On May 27, 2025, Philadelphia enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), amending Title 9 of The Philadelphia Code as it pertains to the following sections: “Promoting Healthy Families and Workplaces,” “Wage Theft Complaints,” “Protections for Domestic Workers,” “Protecting Victims of Retaliation,” and “Enforcement of Worker Protection Ordinances.”

Amendments to Chapter 9-4100 Promoting Healthy Families and Workplaces

The definition of who may file a wage theft complaint has been broadened. Now, any “employee” (including independent contractors misclassified as such) who performs work in Philadelphia is explicitly authorized to file a complaint for unpaid wages, regardless of immigration status. Additionally, the Office of Worker Protections (OWP), as opposed to just the offices the Mayor designates, may now initiate investigations based on information, even if a formal complaint has not yet been filed—allowing the City to proactively enforce the law in high-risk industries.

The POWER Act also changes the calculation for Paid Sick Time (PSL) for tipped employees (i.e., employees who customarily and regularly receive more than fifty dollars ($50) a month in tips from the same employment). Paid sick time means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns from the employee’s employment at the time the employee uses the paid sick time and is provided by an employer to an employee. Under the Act’s new calculation method for tipped employees, the hourly rate of pay shall be the numerical average of the hourly wage for “Bartenders,” Waiters & Waitresses,” and “Dining Room & Cafeteria Attendants & Bartender Helpers,” as published by the Pennsylvania Department of Labor and Industry.

Amendments to Chapter 9-4300 Wage Theft Complaints

The original chapter—enacted in 2020—established protections for domestic workers, including mandatory contracts, rest breaks, and anti-retaliation provisions. The POWER Act strengthens those rights by incorporating them into the city’s broader labor enforcement framework. As with the amendments to the wage theft portions of the law, the Act empowers the OWP to actively investigate complaints and impose penalties against employers who violate domestic workers’ rights.

Amendments to Chapter 9-4500 Protections for Domestic Workers

The OWP also aligns domestic workers’ sick leave rights with the city’s paid sick leave (“PSL”) ordinance, ensuring they now accrue and use paid time off, with a centralized portable benefits system to be developed, regardless of how many employers they work for. The Act further clarifies that live-in domestic workers are fully entitled to these PSL benefits, including protections against retaliation, wage theft, and coercion. Finally, employers must provide written contracts outlining leave time.

Enhanced Anti-Retaliation Provisions

The POWER Act reinforces protections against retaliation for workers who assert their rights under Title 9. Additionally, the Act prohibits employers from retaliating against employees for exercising their rights to use sick time and specifies that employers may not consider paid sick leave covered absences as part of any absence control or disciplinary action.  It also places a rebuttable presumption of unlawful retaliation on any employer in certain circumstances.

Notice & Retention of Employer Records Obligations:

Employers are required to provide a written notice of rights to employees, including leave entitlements. Employers must also create and maintain contemporaneous records for a period of three years regarding the hours worked by an employee, including dates, and hours of sick time taken by an employee and payments made to an employee for the sick time.

Penalties:

If the OWP determines that an employer has violated the Act, the agency can seek civil penalties.  The OWP also provides for the recovery of liquidated damages and other consequences for repeated violations.

Employers are reminded to review their policies for compliance with these latest legislative updates. Please contact a Jackson Lewis attorney if you have any questions about these developments or how they impact your current policies and practices.

On May 19, 2025, Iowa Governor Kim Reynolds signed House File 248, which requires employers to treat adoptive parents the same as biological parents under certain circumstances.  Specifically, if an employee adopts a child up to six years of age, an employer must treat the employee “in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.”

The law defines adoption as the “permanent placement in this state of a child by the Department of Health and Human Services, by a licensed agency under chapter 238 [child-placing agencies], by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.”

The law does not require employers to provide disability leave to an employee without a qualifying disability under an employer’s disability policies.  However, Iowa employers should review any policies or benefits geared toward new parents to ensure compliance with the law.

The law will take effect on July 1, 2025, as Iowa Code § 91A.5B and it will be enforced by the Iowa Department of Inspections Appeals and Licensing. 

Washington has amended its Paid Family and Medical Leave (PFML) program by making several key changes.

In a significant departure from the former landscape, the amendments extend job restoration rights to employees of smaller employers than previously. Before amendment, the law did not provide for job restoration rights to employees who work for an employer with fewer than 50 employees in Washington. That number is now reduced to 25 employees from January 1 to December 31, 2026; to 15 employees from January 1 to December 31, 2027; and to eight employees from January 1 to December 21, 2028. This job restoration right will apply to any employee who has worked for an employer for at least 180 calendar days before taking leave.

The amendment also allows employers to prevent stacking of certain employment protection rights by extending employment protection in the PFML program to periods of unpaid leave protected by the Federal Family and Medical Leave Act, so long as the employer provides certain notices to the employee, and providing that employment protection expires after certain periods.

Additionally, there is an expansion to health care coverage protection during any period in which an employee receives PFML benefits and is also entitled to employment protection.

Finally, small employers will have access to grants to offset the costs of employees’ use of leave in PFML.

The amendments become effective January 1, 2026.

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 person to whom the employee stands (or stands for the employee) in loco parentis or stood in loco parentis prior to the person turning 18, regardless of legal documentation. The law also covers any individual for whom the employee provides caregiving responsibilities similar to those of a parent-child relationship as well as grandparents, grandchildren, or siblings of the employee or the employee’s spouse.

The amendment introduces to Vermont law a new entitlement to “safe leave.” Safe leave refers to a leave of absence from employment because the employee or employee’s family member is a victim or alleged victim of domestic violence, sexual assault, or stalking and the employee is using the leave to seek or obtain medical care, counseling, or social or legal services, to recover from injuries, to participate in safety planning, to relocate or secure safe housing, to respond to a fatality or near fatality related to domestic violence, sexual assault, or stalking, or to meet with a state’s attorney or law enforcement officer. The law allows covered Vermont employees to utilize their 12 weeks of family leave for any of these events.

Qualifying exigency leave will be available to employees when the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active-duty status in the U.S. military including the National Guard and Reserves. Qualifying exigency leave allows for employees to access the 12 weeks of leave available under the act.

In addition to safe and qualifying exigency leave, the law introduces a bereavement leave entitlement to the act. While bereavement leave counts against an employee’s overall 12-week entitlement, Vermont employees taking bereavement leave under the act will be limited to taking leave for not more than five workdays taken consecutively within one year of the family member’s death. Bereavement leave will be available due to the death of the individual’s “family member” as defined in the new law and includes leave taken in relation to the administration or settlement of the deceased family member’s estate.

If you have any questions about the amendments to the Vermont Family Leave law please contact a Jackson Lewis attorney.

On June 4, 2025, Nebraska Governor Jim Pillen signed LB415, which amends the Nebraska Healthy Workplaces and Families Act (“HWFA”). Initially passed via ballot initiative in November 2024, the HWFA mandates paid sick leave for most employers and employees in the state—40 hours per year for employers with between 11 and 19 employees, and 56 hours per year for employers with 20 or more employees. 

LB415 was an effort by the Nebraska Unicameral to provide some clarity to certain portions of the HWFA, though many issues relating to enforcement and compliance are still uncertain. Some of the key changes to the HWFA are outlined below.

Changes to the Scope of Coverage: As originally written, the HWFA excluded individuals who work in Nebraska for fewer than 80 hours in a calendar year, as well as employees who are subject to the federal Railroad Unemployment Insurance Act.  As amended, the law will also exclude individual owner-operators, independent contractors, individuals who are employed in agricultural employment of a seasonal or other temporary nature, and individuals under 16 years of age.

Rather than accruing paid sick time from the commencement of employment, covered employees will begin accruing paid sick time after 80 hours of consecutive employment in Nebraska.

The amendments also slightly limit employer coverage under the HWFA.  As amended, the definition of “employer” excludes employers with 10 or fewer employees.

Existing Policies: LB415 provides that employers with paid leave policies that meet or exceed the requirements of the HWFA (meaning the 40 hours per year for small employers and 56 hours per year for large employers) are not required to allow employees to carryover unused sick leave benefits beyond the limits of the employer’s current policy.

Most significantly, it also appears that employers with such existing leave policies already in place are relieved of other problematic provisions of the original HWFA (regarding notice, finding replacements, documentation, etc.).

Enforcement: The HWFA no longer includes a private cause of action.  Instead, the Nebraska Department of Labor is responsible for enforcement of the law.  The Nebraska Department of Labor still has the authority to issue administrative penalties for violations of the law, up to $500 for a first violation and up to $5,000 for any subsequent violation.

The Nebraska Department of Labor is in the process of updating its guidance on the HWFA.

Sick Pay Calculations:  LB415 clarifies how employers should calculate paid sick time for certain workers with non-traditional compensation structures.  Employees who are paid on a commission, piece-rate, milage, or fee-per-service basis should receive paid sick time based on an hourly rate using the average weekly rate calculation based on the state workers’ compensation statute.

Other Clarifications:  LB415 also clarifies that employers are not required to pay out unused sick time upon separation from employment.

Under LB415, paid sick time provided to employees on or after January 1, 2025, and before October 1, 2025, is counted toward an employer’s paid sick time obligations for calendar year 2025.

Effective Date and Written Notice: LB415 will still take effect on October 1, 2025. Certain employers must provide written notice of the HWFA to employees by September 15, 2025, or at the commencement of employment, whichever is later.

Takeaways: 

  • Starting October 1, 2025, Maryland employers who are covered by the federal Family and Medical Leave Act (FMLA) are no longer required to comply with the state’s unpaid parental leave law. 
  • Senate Bill 785 changes the definition of “employer” under Maryland’s Parental Leave Act to exclude those already covered by FMLA, even if they have between 15 and 49 employees. 
  • Because both laws determine coverage based on employee counts over a 20-week period in the current or previous year, some employers may qualify for FMLA even if they currently have fewer than 50 employees—making them exempt from the state law under the new rule. 

Effective October 1, 2025, Maryland employers covered by the federal Family and Medical Leave Act (“FMLA”) will no longer be subject to the state’s unpaid parental leave requirements. 

Senate Bill 785, sponsored by Senator Justin Ready, was passed by the Maryland General Assembly and signed into law by Governor Wes Moore on May 6, 2025. The bill amends Maryland’s Parental Leave Act (“PLA”) to reduce overlap with federal law and ease compliance burdens for certain employers. 

What Is the Maryland Parental Leave Act? 

The Maryland PLA requires employers with 15 to 49 employees in Maryland to provide eligible employees with up to six weeks of unpaid parental leave for the birth, adoption, or foster placement of a child. To qualify, employees must have worked for a covered employer for at least 12 months and logged 1,250 hours in the prior 12 months before leave. 

This law was designed to ensure that employees at smaller companies—those not covered by the federal FMLA—still had access to job-protected parental leave. A covered employer for purposes of the FMLA is one with 50 employees.  

What’s Changing? 

Senate Bill 785 changes the definition of “employer” under the PLA. Now, if an employer is already covered by the federal FMLA, they are excluded from the Maryland PLA—even if they have between 15 and 49 employees. 

This change prevents employers from being subject to both state and federal leave laws. It simplifies compliance for businesses that already meet federal requirements.  

Example: When This Applies 

Let’s say a Maryland company has 48 employees in twenty or more workweeks this calendar year. Normally, that would make that employer subject to the Maryland PLA. But if that company had 50 or more employees for at least 20 workweeks in the prior calendar year, it is considered covered by the FMLA for the current year—even if their headcount has since dropped. 

Under the new law, that company would no longer have to comply with Maryland’s PLA, because they are already covered by the FMLA. 

On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024.  Passage required Missouri employers to allow employees to accrue, and use paid sick leave for qualifying reasons on and after May 1, 2025.  Likewise, Proposition A provided an increase to the Missouri minimum wage.  

While the legal challenges to Proposition A that were filed in the Missouri Supreme Court were not successful, on May 14, 2025, the Missouri Senate accepted and passed House Bill 567, which repealed the entire paid sick leave requirement in Proposition A.  The bill also repealed a portion of the minimum wage increase provision in Proposition A, which based future increases to minimum wage on the Consumer Price Index, beginning in 2027.  Minimum wage will still increase to $15 per hour in 2026, but there is no longer an increase set to take effect in 2027 and beyond.

The bill repealing the Missouri Paid Sick Leave provisions will now go to Governor Kehoe for signature, who has expressed support for the bill.  Because HB 567 does not contain an emergency clause, the repeal will not become effective until August 28, 2025.  In the interim, the paid sick leave provisions under Missouri law remain in force and effect.  This means employers must continue to provide paid sick leave benefits in accordance with Proposition A’s requirements through August 28, 2025. This is particularly important given the individual right to file a lawsuit seeking legal and injunctive relief and to recover actual damages, liquidated damages at two (2) times the amount of actual damages, and attorney fees and costs.

Jackson Lewis’ attorneys will continue to monitor the bill and any other challenges closely. If you have any questions regarding HB 567 or related issues, please contact the Jackson Lewis attorney with whom you customarily work.

Takeaways

  • Only certain volunteer emergency service providers and members are subject to HB 128.
  • Employers may not terminate volunteer emergency service providers or members after their probationary period has ended for being absent or late to work due to performing emergency volunteer services.
  • Employees must provide written notice of their status as a volunteer emergency service provider or membership of a volunteer emergency service unit or organization.
  • Non-exempt employees are not owed regular pay for time missed from work for performing volunteer emergency services.

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HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause of Action for Wrongful Termination.

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On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause of Action for Wrongful Termination. The purpose of this bill is to provide employment protection for certain volunteer service providers who are late or absent for work due to their volunteer positions. The bill also increases communication and transparency between these workers and their employers.

Under HB 128, a public or private employer is prohibited from terminating an employee whose probationary period has ended because the “employee elected to serve as a volunteer emergency services provider or joined a volunteer emergency unit or organization, including but not limited to a municipal, rural, or subscription fire department.” For purposes of this bill, “‘volunteer emergency services provider’ means a volunteer firefighter as defined in M.C.A. § 7-33-4510 or a volunteer emergency medical technician as defined in M.C.A. § 50-6-202, and who are not paid full-time by the entity for which services are performed in the local service area.”

Pursuant to HB 128, employees must provide notice to their employer if they serve as a volunteer services provider or join a volunteer emergency unit or organization. Employees serving before the effective date of the bill (April 16, 2025) are required to provide written notification of their service within 30 days of the effective date of the bill. After the effective of date of this bill, employees who become volunteer emergency service providers or join volunteer emergency units or organizations, must provide this written notice within 30 days of their change of status or within 30 days of hire. Once an employer receives written notice, they cannot terminate an employee for being absent or late to work due to performing volunteer emergency service duties if the employee’s probationary period has been completed. The bill incorporates a probationary period of twelve (12) months, commencing on the date that the employee begins work, unless an employer establishes an alternative probationary period.  M.C.A. § 39-2-910 (1). Employers may extend a probationary period prior to its expiration but the original probationary period with extensions cannot exceed 18 months. M.C.A. § 39-2-910(2).

There are several conditions that the employee and employer must follow under the bill:

  • An employee who will be absent or late to work due to performing volunteer emergency service duties must provide notice to their employer as soon as possible. If an employee’s “absence or delay would imperil public safety or prevent the [employer] from performing an essential function, the [employer] may require the employee to request and receive” prior authorization to respond to an emergency.
  • Non-exempt employees may not claim regular pay for the time absent due to performing volunteer emergency service duties. An employer may deduct regular pay for time not worked.
  • Employers determine whether an employer may leave work to respond to an emergency.

If you have any questions regarding the new Montana law, please contact the Jackson Lewis attorney with whom you regularly work. As always, to stay up to date on state and local leave laws, employers can subscribe to LeaveSuite Via JL.

The Dole Act recently amended and expanded employment protections afforded veterans by the Uniformed Services Employment and Reemployment Rights Act (USERRA). Read more about amendments to USERRA’s anti-retaliation provisions, potential remedies, and more here: Increased Workplace Protections for Veterans: Dole Act Amends USERRA – Jackson Lewis.

On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck Diocese (collectively the CBA).  The court found that the portions of the PWFA Final Regulations that require employers to reasonably accommodate limitations arising out of infertility, abortions, and in vitro fertilization violate the  CBA’s rights under the Religious Freedom Restoration Act (RFRA).  The court also found that the EEOC’s Guidance on Harassment in the Workplace violates the CBA’s rights under the RFRA to the extent the EEOC Guidance forces the CBA to “speak or communicate in favor of abortion, fertility treatments, or gender transition when such is contrary to the Catholic faith; refrain from speaking or communicating against the same when such is contrary to the Catholic faith, use pronouns inconsistent with a person’s biological sex; or allow persons to use private spaces reserved for the opposite sex.” 

Because the court granted partial summary judgment and permanently enjoined the EEOC’s enforcement of the PWFA and Guidance On Harassment in the Workplace in this manner, the court declined to address the CBA’s other arguments including that the PWFA final regulations violate the Administrative Procedures Act.

What Does This Mean for Employers?

This ruling, and the court’s injunction, is limited to the CBA and its members. Moreover, the applicability of the court’s reasoning, other than the court’s discussion about whether the CBA had legal standing to bring the case, is limited to RFRA challenges to the PWFA regulations and EEOC Guidance on Harassment in the Workplace. While the EEOC could appeal the decision, it is entirely possible the agency will not do so since the EEOC has indicated its intent to revisit the breadth of the PWFA final regulations once the EEOC regains a quorum of commissioners and the Trump Administration has directed the EEOC to rescind the Guidance on Harassment in the Workplace.

More than half-a-dozen lawsuits have been filed by private employers and a number of states challenging the EEOC’s authority to enact portions of the PWFA Final Regulations. We are continuing to monitor these developments. Please reach out to your Jackson Lewis attorney with any questions about this decision or the other pending cases challenging the PWFA final regulations or the EEOC’s Guidance on Harassment in the Workplace.