Compliance Stuff

In 2025, California is continuing to spearhead efforts to expand employees’ rights. Assembly Bill 2499 (AB 2499), Assembly Bill 2123 (AB 2123), and Senate Bill 1090 (SB 1090) are prime examples of these efforts, providing employees with new and expanded benefits when going on leave. Whether they are caring for an ill family member or were a victim of an act of violence, employees in California are now entitled to more inclusive leave benefits as a result of these new laws. AB 2499 Enacted on September 29, 2024, AB 2499 was created to broaden the protections afforded to victims of violence. Before AB 2499, employees were only afforded protection from discrimination or retaliation for taking time off as a victim of crime or abuse. AB 2499 expands these protections, providing employees the additional benefit of taking time off to assist a family member in obtaining relief or caring for a family member who was a victim of certain qualifying acts. The type of time off is not limited strict...

America has made it across the finish line for the 47th time: Donald Trump has been elected the country's new president. The 2024 presidential election is set to have far-reaching implications for both employers and employees in the United States. For employers, a new president will directly impact labor laws and workplace regulations. For employees, the stakes are equally high; workers will likely see changes in wage standards, benefits, and job security. Here there are several areas related to labor and employment law where President-elect Trump may focus once he is sworn in, in January. Governing Philosophy While a president is responsible for implementing and enforcing laws passed by Congress, he also appoints a cabinet to head 15 federal agencies, which are responsible for the administration of federal laws. The president also appoints thousands of political appointees, most of whom do not require confirmation by any other branch of government. In short, the president has a l...

  New legislation goes into effect on January 1, 2025 eliminating employers’ ability to require employees to use accrued vacation leave before accessing California’s Paid Family Leave Program. You can read more about this change  here  from Jackson Lewis attorney  Angela S. Rho . On September 29, 2024, Governor Newsom signed  Assembly Bill (AB) 2123 , eliminating employer’s ability to require employees to use accrued vacation leave before accessing California’s Paid Family Leave Program (PFL). PFL is a state-run program providing benefits to individuals taking time off to care for a seriously ill child, spouse, parent, or domestic partner, bond with a new minor child, or assist military family members under active duty. Previously, employers could require employees to take up to 2 weeks of accrued vacation before employees could access PFL benefits. As of January 1, 2025, this requirement will no longer apply. For questions about AB 2123, contact a Jackson Lewis...

On Sept. 29, California Gov. Gavin Newsom signed into law  Assembly Bill 2123 . Beginning on Jan. 1, 2025, AB 2123 will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave (PFL) insurance benefits paid by the state (or by their employer, if the company has an approved voluntary plan that applies in lieu of the state program). AB 2123 represents the latest piecemeal change California has made to its PFL program in recent years, following prior amendments that have, for example, removed the ceiling on taxable wages for employee contribution purposes, increased the monetary benefits an individual might receive, extended the amount of time PFL benefits might be available from six to eight weeks, and expanded covered uses to include qualifying military exigencies. Why Require Two Weeks of Vacation Before an Employee Can Receive Benefits? For some employers—and the state—there c...

  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. Public comment is open through Sept. 30, 2024. Comments can be submitted  here . Maine DOL’s rulemaking follows the  Maine Legislature’s passage of the new law in 2023 . Employees can begin receiving paid leave benefits effective on May 1, 2026, and employer contributions to the plan funding those benefits begins on Jan. 1, 2025. The proposed rules provide greater detail as to how the DOL plans to implement and enforce the new program. Although they are substantially similar to the initial proposal, the revised rules contain a number of relatively minor changes and reorganizations and seven significant changes: Bona fide volunteers will be excluded from the program’s coverag e. Federal employees will be excluded from coverage. Previous...

 In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave . Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024). In this case, a group of state troopers sued the State Police, claiming the State Police’s policy of not providing for accrual of employee benefits, including vacation time and sick time, while the employees were on PFMLA leave violated the PFMLA . The SJC held that the State Police’s policy of not providing for accrual during the leave did not violate the PFMLA. The SJC noted the PFMLA states, “ An employee who has taken family or medical leave shall be restored to the employee’s previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority as of the date...