The Proposed Rule revises the standard for determining when a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).   Morgan Lewis:US Department of Labor Publishes Independent Contractor Proposed Rule

The Equal Employment Opportunity Commission (EEOC) has updated its “EEO is the Law” poster with a new “Know Your Rights” poster.  Employers are required to post the EEOC’s new poster in their premises in conspicuous places or digitally on their websites in a conspicuous location. Jackson Lewis:EEOC Rolls Out New Mandatory Workplace Poster

Employer obligations related to employee voting rights vary by state.  Employers should review existing policies and practices to ensure compliance with applicable laws and be prepared to address employee requests for time-off prior to Election Day.  Jackson Lewis:Election Day is Coming – A Reminder of Employer Obligations

Effective January 1, 2023, California employers with five or more employees are required to grant an eligible employee the opportunity to take up to five days of bereavement leave upon the death of a family member.  This bereavement leave is separate from the 12 weeks of leave permitted under the California Family Rights Act (CFRA). Littler:California Creates Bereavement Leave Requirement

On September 15, 2022, the US Department of Labor announced changes to OSHA’s Severe Violator Enforcement Program (SVEP) to strengthen and broaden the laws regarding employers who have repeatedly disregarded their workers’ health and safety and failed to correct them. US Department of Labor:OSHA National News Release

Effective Nov. 1, 2022, private sector employers in NYC will no longer be required to mandate COVID-19 vaccination as a condition of working in an NYC office. However, employers are permitted – but not required – to mandate vaccination if they choose to do so, subject to reasonable accommodation considerations for medical and religious objections. […]

On September 30, 2022, the minimum wage in Florida will increase from $10 per hour to $11 per hour. All Florida employers, regardless of size, must comply with the increase. In addition, Florida employers are also required to post a minimum wage notice in a conspicuous and accessible place in each location where employees perform […]

Beginning on January 1, 2023, California employers with 15 or more employees are required to include in any job posting the pay scale for a position. The new law also requires employers with 100 or more employees to provide additional detail in the annual pay data reports already mandated under California law. Morgan Lewis:California Law […]

The Oregon Employment Department (OED) has published its latest rules governing Oregon’s new Paid Family and Medical Leave Insurance (PFMLI) program. The PFMLI program will be funded by employer and employee contributions in the form of payroll deductions beginning January 1, 2023. Employees who are eligible for PFMLI benefits are entitled up to 12 weeks […]

Effective August 1, 2022, the New Jersey Division on Civil Rights adopted new and amended regulations regarding the display and distribution of posters required to be provided to employees by employers. Of particular note to employers are the requirements that apply to the Law Against Discrimination (LAD) and Family Leave Act (FLA) posters. Connell Foley:Division […]