, 2024: The Puerto Rico Secretary of Health issued Administrative Order No. 2024-589, declaring a public health emergency due to the prevalence of cases of dengue fever on the Island effective March 25, 2024, until June 23, 2024, unless its duration is extended. Employers are required to provide eligible non-exempt employees who have or are suspected of having dengue fever the five-day special emergency paid leave under Law No. 37-2020 (see by Jackson Lewis P.C.).

January 17, 2024: Puerto Rico Governor Pierluisi signed Act 27-2024 into law, which regulates remote employment and creates incentives for airlines to set their home bases in Puerto Rico (see by Jackson Lewis P.C.).

February 28, 2024: Utah Governor Spencer J. Cox signed H.B. 55 into law, which adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non-disparagement clauses regarding sexual assault or sexual harassment are against public policy, void, and unenforceable. H.B. 55 prohibits an employer from retaliating against an employee for refusing to enter into an agreement or employment contract that contains such a nondisclosure or non-disparagement clause and allows an employee three business days after agreeing to a settlement agreement that has one of these clauses to withdraw from the agreement. The law is retroactive to January 1, 2023, although employers are not required to notify employees who have signed agreements with clauses that are now invalidated. Employers who attempt to enforce an invalid nondisclosure or non-disparagement clause cannot recover monetary damages and will be liable for the employee's costs and attorneys' fees incurred as a result of the employer's legal action.

January 16, 2024: The Virginia Department of Labor and Industry announced that pursuant to Va. Code § 40.1-28.7:8, the term "low-wage employee" as applied to covenants not to compete has been calculated to include all employees who earn an average of less than $1,410 per week. As a result, employers are now prohibited from entering, enforcing, or threatening to enforce a non-compete agreement with an employee who earns less than $73,320 per year. The law does not apply to an employee whose earnings are derived, in whole or in predominant part, from commissions, incentives, or bonuses.

March 28, 2024: Governor Jay Inslee signed:

(See by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

March 28, 2024: Governor Jay Inslee signed Substitute SB 5793, which amends the state's paid sick leave law by expanding the allowable reasons for leave due to a school closure and expanding the definition of family member under the law (RCW 49.46.210, effective January 1, 2025) (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

March 13, 2024: Governor Jay Inslee signed SB 5979, which amends RCW 49.46.210 and limits the law's payout on termination requirement to workers directly engaged in construction work by performing "service, maintenance, or construction work on a jobsite, in the field or in a fabrication shop using tools of the worker’s trade or craft" (see by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.).

March 13, 2024: Washington's governor signed HB 5935, amending the state's existing non-compete statute effective June 6, 2024, including by limiting certain exceptions, setting a deadline for disclosing the terms of a non-compete to applicants, and eliminating a requirement that plaintiffs under the statute must be a party to the non-compete (see by Epstein Becker & Green).

February 27, 2024: The Washington State Employment Security Division (ESD) adopted rules that expands the information available to employers through the ESD employer portal about employee leave requests and approvals under the Washington Paid Family Medical Leave (PFML) program. Employers will now be able to view employee application dates, requested leave dates, leave type requested, and PFML leave decisions and approved dates. (See by Davis Wright Tremaine LLP.)

March 21, 2024: Wisconsin's governor signed AB 574, granting protections to employees who use earned wage access to receive their wages before the regular payday. The law takes effect September 1, 2024, and earned wage access service providers are subject to licensing requirements through the state's banking division.