Employment & Labor (U.S.)

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On January 15, 2025, the U.S. Supreme Court overturned the Fourth Circuit’s decision in E.M.D. Sale, Inc. v. Carrera, and ruled that the “preponderance of evidence” standard, and not the higher “clear and convincing evidence” standard favored by the Fourth Circuit, is the correct burden of proof in cases involving whether an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). This decision has a notable impact for employers defending misclassification claims brought under the FLSA and resolves a split in the circuits on this issue.Continue Reading U.S. Supreme Court resolves circuit split on burden of proof dispute for FLSA exemptions

On January 8, 2025, California received a Major Disaster Declaration for the ongoing Southern California wildfires. As the devastating wildfires continue to rage across the Los Angeles area, employers may be wondering how they can support their Southern California workforces while remaining compliant with employment laws. Employers must consider a host of factors, including compliance with tax regulations and wage and hour laws, worker safety, leaves of absence, and worksite closures.

Below are some key tips for businesses with a Southern California presence to consider as they navigate the challenging weeks and months ahead.Continue Reading How U.S. employers can support their workforces during the Southern California wildfires

While the end of a calendar quarter is a good time to review your business’s HR-related practices and procedures, the start of Q1 seems to be particularly popular. With that in mind, we have compiled the following checklist of potential action items for U.S. employers in Q1 2025:

Vet onboarding paperwork and procedures

Federal law, and in many areas state and local law as well, require that businesses provide new employees, including remote hires, with certain written notices and other materials upon hire. Many businesses also require new hires to sign additional documentation outlining the terms and conditions of employment. To that end, now is a good time to ensure that all new hires are:

  • Receiving any notices required by applicable law. This includes, for instance, any wage-related notices that identify whether the employee will be classified as exempt or non-exempt from overtime pay.
  • Signing any required offer letters, restrictive covenant/confidentiality/works for hire agreements, arbitration agreements, and/or other documents delineating the terms and conditions of employment.
  • Completing any required immigration and tax forms.

Employers should also confirm whether there have been changes to any applicable state and/or local laws relating to the hiring and onboarding process.Continue Reading HR checklist for U.S. employers to consider in 2025

As New York employers look toward 2025, they should keep the following key dates in mind as it pertains to employee leave and benefit entitlements:

January 1, 2025:

  • New York employers will be required to provide up to 20 hours of paid prenatal leave to pregnant employees during any 52-week period. Such leave may
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Workers’ compensation claims are typically an issue about which employers think only in the context of physical workplace injuries. In New York State, however, that may soon be poised to change. On January 1, 2025, the states Workers’ Compensation Law will permit all workers to file claims for mental injury premised upon extraordinary work-related stress. Governor Hochul signed the amendment under A5745 (the Amendment) reiterating New York state’s ongoing effort to support mental health in the workplace.Continue Reading New York amends workers’ compensation law to include mental injury

On November 16, 2024, the New York Clean Slate Act went into effect. The Act provides for the automatic sealing of a broad swath of criminal convictions after a certain period of time and requires employers to comply with new disclosure obligations when obtaining criminal history information in connection with employment actions.

Sealed convictions

The Act requires the New York State Unified Court System to seal certain criminal convictions no later than November 16, 2027. These include misdemeanor and felony convictions under New York penal law (not federal law), which must be sealed three years and eight years, respectively, after a defendant’s release from incarceration or imposition of sentencing, whichever is later. 

Automatic sealing does not apply to any convictions for sex offenses or non-drug related Class A felony offenses. In addition, records cannot be sealed where a defendant has a subsequent criminal charge pending in New York or any other jurisdiction (with limited exceptions to out-of-state pending charges), or where the defendant is on parole or probation.Continue Reading New York Clean Slate Act and sealed convictions: what employers should know

As we previously reported, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of paid prenatal leave. Employees will be able to take such leave for prenatal healthcare service appointments during their pregnancy or related to their pregnancy.

New York State recently issued FAQ guidance explaining certain aspects of the new law. The guidance, among other things, clarifies that:Continue Reading New York issues FAQ guidance on upcoming paid prenatal leave

California voters have rejected a ballot measure that would have increased the state’s minimum wage to $18 on January 1, 2025. Defeated by a narrow margin of 50.82 percent to 49.18 percent, Proposition 32 would have made California the first state in the Union to have an $18 minimum wage. The California Chamber of Commerce and California Restaurant Association praised the outcome as a win for businesses and consumers who have seen costs rise in recent years.Continue Reading California voters vote no on $18 minimum wage

New Jersey employers will soon have to adjust their recruitment practices with the recent passage and enactment of Senate Bill 2310 (SB2310). On Monday, November 19, 2024, New Jersey Governor Phil Murphy signed the new legislation that will require employers to disclose compensation and benefits information on job postings.

Starting June 1, 2025, the law will require employers with 10 or more employees in the Garden State to do two things:

  1. First, Employers must disclose “the hourly wage or salary, or range of hourly wage or salary” as well as a “general description of benefits and other compensation programs for which the employee would be eligible” in every job posting. The statute expressly allows employers to increase the wages, benefits, and compensation from what was listed in the posting at the time of an offer.  The law is silent on whether the wages and benefits can be adjusted downward, suggesting that only increases from the posted amounts are permissible.
  2. Second, Employers must “make reasonable efforts” to formally post opportunities for promotion prior to making a decision. Notably, however, any promotions based on “years of experience or performance” are exempted, as well as promotions made on an emergent basis due to an unforeseen event.

Continue Reading New Jersey joins the wage transparency trend

On November 15, 2024, a United States Eastern District Court in Texas struck down a 2024 Department of Labor (DOL) rule that would have made four million previously exempt workers eligible for overtime by 2025. In an action brought by the State of Texas and a coalition of business associations, the court held that the DOL exceeded its statutory authority under the Fair Labor Standards Act of 1938 (FLSA) by effectively reclassifying these employees as non-exempt based on their salaries without considering their job duties.  

The FLSA requires payment of overtime to employees working more than forty hours in a week but exempts certain executive, administrative, and professional employees. Under the FLSA, the DOL must periodically define and delimit which workers fall under these exemptions. In 1940 the DOL introduced a three-part test, which is still in place today, to determine whether an employee is overtime exempt: (1) the employee must be paid a predetermined, fixed salary; (2) the salary must be at a weekly rate above a minimum threshold set by the DOL; and (3) the employee must have executive, administrative, or professional job duties. The 2024 rule scheduled three increases to the minimum salary threshold, which previously was $684 per week: $844 on July 1, 2024; $1,128 on January 1, 2025; and automatic increases every three years starting in July 2027.Continue Reading Texas District Court vacates DOL rule expanding overtime eligibility