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As we approach the final quarter of the year, several states are implementing key legislative changes that will impact employers. From amendments to overtime pay exemptions in Alabama and new oral fluid drug testing allowances in Alaska to adjustments in California’s healthcare worker minimum wage, it’s essential to stay informed. Additionally, Connecticut expands family violence leave protections, Maryland updates equal pay laws, and Washington enhances PPE use guidelines. Employers should take note of these updates to ensure full compliance by the respective deadlines.
Make sure you’re ready—stay ahead of these changes to keep your business on track!
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Effective October 2024
Alabama Amends Overtime Pay Exemption
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.
Alaska Permits Oral Fluid Drug Testing
Effective October 28, 2024, Alaska amends its drug testing law to permit employers to require the collection and testing of an employee’s or prospective employee’s oral fluid for any job-related purpose consistent with business necessity and the terms of the employer’s drug testing policy.
Previously, only samples of an employee’s or prospective employee’s urine or breath were permitted to be collected for drug testing.
California Amends PAGA Procedure for Curing Alleged Pay Statement Violations
Under an amended Private Attorneys General Act (PAGA) correction procedure starting October 1, 2024, if an employer has allegedly violated certain pay statement requirements it may possibly avoid PAGA litigation by correcting the violation(s) and giving written notice by certified mail to the PAGA plaintiff or their legal counsel. The notice must also be filed online with the California Department of Labor and Workforce Development describing the actions taken to cure the violation(s) within 33 calendar days of the postmark date of the PAGA notice. If the pay statement violation(s) is/are not cured within 33 days, the PAGA plaintiff may sue the employer in court. Additional procedures apply.
California Health Care Worker Minimum Wage Takes Effect at $18.00-$23.00
Effective October 15, 2024 (if state revenue between July 2024 and September 2024 is at least 3% higher than expected under current projections) or January 1, 2025, if state revenue does not rise to that level, covered health care facilities must pay covered health care employees a minimum wage according to the following schedule:
This development originally was scheduled to take effect on June 1, 2024. However, on May 31, 2024, a bill was enacted that postponed the implementation date to July 1, 2024. Then on June 29, 2024, another bill was enacted that further postponed the implementation date to October 15, 2024, or January 1, 2025, and made other changes.
Connecticut Expands Family Violence Victim Leave Law
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.
Connecticut Amends Paid Family and Medical Leave Act
Effective October 1, 2024, amendments to the Paid Family and Medical Leave Act (PFMLA) impact employer coverage and employee compensation.
In addition, paid family and medical leave benefits are available for reasons related to sexual assault, based on amendments to the family violence victim leave law.
Paid Family and Medical Leave Benefits Handbook Statement: Connecticut
Effective October 1, 2024, Connecticut’s Paid Family and Medical Leave Act (PFMLA) will be expanded to include new qualifying reasons related to sexual assault. This update is crucial for all employers with at least one employee in Connecticut.
Key Highlights:
Action Required: Employers should update their handbooks and notify their employees of these changes to ensure compliance by October 1, 2024. For more information, visit the CT Paid Leave Authority’s website at www.ctpaidleave.org.
Delaware Employers Must Register for Expanding Access for Retirement and Necessary Savings (EARNS) Program
Employers with five or more covered employees must register for the Delaware Expanding Access for Retirement and Necessary Savings (EARNS) Program or certify their exemption by October 15, 2024. Employers can register as of the program’s formal launch on July 1, 2024.
District of Columbia Allows Managers to Attend Sexual Harassment Training Online
Effective October 1, 2024, managers have the option to attend the District of Columbia’s required sexual harassment training online. Previously, managers had to attend training in person.
Maryland Paid Family and Medical Leave Contributions Begin
UPDATE: The Paid Family and Medical Leave Law (S.B. 275) was amended (by S.B. 828) to delay the start of contribution withholding from October 1, 2023, to October 1, 2024, and the availability of benefits from January 1, 2025, to January 1, 2026. Also, the amendments cap contribution rates, modify the employer-employee contribution rate cost-share percentages, and add a definition of wages subject to contribution withholding.
Beginning October 1, 2024, covered employers, employees and participating self-employed individuals in Maryland are required to make contributions to fund paid family and medical leave (PFML) benefits provided for by the state’s Time to Care Act of 2022.
Employees may access PFML benefits beginning January 1, 2026.
Anti-retaliation and notice provisions are effective January 1, 2023.
Maryland Requires Pay Ranges in Job Postings
Effective 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.
Maryland Amends Equal Pay Law to Cover Additional Protected Characteristics
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. The Act applies to all private employers in Maryland, in addition to state and local government entities.
EEO Handbook Statement: Maryland
When to Include
Maryland employers should consider including this statement in their handbook. Maryland has at least two different laws addressing discrimination and/or harassment, which differ in terms of what characteristics they protect and what employers are covered.
The Maryland Fair Employment Practices Act (FEPA) applies to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. For purposes of harassment, the law applies to employers with one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. An “employer” means any person that is engaged in an industry or business.
Tax-exempt private membership clubs are not covered under the FEPA.
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Maryland Prohibits Military Status Discrimination
Effective October 1, 2024, the Maryland Fair Employment Practices Act is amended to prohibit discrimination on the basis of military status.
Maryland Amends Pay Statement and New Hire Pay Rate Notice Requirements
Effective 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 labor commissioner is required to create and make available to employers at no charge a pay stub template that may be used to comply with these requirements.
In addition, the information employers are required to provide to new employees at the time of hire (i.e., rate of pay, regular paydays and leave benefits entitlement) must be provided in writing.
Massachusetts Requires Employers to Submit EEO Reports
Effective October 30, 2024, Massachusetts employers that have 100 or more employees and are subject to federal EEO-1 reporting requirements must submit the previous year’s EEO-1 report to the Massachusetts Secretary of the Commonwealth by February 1 each year, with the first report due February 1, 2025.
Employers subject to EEO-3 and EEO-5 reporting must submit the previous year’s EEO-3 or EEO-5 report by February 1 in each odd-numbered year, and employers subject to EEO-4 reporting must submit the previous year’s EEO-4 report by February 1 in each even-numbered year.
Montana Consumer Data Privacy Act Takes Effect
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.
The CDPA’s protections do not apply to individuals acting in an employment context or to HR data (information about job applicants, employees, agents, or independent contractors acting in those roles).
Minnesota Permits Oral Fluid Drug and Alcohol Testing
Effective 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.
The amendments specify that oral fluid testing does not require the services of a testing laboratory or the customary chain-of-custody procedures.
Minnesota Clarifies Calculation of Workers’ Compensation Benefits for Agricultural Employees
Effective October 1, 2024, Minnesota amends its workers’ compensation law to explain how to calculate the weekly wage of certain agricultural employees for the purposes of wage replacement benefits.
Minnesota Wage Detail Reporting for Paid Family and Medical Leave Takes Effect
By October 31, 2024, all Minnesota employers covered by the state Paid Family and Medical Leave (PFML) law (i.e., all Minnesota employers with employees located in the state) must file the first of the quarterly wage detail reports online with the state Department of Employment and Economic Development (DEED), based on wages paid between July 1, 2024, and September 30, 2024. After the law was enacted, DEED FAQs for employers were issued clarifying these dates.
A wage detail report must be filed even if no wages were paid for the quarter. Going forward, the reports are generally due on or before the last day of the month following the end of each calendar quarter.
Antiretaliation and employer and employee notice requirements take effect November 1, 2025.
Covered employers must begin making contributions to fund PFML benefits, and comply with pay statement requirements, starting January 1, 2026; PFML benefits also become available to eligible employees on that same date.
By April 30, 2026, covered employers must begin making deposits of premium contributions, based on wages earned between January 1, 2026, and March 31, 2026, with the DEED.
Washington Permits Voluntary Use of Personal Protective Equipment (PPE)
Effective October 1, 2024, Washington requires an employer to allow its employees or contractors to voluntarily use PPE if it otherwise does not require the use of a specific type of PPE as determined under a PPE hazard assessment, employer policy or where required to comply with safety and health standard rules. However, certain limitations apply.
WAC 296-155-249, WAC 296-307-10030 and WAC 296-800-16080.
Effective November 2024
Massachusetts Requires Veterans’ Benefits and Services Poster
Effective November 6, 2024, employers with more than 50 full-time employees must post a benefits and services poster pertaining to veterans.
+2023 Bill Text MA H.B. 4976.
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