News & Analysis as of

New Guidance State Labor Laws

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

California CRD Publishes Notice and FAQs on Rights for Violence Survivors and Family Members

On July 1, 2025, the California Civil Rights Department (CRD) published a “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” notice. The CRD also published guidance in the form of...more

Kohrman Jackson & Krantz LLP

DOL Scales Back Enforcement of Independent Contractor Rule: What Employers Should Know

The U.S. Department of Labor (DOL) has announced a significant shift in how it will approach enforcement of independent contractor classifications under the Fair Labor Standards Act (FLSA). While the 2024 rule issued under...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

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Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Morgan Lewis

New York’s DOL Publishes New Guidance, FAQs on Retail Workers Safety Act

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Just days before the Retail Worker Safety Act took effect on June 2, 2025, the New York State Department of Labor issued guidance, model training, and a sample policy to assist covered employers with compliance. The act,...more

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

New York State Releases Guidance on Retail Worker Safety Act

The New York Retail Worker Safety Act is now in effect as of June 2, 2025. Following months of anticipation and planning, covered employers in New York State will now have to comply with the act’s workplace violence...more

Jackson Lewis P.C.

NYSDOL’s Model Guidance for Workplace Safety + Violence Prevention Gives Retailers a Starting Point

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The New York State Department of Labor (NYSDOL) has launched the much anticipated guidance website on the New York Retail Worker Safety Act (RWSA). The guidance answers retail employers’ questions regarding implementation of...more

Seyfarth Shaw LLP

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

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A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May...more

Conn Maciel Carey LLP

New York DOL Releases Guidance on the Retail Worker Safety Act

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On May 29, 2025, the New York State Department of Labor (NYDOL) published Frequently Asked Questions (FAQs), a template retail workplace violence prevention policy, and model training materials regarding the Retail Worker...more

Saiber LLC

NJ DOL Proposes New Rules Clarifying the ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations aimed at clarifying how employers should apply the “ABC test” to determine whether a worker is properly classified as...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

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On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Whiteford

Employment Law Update: May Day! The Department of Labor Pauses Enforcement of the Controversial Independent Contractor Rule

Whiteford on

In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on May 1st that it will no longer enforce the 2024 independent...more

K&L Gates LLP

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

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On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of...more

Cole Schotz

New Jersey Issues New Guidance Concerning AI in the Workplace

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Early this year, the New Jersey Office of the Attorney General and Division on Civil Rights (the “DCR”) issued new guidance (the “Guidance”) addressing how the New Jersey Law Against Discrimination (the “LAD”) applies to...more

Conn Maciel Carey LLP

Nevada OSHA Adopts New Heat-Illness Prevention Regulation: What Employers Need to Know

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As previously reported, on November 15, 2024, Nevada adopted heat illness prevention regulation R131-24AP, aiming to protect workers from heat-related hazards in both indoor and outdoor environments. Nevada OSHA has since...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

Goodwin

A Coalition of State Attorneys General Issues DEI Guidance in Response to Executive Order

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On February 13, 2025, a coalition of 16 state attorneys general issued Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives (the “Multi-State AG Guidance”). The Multi-State AG...more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

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Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

Jackson Lewis P.C.

Cal/OSHA Provides Guidance for Managing Post-Fire Cleanup Efforts

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In light of the ongoing and devastating fires in Los Angeles County, Cal/OSHA released new guidance to ensure the safety and health of workers involved in fire damage cleanup. Of note, Cal/OSHA’s standards may apply to some...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

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As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

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

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

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2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

BakerHostetler

UPDATE: January 1, 2025 Due Date: New York Employers Should Prepare Now for the New Paid Prenatal Leave Law

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Soon after we hit “publish” on our blog post about New York’s paid prenatal leave law, the New York State Department of Labor (NYSDOL) posted the guidance we have all been waiting for. In a series of frequently asked...more

Perkins Coie

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

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On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

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