Kansas: Amendments to Restraint of Trade Act

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July 1, 2025

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  • SB 241 provides new enforceability presumptions and mandates judicial modification of overly broad restrictive covenants and agreements.

Discussion

As of July 1, 2025, SB 241 amends Kansas’ Restraint of Trade Act to provide clearer standards for enforceability and to reduce the uncertainty that previously surrounded non-compete and non-solicitation clauses. Under the prior version of the law, restrictive covenants were presumed enforceable if they were “reasonable in view of all the facts and circumstances” and did not violate public welfare. However, the open-ended nature of the reasonableness test left much discretion to judges, often making it difficult for employers to predict whether a covenant would ultimately be upheld.

 

SB 241 addresses this problem by introducing two key changes. First, the law sets out specific scenarios in which certain restrictive covenants will be presumed enforceable, most notably, for non-solicitation agreements and provisions requiring an owner to give advance notice before selling or transferring their ownership stake. To qualify, covenants must meet specific scope and duration limits, including coverage of “material contact customers” and defined relationships between parties.

 

Second, the law provides a backstop for overly broad covenants that do not qualify for one of the new presumptions. Rather than striking those covenants down entirely, courts are now required to modify them, but only to the extent reasonably necessary to protect the employer’s legitimate business interests.

 

While the updates under SB 241 offer a more reliable legal framework for Kansas businesses seeking to enforce post-employment restrictions, these types of agreements are still subject to challenges in court and courts will consider defenses raised by employees. Employers should work with their legal counsel to ensure that any restrictive covenant or agreement is in compliance with these updated requirements.

 

Action Items

  1. Review restrictive covenants and agreements with legal counsel.

 

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Maine: Wage and Hour and Statute of Limitations Updates

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  • Effective June 24, 2025, SP 282 requires employers with 10 or more employees to pay employees if the employee reports to work at the request of an employer and the employer cancels or reduces the number of hours in the employee’s scheduled shift.
  • On July 3, 2025, in Andersen v. Department of Health and Human Services, the Maine Supreme Judicial Court narrowed the ability of employees to bring discrimination claims after the Maine Human Rights Act’s (MHRA) two-year statute of limitations expires where a pattern of discrimination can be shown.
  • Effective September 24, 2025, LD 55 increases the amount of required earned paid leave an employee is allowed to accrue and carryover.

Discussion

Employers should note the following recent updates to Maine employment laws, including a decision from Maine’s Supreme Court.

 

Reporting Pay Legislation

 

Effective June 24, 2025, SP 282 requires employers with 10 or more employees to pay employees if the employee reports to work at the request of an employer and the employer cancels or reduces the number of hours in the employee’s scheduled shift. The employee must be paid the lesser of two hours of pay at the employee’s regular rate of pay, or the total pay for the shift for which the employee was initially scheduled. If an employer made a documented good-faith effort to notify the employee not to report to work, then they are not liable for reporting pay. If the employee reports to work after the attempt to notify has been unsuccessful, then the employee must perform whatever work is assigned by the employer; if there is no work to assign, then the employer must pay the reporting wages.

 

Employers are exempt if the employee is not required to work or is unable to work due to:

 

  • Adverse weather conditions;
  • A natural disaster or civil emergency;
  • An illness or medical condition of the employee; or
  • A workplace injury of the employee.

 

Narrowing of “Continuing Violation” Doctrine in Discrimination Claims

 

On July 3, 2025, in Andersen v. Department of Health and Human Services, the Maine Supreme Judicial Court narrowed the ability of employees to bring discrimination claims after the Maine Human Rights Act’s (MHRA) two-year statute of limitations expires where a pattern of discrimination can be shown. Here, an employee of the Maine Department of Health and Human Services alleged a supervisor’s treatment of her created a hostile work environment resulting in anxiety, major depressive disorder, and post-traumatic stress disorder. After taking medical leave for treatment, she requested reassignment as a reasonable accommodation. After being denied, she resigned. She filed a disability discrimination claim and claimed hostile work environment with the Maine Human Rights Commission but did not file a complaint until two years after her resignation.

 

In reaching its ruling that the plaintiff’s claim was barred by the two-year statute of limitations, the court found that the plaintiff’s medical leave caused a break in the pattern of harassment. This break removed the link between the alleged discriminatory behavior and the plaintiff’s resignation. In addition, denying a specific accommodation request is not discriminatory where the law does not require a specific accommodation.

 

The decision is a welcome one for employers which provides an important limitation to the extension of the statute of limitations. A break or gap can sever the continuity needed to show a pattern of discrimination. Since a break or gap in the pattern of alleged discrimination will be determined on a case-by-case basis, employers should continue to consult with legal counsel regarding adverse employment actions involving employees who have raised unlawful employment practice complaints in the past.

 

Changes to Earned Paid Leave Law

 

Effective September 24, 2025, LD 55 increases the number of required earned paid leave an employee is allowed to accrue and carryover. Under the current law, employees are entitled to accrue up to 40 hours in one year of employment. Employees can carry over accrued and unused paid leave which is capped at 40 hours of total leave. For example, if an employee carries over 40 hours, they cannot accrue more hours unless they use their existing paid leave.

 

The amendment still allows carryover to be capped at 40 hours, but allows the employee’s paid leave balance to reach 80 hours. However, paid leave usage remains capped at 40 hours. Additional guidance is expected from the Maine Department of Labor regarding the changes.

 

Action Items

  1. Update payroll procedures for employee reporting pay obligations, if applicable.
  2. Consult with legal counsel regarding adverse employment actions taken against employees with recent complaints or grievances.
  3. Review and update earned paid leave policies.
  4. Have appropriate personnel trained on the requirements.

 

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Maryland: De Minimis Doctrine Applies to State Wage and Hour Laws

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July 3, 2025

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  • The Maryland Supreme Court held that the de minimis doctrine applies to claims brought under the state’s wage and hour laws, allowing employers to disregard insignificant amounts of time spent on work-related tasks.

Discussion

In Martinez v. Amazon.com Services LLC, the Maryland Supreme Court held that the de minimis doctrine applies to claims brought under the state’s wage and hour laws. The de minimis doctrine allows employers to disregard “insignificant” amounts of time spent on work-related tasks when calculating an employee’s compensable working hours.

 

The case was brought by a former Amazon employee who worked at the Baltimore fulfillment center and filed a class-action lawsuit in 2021 seeking unpaid wages for time spent going through security checks after clocking out. As part of the suit, the plaintiff alleged that she and other employees spent anywhere from 3 to 15 minutes participating in these security checks. Amazon argued that they did not owe employees compensation for this time because it fell under the purview of de minimis time. The plaintiff argued that the de minimis rule contradicts Maryland’s public policy of ensuring workers are paid for all work performed. Ultimately, the issue of whether or not state law recognizes the principle of de minimis time is what proceeded to the Maryland Supreme Court.

 

Ultimately, the court determined that the de minimis doctrine is a long-standing common-law principle that Maryland legislators would have been aware of when initially enacting the state’s wage statutes. The Court concluded that, absent a clear rejection from the General Assembly, the doctrine applies by default. According to the Court, Maryland’s wage laws are not intended to hold employers liable for negligible amounts of unrecorded time, citing the need to balance enforcement with practical workplace realities. Importantly, the court did not address whether the specific time spent by the class action employees actually constituted de minimis time. Instead, the court only addressed whether the de minimis doctrine was recognized in Maryland. The matter was therefore sent back to the lower courts to determine whether the security check time was compensable or excludable under the de minimis doctrine.

 

This decision provides some clarity and relief for Maryland employers; however, the ruling does not give employers a free pass. Employees may still argue that time spent under employer control is not de minimis, especially when aggregated across shifts or among large workforces. Despite the Court’s conclusion, the plaintiffs will be permitted to pursue their claims if they can show the time lost was substantial enough to warrant compensation under the doctrine’s parameters. The threshold for what counts as de minimis is also not clearly defined by the court’s decision, so employers should continue to monitor future legal developments.

 

Action Items

  1. Review employer timekeeping practices for compliance.
  2. Have appropriate personnel trained on timekeeping practices.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Nevada: Legislative Update

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  • Nevada has modified working hours for certain minor employees.
  • Volunteer members of the Nevada Wing of the Civil Air Patrol to take leave for training or emergency missions without penalty.
  • Nonmedical personal care service agencies are subject to new background check and employee training requirements.
  • The vicarious liability standard is revised for “delivery network companies” and their drivers.
  • Emergency medical responders (EMRs) are subject to the same workplace protections, legal immunities, and benefits currently afforded to other emergency medical personnel.
  • Entities receiving state funding must agree to comply with certain employment laws that are applicable to the entity.
  • Nevada Equal Rights Commission will consider whether antisemitism motivations exist when conducting religious creed discrimination claims.
  • Eligible employers must either register for Nevada’s new NEST Program or certify their exemption by September 1, 2025.

Discussion

Nevada’s legislative session concluded in June, passing several bills impacting employers and their employees. Key updates are summarized below.

 

AB 215 – Child Labor Restrictions

 

Effective October 1, 2025, AB 215 introduces new restrictions on the working hours of minors intended to align better with federal child labor standards. Specifically, the bill prohibits minors under 16 from working more than 40 hours in any one week (previously 48 hours) and prohibits any minor under 19 from working between the hours of 11 p.m. and 6 a.m. on any night immediately preceding a school day. There are some exceptions for minors holding positions like lifeguards, arcade employees, stage or theatrical employees, or minors who are working on a farm. Minors can also receive an exemption from their school district or juvenile court order.

 

The Nevada Labor Commissioner is required to publish an abstract of child labor laws, which employers are required to post in a visible location within the workplace.

 

AB 422 – Volunteers of Nevada Wing of the Civil Air Patrol

 

Effective October 1, 2025, AB 422 requires an employer to allow an employee who is a volunteer member of the Nevada Wing of the Civil Air Patrol to take leave for training or emergency missions without loss of position, seniority, or accrued leave or benefits.

 

AB 519 – Nonmedical Home Care Requirements

 

As of May 30, 2025, AB 519 established a new regulatory framework for agencies and organizations that provide nonmedical personal care services. This includes home-based personal care agencies, employment agencies that contract for nonmedical services, and intermediary service organizations. Under the law, these agencies are required to run criminal background checks on personal caregivers and provide workplace training for certain unlicensed caregivers and agency employees that is tailored to the nature of nonmedical care provided by the agency.

 

AB 523 – Revised Liability for Delivery Network Companies

 

Effective October 1, 2025, AB 523 revises the liability standards for certain “network delivery companies.” “Delivery network companies” are defined as businesses that use digital platforms to connect customers with drivers for delivery services. AB 523 says that these companies are not vicariously liable for any act or omission of a driver that results in harm to a person or property, provided the company does not control, direct, or manage the driver or the driver’s personal vehicle. To benefit from this liability shield, the company must also maintain a motor vehicle insurance policy that meets the minimum coverage requirements during the delivery service period.

 

SB 24 – Emergency Medical Responders

 

As of May 26, 2025, SB 24 establishes certification and regulation of emergency medical responders (EMRs) under state law. Specifically, this law extends to EMRs the same workplace protections, legal immunities, and benefits currently afforded to other emergency medical personnel, meaning they must now be treated as a formally recognized and regulated class of emergency personnel. Organizations employing or contracting with EMRs must ensure these individuals are properly certified and that their roles are integrated into existing emergency response protocols and workplace safety policies.

 

SB 162 – Compliance Required with Civil Rights Laws to Receive State Funding

 

Effective October 1, 2025, SB 162 requires an entity that is going to receive state funding to agree to comply with certain employment laws that are applicable to the entity. Specifically, under this new law, any entity that receives an appropriation of state money must formally agree to comply with a range of federal and state civil rights and employment laws, including but not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and related sections of state law. Importantly, SB 162 clarifies that this requirement applies only to state funds and does not extend to federal funds distributed by the state under federal mandates.

 

SB 179 – Review for Antisemitism Motivation in Labor Investigations

 

Existing state law prohibits discrimination in employment based upon race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry, and authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person or group based on these protected classifications. SB 179 will now require the NERC, when conducting an investigation into an alleged unlawful discriminatory practice based upon the religious creed of a person or group, to consider whether the practice was motivated by antisemitism. Under the law, “antisemitism” is defined by reference to the International Holocaust Remembrance Alliance, as a certain perception of Jews, which may be expressed as hatred toward Jews.

 

Reminder to Register or Certify Exemption for NEST Program

 

Nevada’s Employee Savings Trust (NEST) Program went live in June, following its enactment back in 2023. Effective immediately, eligible employers must either register for the program or certify their exemption by September 1, 2025. Eligible employers include those with six or more employees, in business for at least three years, and who do not offer a qualified retirement plan. The program is designed to minimize employer burden by eliminating fiduciary responsibilities, administrative costs, and the need to manage employee accounts. Instead, employers are tasked with facilitating payroll deductions into Roth IRAs, submitting employee data, and maintaining basic records through the NEST portal.

 

Action Items

  1. Review and update minor employment policies and practices.
  2. Prepare for expanded Civil Air Patrol Leave requests.
  3. Implement background checks and training for covered nonmedical care staff.
  4. Consult with legal counsel about certification of compliance with Civil Rights Laws when receiving state funding.
  5. Register or certify exemption for the NEST Program.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

New Hampshire: Legislative Update

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  • Effective July 1, 2025, HB 358 provides nursing mothers with an unpaid 30-minute break to express breast milk for every three hours of work and a private space to express breast milk.
  • Effective January 1, 2026, HB 2 requires employers with 20 or more employees to provide up to 25 hours of unpaid leave from work to attend medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption.

Discussion

New Hampshire employers with pregnant and nursing workers should be aware of two important new employee protections.

 

Accommodations for Nursing Mothers

 

Effective July 1, 2025, HB 358 provides nursing mothers with an unpaid 30-minute break to express breast milk for every three hours of work. This requirement goes further than the federal Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which only requires employers to provide reasonable break times for employees within the first year after childbirth. “Expression of milk” is defined to include initiation of lactation by manual or mechanical means.

 

Like the PUMP Act, employers must also provide a space to express breast milk. It cannot be a bathroom and must be shielded from view, clean, and free from intrusion from coworkers and the public. It also must be within reasonable walking distance. Employees are required to provide at last two weeks’ notice prior to needing the break periods and a space for expressing breast milk. Employers are permitted an exemption from the law’s requirements only in cases of undue hardship – which requires significant difficulty or expense in order to comply. The law was enacted in 2023, but employers with six or more employees were only required to comply as of July 1, 2025.

 

Childbirth Related Leave

 

Effective January 1, 2026, HB 2 requires employers with 20 or more employees to provide up to 25 hours of unpaid leave from work to attend medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption. Parents working for the same employer are entitled to take a cumulative of 25 hours. Employees are permitted to substitute paid vacation time or any other appropriate paid leave. The leave entitlement is also job protected. Employees must provide reasonable notice to the employer and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer. Employers can ask for documentation to ensure that the time is being taken for its intended purpose.

 

Action Items

  1. Review and update lactation accommodation policy to include unpaid break time of 30 minutes for every three hours of work.
  2. Designate a private area for expressing breast milk.
  3. Update leave policies to provide for childbirth-related leave.
  4. Have appropriate personnel trained on the requirements.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Ohio: Latest State to Add Mini-WARN Act

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September 29, 2025

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  • Effective September 29, 2025, HB 96 creates a new requirement for Ohio employers to provide 60 days’ advance notice to employees, unions, and certain government officials in the event of a mass layoff or plant closing.

Discussion

Effective September 29, 2025, HB 96 creates a new requirement for Ohio employers to provide 60 days’ advance notice to employees, unions, the State Director of Job and Family Services, and the chief elected official of both the municipal corporation and the county in the event of a mass layoff or plant closing. The new mini-WARN is modeled after the federal Worker Adjustment and Retraining Notification Act (WARN). It uses the definitions of employer, mass layoff, and plant closing provided in the federal WARN Act. It also requires a 60-day advance written notice period as provided by federal WARN. However, the Ohio Revised Code Section 4113.31 requires the notice to the union to contain:

 

  • The location of the facility affected by the plant closing or mass layoff;
  • A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
  • The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease; and
  • The total number of employees affected by the plant closing or mass layoff, including the employees’ job titles or positions and any department or division impacted.

 

If affected employees do not have an authorized representative, the notice must contain:

 

  • A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
  • The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease;
  • An indication as to whether an affected employee has bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights;
  • Information on how affected employees can access unemployment insurance benefits and other assistance programs;
  • The name, title, and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
  • Information about any available services for an affected employee, including job placement assistance, retraining programs, or counseling services.

 

The notice to the required government officials must include:

 

  • A description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for affected employees;
  • The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization; and
  • A copy of the notice provided to affected employees or their representatives, as applicable.

 

Action Items

  1. Consult with legal regarding Ohio and federal WARN notice requirements in the event of a mass layoff or plant closing.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Rhode Island: Legislative Update

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  • Effective January 1, 2026, HB 6066 increases the temporary disability insurance wage base to $100,000 from $38,000 and also increases weekly benefits.
  • Effective June 24, 2025, HB 6161 requires employers to provide workplace accommodations for applicants and employees experiencing menopause and related medical conditions.
  • Effective July 2, 2025, HB 5901/SB 576 updates the state’s hands-free driving law to include exceptions for using a GPS or navigation device while it is mounted for hands-free use or the use of a personal wireless communication device with a hands-free accessory or with the activation or deactivation of a feature or function with the motion of a single swipe or tap of the finger.
  • Effective July 2, 2025, HB 5506 bans employers from discharging, disciplining, or otherwise threatening to take any adverse employment action against an employee because the employee refused to attend an employer-sponsored meeting regarding the employer’s opinion concerning a religious or political matter or refused to listen to speech or view communications, including electronic communications from the employer intended to communicate the employer’s opinion concerning religious or political matters.
  • Effective July 1, 2025, SB 887 protects against disability discrimination in federally funded programs even if there is a change in federal law.
  • Effective July 1, 2025, SB 519 amends the state’s Fair Employment Practices Act to prohibit discrimination based on hairstyles.
  • Effective July 1, 2025, HB 5679 requires employers to provide a wage notice to employees at the start of employment.
  • Effective January 1, 2026, SB 829 expands the temporary caregiver insurance program to include benefits for participation as a bone marrow transplant donor or a living organ donor.
  • Effective January 1, 2026, SB 974 expands temporary caregiver insurance to provide for time off work to care for a sibling.
  • Effective August 17, 2025, the Rhode Island Department of Labor and Training (DLT) issued new regulations clarifying premium pay requirements and who must comply.

Discussion

The Rhode Island legislative session was a busy one for laws impacting employers and their employees. The Rhode Island Department of Labor and Training also published new rules clarifying premium pay required for work on Sundays and holidays. The most notable changes are summarized below.

 

Temporary Disability Benefits Changes

 

Effective January 1, 2026, HB 6066 increases the temporary disability insurance wage base to $100,000 from $38,000. Temporary disability weekly benefits will also increase to 4.62% of an individual’s wages in the highest-paid quarter of their wage base period. The percentage will increase to 5.38% in the 2027 benefit year and 5.77% in the 2028 benefit year and thereafter.

 

Menopause Protections

 

Effective June 24, 2025, HB 6161 requires employers to provide workplace accommodations for applicants and employees experiencing menopause and related medical conditions. The law amends the Rhode Island Fair Employment Practices Act, which requires reasonable accommodations for pregnancy, childbirth, and related medical conditions, to expressly include menopause. The definition of “related condition” is amended to include the need to manage the effects of vasomotor symptoms. Examples of vasomotor symptoms include, but are not limited to, hot flashes and night sweats. In addition to engaging in the interactive process with workers experiencing menopause, employers are also required to provide an employee, who gives them notice of menopause, with a written notice of the right to be free from discrimination for such condition within 10 days of notification.

 

Hands-Free Driving Update

 

Effective July 2, 2025, HB 5901/SB 576 updates the state’s hands-free driving law to include exceptions for using a GPS or navigation device while it is mounted for hands-free use or the use of a personal wireless communication device with a hands-free accessory or with the activation or deactivation of a feature or function with the motion of a single swipe or tap of the finger. Employers with workers who perform driving duties should ensure that workers are using approved hands-free devices in compliance with the law.

 

Captive Audience Meeting Ban

 

Effective July 2, 2025, HB 5506 bans employers from discharging, disciplining, or otherwise threatening to take any adverse employment action against an employee because the employee refused to attend an employer-sponsored meeting regarding the employer’s opinion concerning a religious or political matter or refused to listen to speech or view communications, including electronic communications from the employer intended to communicate the employer’s opinion concerning religious or political matters.

 

The law does not prohibit:

 

  • Communications the employer is required to provide by law;
  • Communications that are necessary for employees to perform their job duties;
  • Meeting with or participating in communications that are part of coursework, any symposia, or an academic program at an institution of higher education; and
  • Casual conversations between employees or the employer, provided that participation in the conversation is not required.

 

Violations of the law may result in injunctive relief, reinstatement, back pay and reestablishment of employee benefits, and reasonable attorneys’ fees and costs.

 

Disability Discrimination Protections

 

Effective July 1, 2025, SB 887 protects against disability discrimination in federally funded programs even if there is a change in federal law. The law specifically cites Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination based on disability in federally funded programs and activities. In the event Section 504 is repealed or invalidated, the state will continue to enforce the prohibition on discrimination in federally funded programs and activities. Employers with programs that receive federal funding should be aware that they will be expected to comply with the prohibition on disability discrimination in Rhode Island even if the federal government changes the requirements under the Rehabilitation Act.

 

CROWN Act

 

Effective July 1, 2025, SB 519 amends the state’s Fair Employment Practices Act to prohibit discrimination based on hairstyles. The definition of race is expanded to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles include, but are not limited to, hair texture or hairstyles commonly associated with a particular race or national origin, like hair that is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and afros.

 

Wage Notice Requirement

 

Effective July 1, 2025, HB 5679 requires employers to provide a wage notice to employees at the start of employment. The notice must include:

 

  • The rate or rates of pay including whether the employee is to be paid by the hour, shift, day, week, salary, piece, commission, or other method;
  • Allowances claimed for permitted meals and lodging;
  • Employer policy on sick, vacation, personal leave, holidays and hours;
  • Employment status and whether they are exempt from minimum wage or overtime;
  • A list of deductions to be made from pay;
  • Number of days in the pay period, regularly scheduled payday, and the payday on which the employee will receive the first payment of wages earned;
  • The legal name of the employer and operating name;
  • Physical address of employer’s main office or principal place of business; and
  • Phone number of employer.

 

A copy of the notice shall be retained along with an acknowledgement of receipt for a period of three years.

 

Bone Marrow and Organ Donor Leave

 

Effective January 1, 2026, SB 829 expands the temporary caregiver insurance program to include benefits for participation as a bone marrow transplant donor or a living organ donor. Benefits will include time needed for procedures, medical tests, and surgeries related to the donation, including no more than five business days of recovery from a bone marrow transplant or no more than 30 business days of recovery from a living organ donor transplant. A bone marrow transplant donor is an individual from whose body bone marrow is taken to be transferred to the body of another person. A living organ donor is an individual who donates all or part of an organ and is not deceased.

 

Leave to Care for a Sibling

 

Effective January 1, 2026, SB 974 expands temporary caregiver insurance to provide for time off work to care for a sibling. “Sibling” is defined as children with a common parent, including biological siblings, half-siblings, step-siblings, foster siblings, and adopted siblings.

 

New Premium Pay Regulations

 

Effective August 17, 2025, the Rhode Island Department of Labor and Training (DLT) issued new regulations clarifying premium pay requirements and who must comply. Existing law requires time-and-a-half pay for retail employees for work performed on Sundays and certain holidays. However, there was no clear definition of a retail employer. Under the new regulations, a retail business is “an establishment engaged primarily in the sale of goods or services directly to the general public. It operates at the end of the distribution chain, selling in small quantities to the ultimate consumer in a manner consistent with other consumer goods and services.” Expressly excluded from the definition are resale, wholesale, manufacturing, food preparation and sales, and other wholesale operations that service other businesses rather than customers. The advantage of a clear definition of retailer is that the retail employer can count this premium pay towards the calculation of overtime. Non-retailers must pay overtime and premium pay separately.

 

In addition to the new definition of retailer, the new regulations also delete the ability of the DLT to provide exemptions from the premium pay requirements. The DLT had this ability prior to the state legislature removing it in 2021. The new regulations now reflect this change by removing the process for requesting an exemption.

 

Action Items

  1. Review and update leave policies referencing the temporary caregiver insurance program, if applicable.
  2. Review and update accommodations policies.
  3. Review and update safe driving policies, if applicable.
  4. Consult with legal counsel regarding mandatory meetings involving religious or political matters.
  5. Update discrimination and harassment policies.
  6. Draft and provide required wage notice to employees upon start of employment.
  7. Update payroll processes for calculation of premium pay, if applicable.
  8. Have appropriate personnel trained on the requirements.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Tennessee: Civil Rights Enforcement Restructured

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All Employers with Employees in TN

EFFECTIVE

July 1, 2025

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  • Tennessee dissolved the Tennessee Human Rights Commission as of June 30, 2025.
  • The Civil Rights Enforcement Division within the state’s Attorney General’s Office now handles state-level employment discrimination complaints for private employers.

Discussion

In a significant shift for civil rights enforcement in Tennessee, HB 910/SB 861 dissolved the Tennessee Human Rights Commission (THRC) and transferred its enforcement duties to two separate agencies:

 

  • The Division of Civil Rights Enforcement (CRED) within the state’s Attorney General’s Office now handles enforcement of the Tennessee Human Rights Act (THRA) and Tennessee Disability Act (TDA) for private-sector employers.
  • The Tennessee Department of Human Resources (DOHR) is now responsible for ensuring state agencies comply with Title VI of the Civil Rights Act.

 

Effective July 1, 2025, employment discrimination complaints must be filed with CRED instead of the THRC, with a filing deadline of 180 days from the alleged incident. It is not yet confirmed whether CRED will enter into a work-sharing agreement with the EEOC, which would allow for dual filing and extend the EEOC filing deadline to 300 days.

 

The state Attorney General must appoint a Director of CRED, who will develop new procedures for filing, investigating, and resolving complaints under state law. It remains to be seen how CRED’s approach to enforcement may differ from that of the THRC.

 

Action Items

  1. Update complaint policies and procedures to reflect entity transitions.
  2. Have appropriate personnel trained on how to handle employee complaints.
  3. Monitor future developments between CRED and EEOC.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

Washington: Legislative Update

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As Indicated

EFFECTIVE

As Indicated

QUESTIONS?

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Quick Look

  • Effective July 27, 2025, SB 5501 prohibits employers from requiring a valid driver’s license as a condition of employment or for a job opening.
  • Effective January 1, 2026, SB 5041 now provides for unemployment benefits for workers on strike or who are locked out by their employer.
  • Effective June 13, 2025, Ordinance 127229 amends the Seattle Commute Trip Reduction Program to include remote employees in the definition of “affected employee” and modifies strategies for compliance.

Discussion

Washington employers should be aware of continued expansion of worker protections. Recent legislation changes are summarized below.

 

Driver’s License Restrictions 

 

Effective July 27, 2025, SB 5501 prohibits employers from requiring a valid driver’s license as a condition of employment or for a job opening. Employers can only request a valid driver’s license if driving is one of the essential job functions or is related to a legitimate business purpose for a position. Violations can result in statutory damages equal to actual damages or $5,000, whichever is greater. For a first violation, the civil penalty is $500. Repeat violations are $1,000 or 10% of damages, whichever is greater.

 

Unemployment Benefits for Strikers

 

Effective January 1, 2026, SB 5041 will provide unemployment benefits to workers on strike or who are locked out by their employer. Previously, unemployment benefits were expressly excluded for those workers. Benefits for striking workers begin after the disqualification period ends. The disqualification period ends the second Sunday after the strike begins or the date the strike ends, whichever is first. There is no disqualification period for locked out workers. The one-week waiting period applies to both groups of workers.

 

Striking workers can receive up to six weeks of benefits, while locked out workers can receive up to 26 weeks of benefits. If benefits are issued as the result of a strike, the Employment Security Department (ESD) will notify the employer of mediation services available through the Public Employment Relations Commission. Benefits paid will be charged to the experience rating account in the event of a strike for a “covered contribution paying base year employer.” If a contribution paying employer is charged benefits due to a strike, the ESD will determine whether the employer is eligible to make a voluntary contribution and provide notice to eligible employers of the ESD’s determination.

 

If an eligible employee also receives retroactive wages for any week where they received unemployment benefits, the ESD will issue an overpayment assessment to recover the benefits. If a court finds a strike to be unlawful, employees must also repay benefits received. The law is set to expire on December 31, 2035. The legislature is required to review the law and decide whether to renew it.

 

Seattle Commute Trip Reduction Program Changes

 

Effective June 13, 2025, Ordinance 127229 amends the Seattle Commute Trip Reduction Program to include remote employees in the definition of “affected employee” and modifies strategies for compliance. Remote employees are excluded from the definition if they live more than 150 miles from the worksite, go to the worksite once per year or less, and work from home or a site near home. The purpose of the program was to reduce traffic congestion and air pollution by providing alternatives to driving for commuters. Employers with 100 or more employees who report in-person, hybrid, or remotely to a work site between 6 a.m. and 9 a.m. and live within 150 miles of Seattle are required to:

 

  • Appoint an individual to act as an Employee Transportation Coordinator to be a primary contact between the employer and the city and administer the Commute Trip Reduction Program;
  • Submit a program report to the city for review and approval every two years;
  • Conduct a commuter survey once every two years to measure employees’ commute patterns; and
  • Exercise a good faith effort by collaborating with the city in its administration and implementation of the law.

 

The Ordinance also modifies the strategies a covered employer can implement in order to comply with the program. Under Category B, to ensure non-drive-alone commutes are preferable options, employers can provide employee financial assistance or company-owned assets for a hybrid or remote office setup or provide subsidies for scooter share, bike share, or other shared mobility employee memberships. Under Category C, for parking management, discouraging driving single-occupancy vehicles to the workplace by omitting parking subsidies must apply to at least 90% of affected employees in order to count towards a compliance strategy.

 

Action Items

  1. Review and update job descriptions and job postings to evaluate requirement for valid driver’s license.
  2. Discuss impacts to experience rating and voluntary contribution to the Unemployment Insurance Trust Fund with legal counsel, if applicable.
  3. Review and update Seattle Commute Trip Reduction Program compliance requirements, if applicable.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase

West Virginia: Legislative Updates

APPLIES TO

All Employers with Employees in WV

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • Employers no longer need work permits from the superintendent of schools for 14 and 15-year-old workers. Instead, employers must obtain written parental consent and an age certificate from the state Commissioner of Labor.
  • Employers are authorized to extend a voluntary hiring preference for military spouses.

Discussion

Elimination of Work Permits for 14 and 15-Year-Old Workers

 

As of July 11, 2025, SB 427 allows employers in West Virginia to hire 14 and 15-year-old minors without a traditional work permit from the minor’s superintendent of schools. Although the law eliminates the previous permit requirement, it replaces it with new documentation obligations aimed at maintaining oversight and youth worker protections.

 

Now, employers must obtain and retain written parental consent and an age certificate issued by the West Virginia Commissioner of Labor, which includes key information such as proof of age, school verification, and a job description. Both documents must be kept on file and made available upon request by enforcement officers. Employers must still adhere to all federal child labor laws, applying the stricter standard where discrepancies arise. Noncompliance may result in misdemeanor charges, fines between $50 and $1,000, and potential jail time for repeat violations.

 

Voluntary Hiring Preferences for Veterans and Military Spouses

 

As of July 9, 2025, HB 3083 permits West Virginia employers to voluntarily give hiring preference to military spouses without violating the West Virginia Human Rights Act. Employers previously had the option to extend this preference to veterans and disabled veterans. To apply this preference, employers must ensure that the candidate meets all required qualifications for the role, including relevant knowledge, skills, and eligibility criteria. A “military spouse” is defined as the husband or wife of an active-duty service member who has relocated under permanent change of station (PCS) orders. Employers who follow the statute’s conditions are shielded from discrimination claims related to this hiring preference.

 

Action Items

  1. Update hiring policies and forms for minor employees.
  2. Have appropriate personnel trained on voluntary hiring preferences.

 


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase