October Legal Law

INFINITI HR is happy to provide Monthly State Labor Law Updates as a service to our subscribers. These briefs provide a general description and are not meant to be all-inclusive of compliance requirements. This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.

Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.

DISTRICT OF COLUMBIA: “Time Off to Vote” Notice Required

In the District of Columbia (DC), there’s required notice prior to an election day. Employers in DC must post a “Time Off to Vote” notice in visible workplace areas. Under this law, employees are eligible for up to two hours of paid leave to vote in any election where they are registered. Employees must submit requests for leave within a reasonable time before the election date.  

DC employers must post this time off to vote notice regarding paid voting leave in a conspicuous place at DC office locations.

FLORIDA: Stop Woke Act Update, Effective July 30, 2024

A federal judge permanently blocked the employment-related portions of the Florida Individual Freedom Act, better known as the “Stop WOKE Act.” Determined as unconstitutional, the judge overturned the law restricting how workplaces can discuss certain concepts related to race, color, national origin, or sex during required training. Employers should pause any compliance changes regarding these topics. 

MAINE: Paid Family and Medical Leave Law, Effective January 1, 2025

Maine’s new Paid Family and Medical Leave (PFML) law grants up to 12 weeks of paid leave for qualified reasons, starting January 2025. Employers should prepare to deduct contributions starting in January 2025, with wage replacement benefits becoming available in May 2026. 

• Employers with 15+ employees contribute 1% of wages, half of which can be deducted from employee wages.
• Employers with less than 15 employees contribute 0.5% and may deduct the full amount from employee wages.

Employers should register for Maine PFML and set up employee contributions on or by January 1 and display the required PFML poster prominently for employees. Employers are required to display the required poster in a place where all employees can access it. 

Employers are required to notify employees in writing of their rights under the law and must do so within 30 days from their date of hire. Employers must notify all existing employees prior to the January 1, 2025, deadline. 

MICHIGAN: Earned Sick Time Act, Effective February 21, 2025

Effective early next year, the Earned Sick Time Act (ESTA) will require nearly all Michigan employers to offer 72 hours of annual sick leave, with tiered payment structures based on company size. 

• Employers with fewer than 10 employees: at least 40 of 72 hours must be paid.
• Employers with 10+ employees: all 72 hours must be paid.
• Employers with 50 or more employees: ESTA replaces the Michigan Paid Medical Leave Act on February 21, 2025.

This law includes provisions for both personal and family-related medical leave, as well as preventive care. Employers should develop compliant policies and communicate these changes to employees before the effective date.

Beginning February 21, 2025, employees will begin to accrue ESTA. Employees will accrue one hour for every 30 hours worked or the employer may choose to front-load the ESTA at the start of the plan year.

Employers should create a sick leave policy or update their existing policy to ensure the terms of the leave align with the law. 

NEW HAMPSHIRE: Emergency Responders Leave Update

New Hampshire has expanded protections under the Emergency Responders Leave law to prohibit discrimination and retaliation against employees who volunteer in emergencies. This change impacts employees serving as volunteer emergency responders, such as firefighters or EMTs, allowing them unpaid leave during qualified emergencies. Learn more about this amendment.

Under the law, an employee who serves as a “volunteer member,” such as a firefighter, rescue squad, or emergency medical technician who responds to a qualified emergency, will receive unpaid leave during the extent of the emergency response. A “qualified emergency” is defined as a state of emergency declared by the President or Governor or a response to an emergency alarm.

Employers are now prohibited from discharging or taking any other disciplinary or adverse action against an employee for failure to report to work due to the need to respond to a qualified emergency.

FEDERAL

Non-Compete Ban: 

The Federal Trade Commission (FTC) non-compete ban, initially set to take effect in September, has been paused following a recent court decision. Employers should continue to follow state-specific non-compete regulations and stay updated on potential appeals.

Employers DO NOT:

• need to send out the nonenforcement of non-compete notices previously required under the new rule.
• need to remove non-compete language from company materials, including handbooks, offer letters, new hire paperwork, onboarding and training materials, etc.

Tip Credit Rule Change

The DOL’s 2021 rule on tip credits has been struck down, allowing tipped employees to be paid at the lower tipped rate even when not performing tip-generating work, provided total hourly pay meets or exceeds the applicable minimum wage. 

Going forward, all hours a tipped employee works may be paid at the lower tipped employee minimum wage rate, as long as tips bring the total hourly rate above the minimum wage for the state in which the employee works. Please keep in mind that not all states allow tip credits.

Interested in other current employment trends? Click the link to view the recent blog: Labor Laws for September 2024 or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to these topics, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.