News

FTC Non-Compete Rule Blocked Nationwide - Employer Considerations

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. The court’s ruling bars the FTC from enforcing the Final Rule nationwide.

Form I-9 Updated with New Expiration Date

U.S. Citizenship and Immigration Services (USCIS) has updated the Form I-9 (I-9) to extend the expiration date from July 31, 2026 to May 31, 2027.

Federal Appeals Court Strikes Down Tipped Employee 80/20/30 Rule

On Aug. 23, 2024, a three-judge panel of the 5th United States Circuit Court Appeals unanimously struck down the 2021 Department of Labor Final Rule regarding tipped employees.

U.S. Supreme Court Overrules Chevron Doctrine - Potential Impact to Employers

On June 28, 2024, the United States Supreme Court issued a decision in Loper Bright Enterprises et al. v. Raimondo (Loper Bright) which overturned the long-standing precedent of Chevron USA Inc. v. NRDC. The Chevron case established the so-called Chevron Doctrine which stated that judicial deference should be afforded to federal agency determinations in interpreting statutes where legislation may be ambiguous or subject to interpretation.

DOL Overtime Rule Temporarily Blocked for State of Texas Government Employees

Late on June 28, 2024, Judge Sean D. Jordan of the United States District Court for the Eastern District of Texas, temporarily blocked the United States Department of Labor (DOL) overtime exemption rule set to take effect July 1, 2024 – but only for government employees working for the state of Texas. As a result, the overtime exemption rule for all other FLSA covered employers will take effect as scheduled on July 1, 2024.

Basic Employment Policies Updated

The ADP TotalSource® Basic Employment Policies document has been updated to include new policies or revisions to existing policies.

DOL Releases Final Overtime Exemptions Rule

On April 23, 2024, the United States Wage and Hour Division of the Department of Labor (DOL), released a final rule which updates and revises the provisions of the Fair Labor Standards Act (FLSA) exempting executive, administrative, and professional employees from minimum wage and overtime requirements. The final rule is effective July 1, 2024.

OSHA Clarifies Rights to Employee Representation During Inspections

The U.S. Occupational Safety and Health Administration (OSHA) has published a final rule clarifying the rights of employees to authorize a representative to accompany OSHA compliance officers during an inspection of their workplace. The rule takes effect May 31, 2024.

EEOC Releases Final Rule on Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule that implements the federal Pregnant Workers Fairness Act (PWFA). The final rule takes effect June 18, 2024.

Automatic Extension of Employment Authorization Temporarily Expanded

The U.S. Department of Homeland Security has published a rule that temporarily increases the automatic extension period of employment authorization and/or Employment Authorization Document (Form I-766 or EAD) validity from up to 180 days to up to 540 days.

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Regional Alerts

Compliance-Corner-, State-Compliance-Update, Washington,-D.C.

The District of Columbia has enacted emergency legislation (B23-980) that requires employers to adopt certain worker protection policies and prohibits employers from retaliating against employees for certain COVID-19 related reasons.

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Compliance-Corner-, State-Compliance-Update, Utah-

Utah Governor Gary Herbert has issued Executive Order 75, which requires employers to follow certain COVID-19 related safety requirements for the duration of the public health emergency. The Order is effective immediately.

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Compliance-Corner-, State-Compliance-Update, Pennsylvania-

The City of Pittsburgh as well as Allegheny County, Pennsylvania both enacted legislation banning hairstyle discrimination, effective immediately. Below is an overview of both requirements.

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Compliance-Corner-, State-Compliance-Update, Pennsylvania-

The City of Philadelphia passed two ordinances related to paid sick leave. Ordinance 200306 amends the city's paid sick and safe time law (also known as the Promoting Healthy Families and Workplaces Ordinance (PHFWO)). Ordinance 200303 requires new public health emergency leave (PHEL) for ...

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Compliance-Corner-, State-Compliance-Update, Maryland-

Montgomery County, Maryland has enacted legislation (Bill 35-20) that amends the county's law governing criminal history inquiries to cover more employers and establish greater restrictions. Bill 35-20 takes effect February 19, 2021.

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Compliance-Corner-, State-Compliance-Update, Minnesota-

Minnesota has approved a stimulus package that will provide relief payments to certain businesses impacted by the COVID-19 pandemic and the subsequent executive orders issued by the governor in response to it.

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Compliance-Corner-, State-Compliance-Update, Colorado

The Colorado Department of Labor and Employment (CDLE) has issued final rules addressing the state's new paid sick leave requirements under the Healthy Families and Workplaces Act of 2020 (HFWA).

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Compliance-Corner-, State-Compliance-Update, Colorado

Colorado's minimum wage will increase to $12.32 per hour on January 1, 2021. The change is a result of an annual adjustment for inflation.

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Compliance-Corner-, State-Compliance-Update, Colorado

Colorado has adopted final rules that clarify the notice requirements under two new laws related to COVID-19.

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Compliance-Corner-, State-Compliance-Update, Colorado

The Colorado Department of Labor and Employment (CDLE) has released a new Colorado Overtime and Minimum Pay Standards Order (COMPS Order #37) that clarifies and adjusts certain exemptions from the state's overtime requirements. COMPS Order #37 takes effect January 1, 2021.

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Compliance-Corner-, State-Compliance-Update, California

As previously communicated, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, a new pay data reporting requirement. Covered employers will have to provide California's DFEH with pay data by specified job categories and by race, ethnicity and sex. The ...

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Compliance-Corner-, State-Compliance-Update, California

The Department of Industrial Relations (DIR) has adopted emergency rules related to protecting workers from COVID-19, including a requirement for employers to adopt a written prevention program. The emergency rules take effect immediately.

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