AAIM COMPLIANCE UPDATE – FEBRUARY 2024
2024 has barely begun and we’re already seeing rulemaking activity from the U.S. Department of Labor and various state agencies.
Federal Updates
- On January 11, the Office of Management & Budget (OMB) approved the Department of Labor’s proposed rules “Pay Equity and Transparency in Federal Contracting,” thus paving the way for the Federal Acquisition Regulation (FAR) Council to publish them. The proposed rule will contain requirements for federal contractors related to requesting applicants’ salary histories and requiring compensation disclosures in job announcements. The proposed rule is expected to be published in the Federal Register in February. Learn more about the proposed rule here.
- The Department of Labor (DOL) has issued guidance related to the PUMP Act to help employers in the retail and restaurant industry to help them comply with their obligation to provide reasonable break time and a private space other than a bathroom for a nursing mother to express breast milk. The DOL’s guidance comes in the form of a webinar, slides from the webinar, and FAQs. Learn more about this guidance here.
- The Department of Labor has issued its final rule defining Independent Contractors under the Fair Labor Standards Act. The guidance is similar to the IRS’ rules defining independent contractors in that they will look at such factors as the opportunity for the individual to suffer a profit or a loss; financial state and resources a worker has invested in the work; and degree of control an employer has over the individual’s work. The new rule becomes effective March 11, 2024. Learn more about the DOL’s definition of an independent contractor here and here.
- For employers that are not exempt from OSHA’s recordkeeping requirements, OSHA’s Form 300-A must be posted in each applicable facility from February 1 through April 30. Employers with 250+ employees or employers with 20-249 employees in certain industries must electronically submit information from their OSHA 300-A log from the previous year to OSHA by March 2. Beginning this year, any employer with 100+ employees in designated high-hazard industries must electronically submit to OSHA detailed information from the previous year’s OSHA 300 Log and Form 301 Incident Report by March 2.
- The final rules revising the salary basis test for exempt employees under the Fair Labor Standards Act are expected to be issued sometime in April. AAIM is working on guidance to help employers prepare for this change.
State Updates
Illinois
- Paid Leave for All Workers Act (PLFAWA) – As of January 1, posters must be posted; employers must decide how to manage this leave and communicate it to employees. Employees accruing leave must be able to use it by March 30, 2024. PLFAWA requires that:
- Employees accrue 1 hour of earned paid leave for every 40 hours worked, up to 40 hours during a 12-month period.
- The use of leave may be limited to 40 hours.
- Employees must allow employees to carry over up to 40 hours of unused paid leave.
- Employers may frontload the minimum number of hours in lieu of the accrual process and do not need to allow employees to carry over unused leave. They may instead require the employee to use all paid leave before the end of the benefit period or forfeit the unused leave.
- The 12-month period may be any consecutive 12-month period designated by the employer in writing at the time of hire.
- The IDOL provides FAQs to assist with compliance.
- Equal Pay Registration Certificate
- By March 24, 2024, private employers with 100 or more employees in the State of Illinois must obtain an Equal Pay Registration Certificate (EPRC) by providing certain pay, demographic, and other data to the Illinois Department of Labor (IDOL). This applies only to employers with 100 or more employees in Illinois AND that must file an EEO-1 with the Federal Equal Employment Opportunity Commission (or their holding company is required to file an EEO-1). FAQs on IDOL’s website provide additional guidance to private employers.
- Employee Blood & Donation Leave Act
- In addition to the leave rights guaranteed to employees for blood donation, the law now permits employees to use up to 10 days of leave in any 12-month period to serve as an organ donor.
- Personnel Records Review Act
- Requires employers with employees who do not report to the office regularly to provide work-related notices electronically—either by email or conspicuous posting on the employer’s website or intranet site. This applies to notices required by the Illinois Minimum Wage Law, Illinois Equal Pay Act of 2003, Illinois Wage Payment and Collection Act, and the Illinois Child Labor Law.
California
- California’s Paid Sick Leave Law (Healthy Workplaces, Healthy Families Act of 2014) has changed and generally requires employers to provide employees with five days or 40 hours of paid sick leave per year.
Colorado
- Pay Transparency Amendments to CO’s Equal Pay for Equal Work Act became effective on January 1, 2024. In summary, employers with at least one individual working from Colorado must:
- Make reasonable efforts to announce, post, or otherwise make known each job opportunity to all Colorado employees on the same calendar day and before the date on which the employer makes a selection decision.
- Job opportunities that are to be primarily performed in Colorado or that could be performed in Colorado (i.e., remote jobs) must also include information on compensation, benefits, and the application process.
Connecticut
- CT’s Workers’ Compensation law has been expanded to include coverage for work-related PTSD.
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