May 2024

 

News

Minnesota’s New Cannabis Law Includes Off-Duty Protections

Minnesota has enacted legislation (House File 100) that permits recreational cannabis use among adults age 21 and older beginning August 1, 2023. The law includes protections for off-duty cannabis use.

New Jersey Strengthens Unemployment Laws

New Jersey has enacted several laws that impact unemployment processes by adding employer requirements and employee protections during labor disputes.

New York - New York City Establishes Minimum Wage for App

On June 12, 2023, the New York City Department of Consumer and Worker Protection (DCWP) released the final rule  regarding the required minimum wage for app-based restaurant delivery workers.  The rule goes into effect with the first pay period on or after July 12, 2023.

New York - NYC Prohibits Height and Weight Discrimination

New York City has enacted a law (Intro. 209-A) that prohibits employers from discriminating on the basis of an individual’s height or weight. Intro. 209-A takes effect on November 22, 2023.

North Dakota Strengthens Pregnancy Protections

The North Dakota Human Rights Act prohibits employers of all sizes from failing or refusing to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability because that individual is pregnant. 

North Dakota has enacted House Bill 1450, which takes effect August 1, 2023 and clarifies that “pregnant” includes pregnancy, childbirth and related medical conditions.

Texas Bans Hairstyle Discrimination

Texas has enacted legislation (House Bill 567), which expressly prohibits discrimination against individuals based on traits associated with race, such as hair texture and hairstyles like braids, locs, and twists. House Bill 567 takes effect September 1, 2023.

Washington - WA Employers May Not Rely on Off-Duty Use of Marijuana in Hiring Decisions

Washington has enacted legislation (Senate Bill 5123), which prohibits employers from making a hiring decision based on an individual’s off-duty use of cannabis or certain positive pre-employment drug test results. Senate Bill 5123 takes effect on January 1, 2024.

Washington Prohibits Employers from Searching Employee Vehicles

Washington has enacted legislation (House Bill 1491), which prohibits an employer from searching an employee’s privately owned vehicle. House Bill 1491 takes effect on July 23, 2023.

DOL Releases Updated FLSA and FMLA Posters

The United States Department of Labor (DOL) has released updated posters regarding the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA), which must be posted in a conspicuous location in the workplace where employees can read them. 

The Secure Act of 2022 – Impact to Long-Term Part-Time Employees

When the Consolidated Appropriations Act of 2023 was signed into law late last year, it included a number of provisions affecting retirement savings plans. These provisions, collectively referred to as SECURE 2.0, offer many new benefits to employers and employees that are designed to make it more attractive for employers to offer retirement plans and to improve retirement outcomes for employees.  The focus of this update is on provisions affecting long-term part-time employees’ eligibility to participate in 401(k) and 403(b) plans.   Under SECURE 1.0, long-term part-time employees could participate in 401(k) retirement plans if they completed 1,000 hours of service within one year or 500 hours in each of three consecutive years for the 2024 plan year.   SECURE 2.0 changes the eligibility requirements to be considered a long-term, part-time employee from three consecutive years to two consecutive years for employees hired in 2023 or later.  SECURE 2.0 applies to 401(k) and 403(b) plans.
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