On April 4, 2024, Governor Tina Kotek signed HB 4156 to modernize and expand protections under Oregon’s anti-stalking laws.  The new law criminalizes newer forms of threatening and predatory conduct which have emerged with the technological advances of recent decades.  The new law also impacts Oregon employers by expanding employees’ access to paid and unpaid safe leave benefits.

It has long been a crime in Oregon to cause someone reasonable apprehension about their personal safety by knowingly alarming or coercing that person through repeated and unwanted contact.  The term “repeated and unwanted contact” was generally defined to include only instances of direct physical presence (e.g., following a victim or lying in wait outside their homes and schools), or unwanted communications.  That definition reflected traditional concepts of stalking behavior but failed to address newer forms of bad conduct, including, for example, forms of online harassment and the theft or misappropriation of a victim’s personal information.    

House Bill 4156 aims to strengthen Oregon’s anti-stalking protections against these newer forms of criminal conduct.  Specifically, the new law amends the definition of repeated or unwanted “contact” to include misappropriating a victim’s personal identification; disclosing intimate or sexual images of someone without their consent (so-called “revenge porn”); using electronic means to monitor or interfere with a victim’s communications or activities; or causing others to harass, humiliate or injure the victim by disclosing names, images or personal information (aka “doxxing”).

Oregon employers should know that the modernization of Oregon’s anti-stalking laws indirectly expands already-existing obligations to provide their employees with certain safe leave benefits.  Specifically, under ORS 659A.272, Oregon employers with six or more employees must allow their employees “reasonable leave from employment” for purposes such as seeking legal or law enforcement assistance to ensure their health and safety from stalkers, obtaining medical treatment or recovering from stalking-related injuries, and receiving counseling from a licensed mental health professional.    

Similarly, under the new Paid Leave Oregon program, employers with one or more employees must also allow up to 12 weeks of paid leave to eligible employees for specified purposes, including safe leave for those victimized by stalking crimes.  Beginning July 1, 2024, these paid leave protections will supplant prior unpaid leave benefits which for years had been available under the Oregon Family and Medical Leave Act (“OFLA”).

If you have questions about your leave of absence policies or whether an individual employee’s absence is legally protected, please contact your Jackson Lewis lawyer. Jackson Lewis also offers a leave law map database that provides subscribers a detailed explanation of state and local leave laws around the country. The Leave & Accommodation Suite is developed and updated continually by our Disability, Leave & Health Management attorneys.

Minnesota Governor Tim Walz recently signed a bill significantly amending the Minnesota Human Rights Act (MHRA). Among other things, the legislation amended the definition of “disability” under state anti-discrimination law. The MHRA was also amended relating to the use of service animals. For more information about these developments in Minnesota, please review our full report here.

On May 9, 2024, Connecticut enacted Public Act 24-5, which expands the circumstances under which employees can receive benefits under Connecticut’s Paid Leave Insurance Program. The Connecticut Paid Leave Insurance Program provides wage replacement benefits to employees who require leave from work for certain covered reasons, with employees contributing to the trust for the program through a regular payroll deduction. Under Public Act 24-5, the covered reasons for receiving benefits under the program has been expanded to include leave benefits for victims of sexual assault. Previously, the program provided paid leave benefits to employees who take leave covered by the Connecticut Family and Medical Leave Act and to employees who are victims of family violence. Effective October 1, 2024, Public Act 24-5 amends the General Statutes to permit employees who are victims of sexual assault to take leave from work for covered reasons and to receive paid benefits during that leave under the Connecticut Paid Leave statute.

The Act also amended the Connecticut Paid Leave statute to permit employees to receive benefits concurrently with compensation received from the victim compensation program administered by the Office of Victim Services within the Judicial Department, provided the total compensation received by the covered employee during the covered employee’s period of leave shall not exceed such covered employee’s regular rate of compensation.

Employers with questions on these developments or other recent changes in Connecticut leave laws, including the recently expanded paid sick leave law, should contact a Jackson Lewis attorney.

To help employers navigate these new compliance obligation, Jackson Lewis P.C. will host a complimentary webinar on June 26. Please register here.

The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Bulletins provide guidance to field staff on enforcing the federal statutes administered by the WHD.

FAB No. 2024-1 emphasizes that statutory protections apply as usual, irrespective of the new tools and systems employers are using. However, the use of AI may pose some compliance challenges. “Regardless of the exact AI or other technologies used, the principles described here provide guidance for evaluating how to comply with the law,” the FAB states.

In addition to addressing the potential implications of AI in properly tracking hours worked and calculating wages owed under the Fair Labor Standards Act (FLSA), the FAB addresses the potential impact of AI on compliance with the FLSA’s protections for nursing employees. The FAB also provides detailed guidance on the challenges that may arise with the use of AI and compliance with the Family and Medical Leave Act (FMLA).

Learn more here.

The Connecticut legislature has approved a major revision to Connecticut’s state statute mandating paid sick leave, broadly expanding coverage of the statute over the next several years to nearly every employer and employee in the state.

The Connecticut Senate approved the measure on May 6, 2024, which had previously passed in the House on April 24, 2024. Governor Ned Lamont is expected to sign the legislation into law soon.

Learn more here.

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act).

In 2022, the Maryland General Assembly passed the Family and Medical Leave Insurance Program (“Program”). Under the Program, Maryland workers will receive up to 12 weeks of paid family and medical leave through a state fund financed by employee and employer contributions. Contributions from employers and employees were originally set to begin on Oct. 1, 2023, and covered employees were to receive benefits starting on Jan. 1, 2025.

Last year, the General Assembly passed an amendment to the law that, among other things, delayed collection of contributions and benefit payments for a year. Jackson Lewis detailed that amendment’s notable changes. During the latest legislative session, lawmakers passed SB485, making additional modifications and setting new dates for contributions and benefits under the Program.

Delayed Start Dates

Contributions will begin on July 1, 2025, and covered employees will begin receiving benefits on July 1, 2026. The secretary of labor will set the rate of contribution by Feb. 1, 2025. The secretary of labor had set the rate of .90% for employers with at least 15 employees. However, this rate is likely to change due to the updated law. Once set by the secretary of labor, the rate will be in effect from July 1, 2025, to June 30, 2026.

Minor Changes Affecting Employers

There are two additional changes affecting employers and their compliance with the Program. First, the definition of “wages” now follows the Maryland Unemployment Insurance’s definition. Employers will not have to calculate two different sets of wages for the two programs. Second, employers who opt to use a private plan in lieu of the Program will have to pay application and renewal fees. The Department of Labor will set the applicable fee arrangement.

The secretary of labor issued draft regulations implementing the Program. Final regulations are expected to further clarify the law for employers.

Jackson Lewis attorneys are available to answer your questions about changes to the law and how they affect your existing leave and benefit policies.

The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law.

The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on March 19, 2024. The new law will go into effect on May 1, 2024.

Learn more here.

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating a sunset date into the existing COVID-19 Paid Sick Leave law.

Learn more here.

The Equal Employment Opportunity Commission (EEOC) released the text of the final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. They were formally published in the April 19, 2024, Federal Register and will be effective 60 days later.

The EEOC received more than 100,000 public comments, including comments from Jackson Lewis, in response to the Commission’s notice of the proposed regulations issued on Aug. 11, 2023. Although largely unchanged from the proposed regulations, the final regulations provide important clarifications and insights into how the EEOC will enforce the law. Learn more in our Special Report about the key points employers need to know about the final regulations.

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

The PWFA required the EEOC to publish final regulations by December 29, 2023. However, the EEOC did not issue final regulations until today, April 15, 2024.  The final regulations are slated to be published in the Federal Register on April 19, and will go into effect 60 days after publication.  The final regulations were issued after over 100,000 public comments were submitted in response to  the proposed regulations.

In the final regulations the EEOC clarifies, and in some instances, expands upon the circumstances in which an employer must reasonably accommodate an employee, absent undue hardship. The following is a list of some of the issues addressed in the 400+ pages of final regulations.

  • Like the proposed regulations, the final regulations cover a wide range of conditions related to pregnancy, including, fertility and infertility treatments, carpel tunnel, menstruation, postpartum depression, lactation (including both breastfeeding and pumping in the workplace), changes in hormone levels, abortion, miscarriage, stillbirth, and preeclampsia.
  • The final regulations significantly maintained the list of reasonable accommodation requests that will almost never impose an undue hardship, including permitting employees to carry or keep water nearby, take breaks as needed to eat and drink, and permitting work to be done while sitting instead of standing or vice versa.
  • The final regulations clarify the definition of a “qualified individual” as one who can perform the essential functions in the near future.  In the case of a pregnant employee, the presumption is the employee can perform the essential functions “in the near future,” within 40 weeks of suspension of the job function.  For conditions other than current pregnancy the regulations do not impose a 40-week limitation.  However, the final regulations clarify a request to indefinitely suspend an essential function is not “in the near future” so as to entitle an employee to an accommodation.
  • The final regulations further restrict the documentation and information an employer may require to support a request.
  • The final regulations state it is a best practice to provide an interim accommodation to an employee under the PWFA, and may mitigate against a claim of delay by an employee.
  • The final regulations also clarify there is no right to a reasonable accommodation under the PWFA based upon an individual’s association with someone else who may have a PWFA-covered limitation, or even if the individual themselves has a physical or mental limitation arising out of someone else’s pregnancy, childbirth or related medical condition.
  • The final regulations clarify that time for bonding or for childcare is not covered by the PWFA.
  • The final regulations also include extensive Interpretative Guidance as an Appendix, which address the major provisions of the PWFA and explain and illustrate how the final regulations will apply.  

Jackson Lewis attorneys are analyzing the substance of the final regulations and will publish a detailed report later this week designed to help employers understand the impact of these regulations. We also invite members of the employer community to join us for a complimentary webinar on May 10, 2024 at 1:00PM ET when we will discuss the final regulations, including how they differ from the proposed regulations and provide practical advice for complying with the PWFA. To register for the webinar, click this registration link.

If you have any questions about the PWFA or the implications of the regulations for your organization please contact a Jackson Lewis lawyer. As always, if you want to stay on top of changes and updates regarding the PWFA, subscribe to our Disability, Leave and Health Management Blog.