Compliance Stuff

This month’s  Friday Five  covers recent decisions on credibility pertaining to long COVID symptoms, weighing of disability evidence, overpayment accounting, preemption of state law claims, and a motion to compel discovery on financial incentives and other information. District of Vermont grants insurer’s motion for judgment on the record in long COVID case finding the plaintiff was not credible.   Plaintiff was terminated from his engineering position because “his engagement ended with his client.”   He submitted a claim for short-term disability (“STD”) and long-term disability (“LTD”) benefits, alleging inability to work due to symptoms of long COVID that pre-dated his termination .  The District of Vermont did not reach the question of whether the  de novo  or arbitrary and capricious standard applied because it found the plaintiff’s claim did not survive even under the broader  de novo  standard, due in part to the plaintiff’s lack ...

As employers move into the second half of 2025, pay transparency continues to expand across the states. And, perhaps, enforcement is starting to keep pace with legislative activity. Quick Hits Multistate employers may want to review their pay transparency compliance requirements as they move into the second half of 2025 since such laws are being actively enforced in states like New Jersey and Illinois. Colorado’s rigorous enforcement of pay transparency laws has resulted in significant fines for employers, highlighting the importance of including accurate compensation information and meeting all posting requirements. New pay transparency laws in Massachusetts, Vermont, and Cleveland, Ohio, will take effect in late 2025, mandating salary disclosures in job postings and imposing penalties for noncompliance. New Jersey and Illinois Begin Enforcement: Key Coverage Clarifications Notably, both the New Jersey Department of Labor and Workforce Development and the Illinois Department of Labor ...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Vermont Bill / Ordinance / Regulation Main Topic Summary Effective Date Vermont HB 259   Healthcare Requires hospitals to develop a security plan to prevent workplace violence, and to conduct a security risk assessment and staff training. 7/1/2025 Vermont HB 461   Leaves of Absence Expands access to unpaid family and medical leave and provides job-protected leave for reasons related to domestic violence, bereavement, and a qualifying exigency.   7/1/2025 Vermont HB 704 Wage Transparency Requires employers to include a job description and the compensation in each job advertisement. 7/1/2025 Vermont SB 117 Wage and Hour Clarifies how the minimum wage is calculated and the employer penalty amount for unpaid wages. 7/1/2025 Vermont SB ...

Vermont Governor Phil Scott has signed  legislation  extending the protections of the state’s unpaid family leave law. The expansion extends safe leave, bereavement leave, and qualifying exigency leave to employees of employers with ten or more employees. The law also broadens the definition of “family member” found in the law. The amendments will become effective on July 1, 2025. Vermont’s existing family leave law allowed for covered employees to take up to 12 weeks of leave related to their own serious illness or that of their child, stepchild, ward, foster child, party to a civil union, parent, spouse, or parent of the worker’s spouse. The expansion of the definition of “family member” extends this benefit to qualifying events related to the employee’s spouse or civil union or domestic partner, biological, adopted, or foster child, stepchild or legal ward, a child of the employee’s spouse or domestic partner, a legal guardian of the employee or the employee’s spouse, or a...

A number of employment-related laws recently passed in various states that impact the workplace will take effect on July 1, 2025. Quick Hits New state laws will impact minimum wage, leaves of absence, restrictive covenants, child labor, and other workplace issues. These laws will take effect on July 1, 2025. Here is a roundup briefly summarizing the new state laws: Alaska Ballot Measure 1  increases the minimum wage to $13.00 per hour , establishes paid sick leave, and prohibits employers from holding mandatory meetings to share political or religious opinions. Employers will be required to provide one hour of paid sick leave per thirty hours worked. In California, Los Angeles County passed a  Fair Workweek Ordinance , which includes predictive scheduling provisions. It requires employers to provide advance notice of schedule changes, premium pay for schedule changes, and rest time between shifts. It applies to retail businesses that have at least 300 employees worldwide. In a...