News & Analysis as of

Proposed Rules State Labor Laws

Clark Hill PLC

New Jersey’s proposed Independent Contractor "ABC" Test – easy as 1, 2, 3?

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On April 3, the New Jersey Department of Labor and Workforce Development proposed new rules under the New Jersey Administrative Code (“N.J.A.C.”) Section 12:11, which are designed to clarify the application of the “ABC test.”...more

Conn Maciel Carey LLP

Illinois’ Proposed Workplace Extreme Temperature Safety Act: Key Provisions and Status Update

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The trend of states proposing or adopting heat illness prevention standards continues, with Illinois attempting to become the first Fed/OSHA state (for private employers) with a general industry standard. The proposed...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

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The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

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We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

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As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Marshall Dennehey

New Jersey Proposes Bills to Protect Workers from Heat-Related Illnesses and Injuries

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In the absence of a heat stress standard by the Occupational Safety and Health Administration (OSHA), New Jersey is seeking to adopt one for the protection of workers against heat-related illnesses. Bill A-5022, which...more

Jackson Lewis P.C.

New Dates Announced for Maryland’s Delayed FAMLI Program

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The Maryland General Assembly passed a final bill on Apr. 7, 2025, postponing the implementation dates for Maryland’s Family and Medical Leave Insurance (FAMLI) program. The governor is expected to approve the bill soon,...more

Conn Maciel Carey LLP

[Webinar] Federal and State OSHA Heat Illness Prevention (OSHA & Cal/OSHA) - April 24th, 10:00 am PT

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As temperatures begin to rise, now is the time to remind employees about the importance of heat illness prevention. Although FedOSHA made tremendous efforts towards promulgating a heat illness prevention standard for both...more

Conn Maciel Carey LLP

New Mexico Becomes the Latest State to Propose Heat Illness Prevention Rule

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On March 13, 2025, the New Mexico Environment Department’s (NMED) Occupational Health and Safety Bureau (OHS Bureau) petitioned the state’s Environmental Improvement Board (EI Board) to adopt a proposed rule to address...more

Littler

The Heat Is On – New Mexico Proposes Heat Illness Prevention Rule

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The New Mexico Environment Department’s Occupational Health and Safety Bureau has proposed a Heat Illness and Injury Prevention (HIIP) rule with a contemplated effective date of July 1, 2025. If adopted, the HIIP rule will...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Department of Labor and Industry Proposes Rules on Statewide Earned Sick and Safe Time Law

The Minnesota Department of Labor and Industry (MNDOLI) recently issued proposed rules for governing Minnesota’s Earned Sick and Safe Time Law (ESST). The proposed rules are open for public comment through April 2, 2025....more

Jackson Lewis P.C.

Proposed Rules for Minnesota’s Earned Sick and Safe Time Law: Key Insights for Employers

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Over a year after Minnesota’s Earned Sick and Safe Time (ESST) law went into effect in January 2024, Minnesota’s Department of Labor and Industry (DLI) recently published proposed permanent rules (the Proposed Rules) that, if...more

Nilan Johnson Lewis PA

Pay Data Reporting – Off the Hook or Temporary Reprieve?

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In 2016, the EEOC announced big changes to EEO-1 reporting. The new initiative, led by Obama-era appointees, required employers to report an entirely new category of data covering pay and hours worked for the purpose of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York’s Paid Prenatal Leave: What NYC Employers Need to Know About the DCWP’s Proposed Amendments to the ESSTA Rules

On January 6, 2025, in the wake of the issuance of guidance by the New York State Department of Labor (NYSDOL) about the New York State Paid Prenatal Leave Law, which came into effect on January 1, 2025, the New York City...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maryland’s FAMLI Program, Part III: Claims and Dispute Resolution Proposed Regulations

Starting July 1, 2026, Maryland’s Family and Medical Leave Insurance (FAMLI) law will provide up to twelve weeks of paid family and medical leave, with the possibility of an additional twelve weeks of paid parental leave,...more

Seyfarth Shaw LLP

New Walkaround Rule Welcomes Unions into Private Workplaces

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The State of Washington is proposing a new workplace safety rule that allows employees to designate a non-employee third-party representative—including unrelated union activists—during workplace safety inspections conducted...more

Cozen O'Connor

FAR Council Withdraws Proposed Rule on Federal Contractor Pay Requests

Cozen O'Connor on

On January 8, 2025, the Federal Acquisition Regulatory (FAR) Council withdrew its Proposed Rule on Pay Equity and Transparency in Federal Contracting (the proposed rule), which was initially introduced in January 2024. This...more

DCI Consulting

FAR Council Withdraws Proposed Pay Transparency Rule

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On January 8, 2025, the Federal Acquisition Regulatory Council (“FAR Council”) published a notice in the Federal Register withdrawing last year’s Notice of Proposed Rulemaking (NPRM) titled “Pay Equity and Transparency in...more

MoFo Employment Law Commentary (ELC)

FAR Council Withdraws “Pay Equity and Transparency” Proposed Rule

On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more

Jackson Lewis P.C.

FAR Council Withdraws Proposed Federal Contractor Pay Transparency Rule

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Citing limited time in the remaining administration and desire to focus on “other priorities”, the Federal Acquisition Regulatory Council announced its withdrawal of the pending proposed rule requiring federal contractors...more

Jackson Lewis P.C.

Maine Paid Family and Medical Leave Program Update: Labor Department Releases Revised Proposed Rules

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The Maine Department of Labor (DOL) announced revised proposed rulemaking for the Maine Paid Family and Medical Leave Program. This comes on the heels of the first draft of proposed rules issued on May 20, 2024....more

Seyfarth Shaw LLP

California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations.

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Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by...more

Epstein Becker & Green

Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

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On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”...more

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