State & Local Employment Law Developments: Q3 2024

At a Glance

• For the third quarter of 2024, we highlight significant new workplace regulations from 15 states.
• We discuss state and local regulations on antidiscrimination, biometric information, commissions and bonuses, criminal background, day and temporary labor services, DEI trainings, discipline, discrimination, drug and alcohol testing, equal pay, family violence leave, freelance work, job postings, meal-break requirements, military discrimination, overtime, paid family and medical leave, paid sick leave, parental leave, pay statements, pregnancy accommodation, privacy, recordkeeping, retaliation, sexual harassment, violence prevention, and weapons.

State and local governments continue to increase workplace regulations. Although it is not feasible to discuss all laws, this update provides an overview of significant recent and upcoming legislative and regulatory developments to help you and your organization stay in compliance with local and state employment laws.

Alabama

Overtime: Effective October 1, 2024, the following amendments to the Alabama overtime pay exemption take effect:

• The overtime pay exemption — which currently exempts from gross income and Alabama state income tax compensation for hours worked above 40 in any week if it is received by a worker for tax years that begin on or after December 31, 2023, and before June 30, 2025 — ends and instead applies to amounts paid as overtime in accordance with the federal Fair Labor Standards Act if the compensation is received for tax years beginning on or after October 1, 2024, through June 30, 2025.
• For employers governed by the federal National Railway Labor Act, the exemption applies to hourly component overtime compensation as defined in applicable collective bargaining agreements.
• From January 1, 2024, through September 30, 2024, employers must report the total amount of overtime pay received by employees paid a full-time hourly wage; however, as of October 1, 2024, employers must report the total amount of all wages paid to such employees.

Arizona

Recordkeeping: Effective August 5, 2024, Arizona requires establishments employing youths under the age of 16 to keep certain records.

Connecticut

Family Violence Victim Leave: Effective October 1, 2024, Connecticut’s family violence victim leave law is amended to add the requirement of leave for reasons related to sexual assault.

Paid Family and Medical Leave: As of October 1, 2024, amendments to the Paid Family and Medical Leave Act (PFMLA) impact employer coverage and employee compensation.

District of Columbia

Sexual Harassment: Effective October 1, 2024, managers have the option to attend the District of Columbia’s required sexual harassment training online.

Florida

DEI Trainings: Effective July 26, 2024, a federal court permanent injunction against Florida’s H.B.7, also known as the Individual Freedom Act or the Stop WOKE Act, permanently blocks enforcement of provisions of the law that deal with trainings offered by private employers.

Hawaii

Discipline: Beginning on July 2, 2024, the law prohibits employers from disciplining, discharging or otherwise punishing an employee who refuses to attend an employer-sponsored event or to listen to a message that communicates the employer’s opinions about political matters.

Illinois

Freelance Worker Protection Act: Effective July 1, 2024, entities that retain a freelance worker to provide products or services must have a written agreement that contains certain minimum terms.

Biometric Information Privacy Act: Effective August 2, 2024, the Biometric Information Privacy Act (BIPA) was amended to clarify that the law does not provide for “per-scan” damages and add a definition for electronic signatures, thereby recognizing consent given in electronic form is valid.

Day and Temporary Labor Services Act: Effective August 7, 2024, the Illinois Day and Temporary Labor Services Act (IDTLSA) is amended to, among other things:

• Alter the equal-pay-for-equal-work requirements
• Modify the circumstances under which temporary workers assigned to third-party clients are entitled to benefits, including leave benefits
• Clarify that client companies must provide training consistent with Occupational Safety and Health Administration (OSHA) requirements

Louisiana

Weapons: Effective July 4, 2024, Louisiana allowed permitless concealed carry of handguns by person 18 or older. However, employers may continue to implement policies banning weapons in the workplace.

Sexual Harassment: Beginning on August 1, 2024, a nondisclosure agreement (NDA) is unenforceable if it prohibits an employee from discussing sexual harassment or a hostile work environment and was signed before the alleged harassment or hostile work environment dispute arose.

Meal-Break Requirements: Effective August 1, 2024, the child labor meal-break requirement only applies to minors under 16 years of age.

Commissions and Bonuses: As of August 1, 2024, commissions, incentive pay and bonuses are considered due in final wages if they have been earned at the time of separation and have not been modified in accordance with a written policy addressing such payments.

Maryland

Pay Statements: Beginning on October 1, 2024, Maryland employers must provide detailed information to employees on written pay statements, or on online pay statements. (Previously, the law was silent on whether electronic pay statements were even permitted.) Among other information, pay statements must include (not an exhaustive list):

• The employer’s name registered with the state, address and telephone number
• The date of payment and the beginning and ending dates of the pay period for which the payment is made
• Hours worked, pay rate, basis of pay and any deductions

Equal Pay: Effective October 1, 2024, the Maryland Equal Pay for Equal Work Act is amended to prohibit pay discrimination on the basis of sexual orientation, religious beliefs, race and disability.

Job Postings: As of October 1, 2024, Maryland employers must include a wage range and general description of benefits and other compensation in any public or internal posting for a position that will be physically performed at least partly in Maryland.

Military Discrimination: Effective October 1, 2024, the Maryland Fair Employment Practices Act is amended to prohibit discrimination on the basis of military status.

Prince George’s County

Criminal Background: Effective September 16, 2024, Prince George’s County, Maryland, amends its law regarding criminal record screening to:

• Lower the applicability threshold to cover employers with 10 or more full-time employees in the county (previously 25 or more)
• Add definitions of arrest, conviction, sentence and nonviolent felony
• Prohibit inquiries into and consideration of certain categories of convictions and arrests

Minnesota

Antidiscrimination: The Minnesota Human Rights Act (MHRA) is amended as of August 1, 2024, to:

• Prohibit discrimination based on one or more protected characteristics
• Modify the definitions of disability and familial status
• Provide protections from harassment based on any protected characteristic
• Narrow the exemptions for fraternal and religious organizations
• Add new civil penalties, punitive damages and other remedies for discrimination claims

Pregnancy Accommodation: Effective August 1, 2024, employers must maintain health care coverage for an employee and their dependents during an employee’s leave of absence taken as a pregnancy accommodation.

Parental Leave: Beginning on August 1, 2024, the Pregnancy and Parenting Leave Act was amended to maintain an employee’s benefits during the leave period and how this law interacts with other types of leave.

Drug and Alcohol Testing: Beginning on October 1, 2024, Minnesota amends its Drug and Alcohol Testing in the Workplace Act (DATWA) to permit oral fluid (saliva) testing as a form of drug, alcohol and cannabis testing as long as it complies with the procedures and requirements outlined in the DATWA.

Montana

Privacy: Effective October 1, 2024, the Montana Consumer Data Privacy Act (CDPA) gives Montana residents privacy rights with respect to their personal data and establishes certain requirements and limitations for covered businesses that control or process personal data about Montana residents.

New Hampshire

Retaliation: Beginning on August 13, 2024, employers are prohibited from retaliating against any employee who fails to report at the start of their work hours because they are responding as a voluntary member of a fire or ambulance department to an emergency they witness enroute to work.

Discrimination: Effective September 1, 2024, New Hampshire prohibits discrimination because of a person’s protective hairstyle. A protective hairstyle means hairstyle or hair type, including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists and head wraps.

New York

Freelance: As of August 28, 2024, the New York Freelance Isn’t Free Act requires contracting entities that hire freelancers who will provide services in exchange for $800 or more to enter into written contracts, make timely payments (within 30 days) and refrain from retaliation.

Pennsylvania

Pittsburgh

Paid Sick Leave: Effective July 2, 2024, the paid sick leave law requires employers to adopt a written policy that complies with the law and clarify requirements regarding accrual, frontloading and employer notice.

Texas

Violence Prevention: As of September 1, 2024, Texas requires certain health care facilities to adopt, implement and enforce a written workplace violence prevention policy and a written workplace violence prevention plan. After September 1, 2024, Texas required these facilities to establish workplace violence prevention committees and to respond to incidents of workplace violence in specified ways.