PUMP Act – The DOL Wage and Hour Division published PUMP Act compliance FAQs specific to employers in the education industry (joining other similar FAQs for agriculture, care workers, retail and restaurant industries, and transportation).  The FAQs make it clear that even in an educational setting employers cannot require breastfeeding employees to pump breast milk at specific times, such as during lunch or recess.  They can agree to a specific schedule that meets the employee’s needs but must be willing to amend the schedule as the needs change.  All schools (including preschools) are subject to the PUMP Act.  There is an undue hardship exception for schools with fewer than 50 employees, but it is a very high standard that should only be used as a last resort.  The FAQs also note that the 50-employee standard is not by location – if an employer operates more than one school, they will be combined for purposes of calculating headcount.



Paid Sick Leave/Part Time Employees.  DLSE updated its FAQs to formally approve what most employers are already doing.  Currently, the regulations state that all employees must accrue at least 24 hours of paid sick leave by their 120th day of employment, and 40 hours by their 200th day.  Part-time employees may not work enough hours to meet these requirements.  DLSE has agreed that employers comply as long as they provide 1 hour of PSL per 30 hours worked for part-time employees, without regard to the required benchmarks.

Indoor Heat Standards.  In what was reported as a strange and surprising move, the Cal/OSHA Board adopted a new indoor heat illness rule after the Department of Finance withdrew its (required) approval due to the potential financial impact on state agencies.  This caused an unprecedented uproar in the Board meeting, and now the state’s administrative lawyers have 30 days to figure out whether the rule is valid, while Cal/OSHA and state legislators also consider their options.  If valid, and as possibly already required under general Cal/OSHA safety standards, certain warehouses, manufacturing, and similar employers with indoor heat risks would need to create a written indoor heat prevention program and provide training to workers and supervisors.  Once indoor temperatures reach 82 degrees or higher, they would also be required to take proactive steps similar to outdoor heat prevention standards, such as providing cool-down areas, water access, additional rest periods, and close observation.

Unincorporated LA County – Fair Chance/Criminal Backgrounds.  California employers (5+) in unincorporated LA County must comply with a new ordinance that goes far beyond the state’s “Fair Chance” requirements (but is very similar to the Los Angeles city ordinance).  It is effective March 28, 2024, and becomes enforceable on September 3, 2024. At over 40 pages long, it goes into extensive detail and adds substantial obligations for employers.  Some of the more significant provisions include:

Job Postings

  • All employers must include language in job postings stating that “qualified Applicants with arrest or conviction records will be considered for Employment by the Los Angeles County Fair Chance Ordinance for Employers and the California Fair Chance Act.”
  • Employers cannot include blanket prohibitions (i.e.” No Felons”, “No Convictions”, “Must Have Clean Background”, or “Must Pass Background Check”). Employers can include a notice that a background check will be required, but cannot imply that people with a criminal history will not be considered.
  • If an employer is legally required to exclude applicants with a certain criminal background, they must specify “any and all laws or regulations that impose restrictions or prohibitions for Employment due to a Criminal History”.
  • If an employer intends to consider criminal history, it must include a list of the job duties that it reasonably believes could be affected by a criminal history and lead to a withdrawal of a conditional offer.

Conditional Job Offers:  The conditional offer must include written notice of a specific, written rationale of “good cause” for conducting the criminal history. General “safety concerns” are not sufficient – employers must include “articulable concerns” specific to the position regarding the “significant risk” to the business, or the “safety of, or risk of harm or harassment to” employees, contractors, vendors, clients, customers, or the public.  In addition, employers must include a complete list of any other information that will be reviewed by the employer (i.e. education, social media, employment history, driving records, references, credit, licenses/credentials, drug testing, medical exams).

Records must be retained for four years. Penalties progress from $5K to $10K to $20K, and a private right of action is expressly authorized.

Colorado – Required Notices:  Last year Colorado passed a law requiring employers to expand the required annual tax withholding notice to include written notice of the availability of federal and state earned income tax credits and child tax credits.  The Colorado Department of Revenue recently published Form DR 0995, which briefly states the mandatory language and requirements.  It allows employers to fulfill their obligations by copying the language verbatim into a separate document or by printing or scanning the actual document provided and distributing it on paper or electronically.  Employers cannot just provide the URL codes linking the state’s webpage.

Illinois – Illinois Day and Temporary Labor Services Act.  For staffing agencies and their clients subject to the DTLSA, a district court temporarily enjoined the part of the Act that requires that “equivalent benefits” be provided to certain temporary workers. The requirement was set to take effect on April 1 but has been delayed pending an appeal.  The other portions of the DTLSA remain in effect, including that employer-clients disclose pay and benefits-related information to staffing agencies.  In addition, the requirement that temporary workers receive equivalent pay after 90 days of working for a third-party client is not subject to the injunction and will take effect on April 1.

New Jersey – New Jersey may be on its way to joining the movement toward required anti-harassment training and more employee-friendly definitions of harassment.  If passed, AB 2443 would change current legal precedent by requiring courts to look at the “totality of the circumstances” surrounding a harassment claim, and specifying that a single instance of harassment may be sufficiently severe to establish the existence of an intimidating, hostile, or offensive work environment.  It would also specify that harassing conduct does not require physical contact, and may be based on threats, abusive or offensive language, damage to or interference with personal property, or offensive written or verbal communications or comments. Employers would be required to have a written non-discrimination policy and provide interactive anti-discrimination and anti-harassment training within 90 days of hire, and then every two years.  One uncommon twist to the bill is that 50+ employers would be required to collect and report to the state the number of discrimination and harassment complaints they received during the year, and the specific protected class included.

New York City:  New York City is considering several proposals to amend the city administrative code to prohibit employers from entering into or requesting noncompete agreements with employees, unpaid workers, and independent contractors, and to require employers to rescind any pre-existing noncompete agreements within 120 days (similar to California).  There is currently no exception for highly paid individuals, which was the objection the Governor cited as a reason to veto the statewide ban passed by the legislature last year.  Violators would be subject to a $500 penalty per violation, and any noncompete in violation of the act would be unenforceable.

If you’d like to speak to an Asure HR expert about your business, connect with us.

Asure Software provides this information for general information purposes only.  We are not attorneys, and the information in this update should not be relied upon or regarded as legal advice.  This information may not be accurate or complete as it relates to a particular company or situation, and does not reflect all developments or laws in all jurisdictions. 

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