Welcome to this month’s edition of ModHR’s Employment Updates. In this update, we’ll explore the latest shifts in employment law.

Employee Handbook

Legal Updates

Hawaii Captive Audience Meetings Law Takes Effect

Approved on July 3, 2024, Hawaii’s captive audience meeting bill is now in effect. Under this new law, employers may no longer require employees to attend employer-sponsored meetings whose primary purpose is to communicate the employer's opinion concerning religious or political matters. Nor may employers punish them for refusing to attend such meetings.

Illinois Captive Audience Bill Signed

Illinois Governor Pritzker recently signed Senate Bill 3649, implementing additional political activity protections for employees. Effective January 1, 2025, employers may no longer require employees to attend employer-sponsored meetings whose primary purpose is to communicate the employer's opinion concerning religious or political matters. Nor may employers punish them for refusing to attend such meetings.  

Michigan Sick Leave Initiative Reinstated

On July 31, 2024, in Mothering Justice v. Attorney General, the Michigan supreme court ruled that the state legislature overstepped by amending the voter-adopted Earned Sick Time Act. The court reinstated the law as it was originally written. Beginning February 1, 2025, employers with at least one employee must provide paid sick leave to their employees. Employers with 10 or more employees must allow employees to accrue and use up to 72 hours of paid sick leave per year. Employers with less than 10 employees are unaffected by the change and must still allow employees to accrue and use up to 40 hours of leave per year.  

Minnesota Clarifies Interactions between Parental and Pregnancy Leave

As a part of SF 3852 Minnesota clarified that leave taken for prenatal medical care appointments does not count against leave available under the state's Parental Leave law. Employers are also required to maintain health benefits for employees using pregnancy and parental leave.  

New Hampshire Adopts the Crown Act

New Hampshire passed HB 1169 which protects employees from discrimination based on hairstyles and hair types traditionally associated with race. This includes protections for styles like braids, locs, curls, corn rows, Bantu knots, Afros, twists, and head wraps.  

New Hampshire Expands Emergency Leave for Volunteer Ambulance and Fire Department Members

New Hampshire passed HB 182 which requires that employers provide employees who are volunteer members of a fire or ambulance department with unpaid time to respond to an emergency that they witness or come across while on their way to work. Employees are also protected against discipline or discrimination for failing to report to work due to an emergency response.  

Rhode Island Schedules Increases to Temporary Caregiver Insurance Benefits

Rhode Island passed HB 7171 which schedules increases to Temporary Caregiver Insurance (TCI) benefits. Employees can currently receive up to 6 weeks of benefits in a year. Beginning January 1, 2025, TCI benefits will increase to 7 weeks per year. On January 1, 2026, TCI benefits will increase to up to 8 weeks per year.  

Hiring and Separation Docs

Legal Updates

Federal Non-Compete Rule Struck Down

On August 20, 2024, a Texas federal court struck down the FTC’s Rule banning non-compete agreements. Unless an appeal overturns that decision, employers no longer need to concern themselves with the Rule’s September 4 effective date and may continue to use non-competes as other state and federal laws allow. Read more about this decision and its implications in Six Fifty’s special update.

California: Los Angeles County Ban the Box Law Takes Effect

Effective September 3, 2024, employers in Los Angeles county with at least 5 employees may not ask about applicants’ criminal histories until after they have extended a job offer. Nor may employers ask about non-criminal incidents or anything in a criminal history over 7 years old. Employees in the county must also post a notice of the ordinance in a place where employees can see it and include language in all job postings that qualified applicants will be considered for employment despite arrest or conviction records.

Florida Minimum Wage Increases

Florida’s minimum wage will increase to $13 per hour on September 30, 2024, per the state constitution.

Illinois Artificial Intelligence Law Enacted

On August 9, 2024, Illinois Governor Pritzker signed H.B. 377, imposing new responsibilities on employers who use artificial intelligence to help make employment decisions. Beginning January 1, 2026, employers may not involve AI in employment decision-making if using the AI has the effect of discriminating against people of protected classes. Employers will also be required to provide notice to employees that artificial intelligence is used in the employer’s decision-making process.

Kentucky EEO Poster Updated

Kentucky updated its EEO poster. Employers should replace their existing notice.  

Maryland Wage Transparency Bill Signed

Beginning October 1, 2024, employers must disclose the wage range and a general description of benefits and other compensation in all job postings for positions that will be performed, at least in part, inside the state.  

Maryland Pay Stub Notice Requirements Take Effect

Effective October 1, 2024, SB 38 requires the notice that employers provide to new hires of their payment information to be written. The bill also requires employers to provide written notice of additional pay information every pay period on the employees’ pay stub, including rates of pay, any deductions made to their pay, and the employer’s name and address so they can be contacted if employees have questions.  

Massachusetts Wage Transparency Bill Signed

Last month, Massachusetts Governor Healy signed Bill H.4890, implementing new wage transparency requirements, which take effect on different dates depending on employer size. Beginning February 1, 2025, employers with 100 or more employees in Massachusetts must provide annual wage data reports to the State Secretary. Beginning July 31, 2025, employers with 25 or more employees in Massachusetts must provide wage ranges to applicants on all job postings, to employees who are offered a new position, and to both applicants and employees upon request.  

Michigan Minimum Wage Initiative Reinstated

On July 31, 2024, in Mothering Justice v. Attorney General, the Michigan supreme court ruled that the state legislature overstepped by amending the voter-adopted Improved Workforce Opportunity Wage Act. The court reinstated the law as it was originally written, increasing the state’s minimum wage. Under this decision, Michigan’s minimum wage will increase to $12 per hour beginning on February 21, 2025

Virginia Occupational Safety and Health Poster Updated

Virginia updated its Occupational Safety and Health poster. Employers should replace their existing notice.  

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