Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

November 2025 Voting Laws for Employer Reminders & Additional State Information

As we approach November 2025 NYS voting dates (see attached PDF for reminders), it is necessary for all organizations to review laws and regulations regarding voting leave laws.  I highly encourage all organizations to review current policies, procedures, and postings.  New York State has specific regulations on when postings need to be up in the workplace, in a breakroom or virtual.

Required Notices Across the U.S.:

“California, DC, and New York also require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically.

California

California requires the notice to be posted at least 10 days before the November 5 election, which is October 26, a Saturday. If you’re closed on Saturdays, we recommend posting or sending this notice by Friday the 25th.

The District of Columbia

DC requires that employers post a voting leave notice created by the DC Board of Elections (DCBOE) at least 60 days before the November 5 election—which is September 6. If you provide this notice electronically for remote employees, you need to get their acknowledgment of receipt. This election’s notice can be found in English and in other languages here. The DCBOE has a web page with additional information.

New York

New York requires the notice to be posted at least 10 working days before the November 5 election (this would be October 22 for a Monday through Friday workplace). New York’s notice is available here.”  (Mineral)

Example Policy:

“Employees will be considered to have sufficient time to vote outside their scheduled work hours if they have four consecutive hours between the polls opening and the beginning of their work shift, or four hours after the polls close.  Employees who need time to vote need to communicate the request to HR or management prior to the day of voting, per New York State and federal law.  PTO time can be used for time off to vote.” 

New York State Time Off to Vote 2020 Legislation:

New York State Election Law (As amended by Chapter 56 of the Laws of 2020) § 3-110.

Time allowed employees to vote.

  1. If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to vote on any day at which he or she may vote, at any election, he or she may, without loss of pay for up to two hours, take off so much working time as will, when added to his or her voting time outside his or her working hours, enable him or her to vote.
  2. If an employee has four consecutive hours either between the opening of the polls and the beginning of his or her working shift, or between the end of his or her working shift and the closing of the polls, he or she shall be deemed to have sufficient time outside his or her working hours within which to vote. If he or she has less than four consecutive hours he or she may take off so much working time as will, when added to his or her voting time outside his or her working hours enable him or her to vote, but not more than two hours of which shall be without loss of pay, provided that he or she shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.
  3. If the employee requires working time off to vote the employee shall notify his or her employer not more than ten nor less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section.
  4. Not less than ten working days before every election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.
  5.  

ATTENTION ALL EMPLOYEES Time allowed employees to vote on election day

N.Y. ELECTION LAW SECTION 3-110i states that:

  • IF YOU DO NOT HAVE 4 consecutive hours to vote, either from the opening of the Polls to the beginning of YOUR WORKING shift, or between the end of your working shift and the closing of the polls, YOU MAY TAKE OFF UP TO 2 HOURS, without loss of pay, TO ALLOW YOU TIME TO VOTE if you are a registered voter.
  • You may take time off at the beginning or end of your working shift, as your employer may designate, unless otherwise mutually agreed.
  • YOU MUST NOTIFY YOUR EMPLOYER Not less than 2 days, but not MORE THAN 10 days, before THE DAY OF THE ELECTION THAT YOU WILL TAKE TIME off to vote.

Revised 4.14.2020

i Employers: Not less than ten working days before any Election Day, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this law. Such notice shall be kept posted until the close of the polls on Election Day

New York State Employer Posting Link (10 Working Days)

Current State of Pennsylvania Voting Leave Legislation:

  1. “Time off Allotted: The statute does not provide for any period of leave. It is unlawful for a person to use force, violence, restraint, or to inflict or threaten to inflict injury, damage, harm or loss on a person to induce or compel such person to vote or refrain from voting.”[i]

[i] https://www.dorsey.com/~/media/files/newsresources/publications/2008/10/employee-time-off-on-election-day-a-statebystate__/files/election-guide/fileattachment/election-guide.pdf

State Laws

Here’s a list of jurisdictions that require time off for voting:

  • Alabama.
  • Alaska.
  • Arizona.
  • Arkansas.
  • California.
  • Colorado.
  • Connecticut.
  • District of Columbia.
  • Georgia.
  • Illinois.
  • Iowa.
  • Kansas.
  • Kentucky.
  • Maryland.
  • Massachusetts.
  • Minnesota.
  • Missouri.
  • Nebraska.
  • Nevada.
  • New Mexico.
  • New York.
  • North Dakota.
  • Ohio.
  • Oklahoma.
  • South Dakota.
  • Tennessee.
  • Texas.
  • Utah.
  • West Virginia.
  • Wisconsin.
  • Wyoming.

Additional Information

State of Pennsylvania Draft Organizational Policy (this is an example):

“Organization ________believes that it is the responsibility and duty of employees to exercise the privilege of voting in elections. In accordance with this philosophy, the company will grant its employees approved time off to vote if necessary due to work schedules.

Time Off for Voting:

All employees should be able to vote either before or after regularly assigned work hours. However, when this is not possible due to work schedules, managers are authorized to grant a reasonable period of time, up to three hours, during the workday to vote. Time off for voting should be reported and coded appropriately on timekeeping records.”[i][ii]

https://www.paylocity.com/resources/library/articles/state-voting-leave-laws/

[Company Name] believes that it is the responsibility and duty of employees to exercise the privilege of voting in elections. In accordance with this philosophy, the company will grant its employees approved time off to vote if necessary due to work schedules and for periods of service as an election official.

Time Off for Voting

All employees should be able to vote either before or after regularly assigned work hours. However, when this is not possible due to work schedules, managers are authorized to grant a reasonable period of time, up to [insert number] hours, during the work day to vote. This time off will be [with/without] pay. Time off for voting should be reported and coded appropriately on timekeeping records.

Time Off for Election Service

Employees who are chosen to serve as election officials at polling sites will be permitted to take required time off to serve in this capacity. Employees who are chosen to act as election officials must notify their manager a minimum of [insert number] days in advance of their need for time off in order to accommodate the necessary rescheduling of work periods. Employees must report time engaged as an election official and code this time accordingly on timekeeping records. 

Purpose/Objective

[Company Name] encourages all employees to accept their civic responsibilities, and as a good corporate citizen, the company is pleased to assist employees in the performance of their civic duties. The company provides a reasonable amount of time off, including up to two hours of paid time off, to employees whose work schedules do not provide sufficient time on an election day to vote.

Eligibility

In circumstances where an employee’s work schedule does not provide sufficient time to vote on an election day, the company will provide a reasonable amount of time off during scheduled work time, including up to two hours of paid time off, for employees to vote. Employees who need time off to vote should notify [their supervisors/human resources/other job title] at least two days prior to election day. The company reserves the right in its sole discretion to specify a time period during which the polls are open for employees to leave work to vote.

Procedures

Employees requesting leave under this policy should comply with the following requirements:

  1. Notify [their supervisors/human resources/other job title] at least two days prior to election day of the need for time off to vote.
  2. Coordinate the time off with [their supervisors/human resources/other job title] prior to election day to ensure as little disruption as possible in the flow of work.

For more information about this policy, employers should contact [their supervisors/human resources/other job title].

[i] https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_009836.aspx

[ii] Burr Consulting, LLC Article 11.2018

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

Halloween Costume Reminders in the Workplace- Tis the Season

Tis the season for Halloween decorations, office parties and costumes. Holiday parties can be a terrific opportunity for employee engagement, communication, team building and simply having fun with coworkers. There are tremendous benefits to gatherings such as this in the workplace. However, we should recognize when decorations, parties or costumes go awry, we will need to address these concerns. Not all employees want to participate in decorating the office, participate in the office party or wear a costume to work (me included). Leaders need to recognize that workplace rules and dress code policies still exist, while maintaining workplace professionalism. Have fun but be accountable.

Below are my 4 thoughts on Halloween pitfalls:

  1. Manger and Supervisor Training: “Some employees may be offended or even afraid to celebrate something they associate with evil, and supervisors need to be sensitive to that…Any parties, department decorations or costume contests should be clearly presented as voluntary, and equal support should be given to those who don’t participate and those who do.”[i]
  • What Dress Code: “People magazine and Amazon have identified some popular 2018 Halloween costumes that raise red flags:
  1. An inflatable, giant “poop” emoji.
  2. A President costume, complete with a garish, comb-over wig.”[ii]

Halloween parties, costume events and even athletic jersey days allow employees to depart from the normal dress code we normally expect at work. However, the dress code policy still needs to be enforced. Advice from SHRM is a simple metric, employees should be covered from shoulders to knees. Organizations should give examples of appropriate and inappropriate costumes, jerseys, or other dress down days to ensure adherence to the dress code and to proactively avoid any future pitfalls. What if an employee violates the policy? Simple, send them home to change or ask them to cover the inappropriate attire. Coach and council or discipline as needed. Set the example and hold set the standard.

  • Halloween Decorations: “Generally speaking, I would not advise companies to decorate,” Wilson said. “If employees want to put a small pumpkin on their desk, which can be a personal decision, but perhaps send an e-mail advising all employees that any gruesome or graphic or otherwise distracting decor is not allowed… witches, demons and goblins can be unprofessional and potentially offensive to co-workers and customers.”[iii] 
  • Is this Mandatory: The organization should make clear that participation in any Halloween festivities; decorating, party or costumes will be voluntary, and no forced participation.

Seasonal parties can be a magnificent event for team building, communication and having fun as an organization. As leaders, we still need to enforce rules and ensure there are no issues related to inappropriate decorations, dress code violating costumes and/or mandatory parties. Communicate expectations and hold everyone accountable. The tone is always set at the top.

The AI Answer: Halloween Costume Recommendations for Employers in the Workplace

When selecting Halloween costumes for the workplace, it’s important to balance fun with professionalism and respect for diverse beliefs. Here are some key recommendations and ideas:

General Guidelines for Employers

  • Make participation optional: Not everyone may want to dress up due to personal, cultural, or religious reasons, so avoid making costume-wearing mandatory 
  • Set clear guidelines: Ensure costumes are appropriate, non-offensive, and respectful to all employees. Avoid costumes that could be seen as controversial or culturally insensitive.
  • Encourage creativity within professionalism: Costumes should be playful but polished enough to maintain a professional atmosphere.

Work-Appropriate Costume Ideas

  • Classic and easy costumes:
    • Rosie the Riveter — simple with a headscarf, button-down shirt, and a flexed arm pose.
    • Wednesday Addams — black dress with a white collar and braids 
  • Punny or themed costumes:
    • “Smart Cookie” (wear a cookie-themed outfit with glasses or a graduation cap).
    • ’80s Pac-Man or other nostalgic office-themed costumes.
  • Simple and subtle:
    • Dressing as a mime is a foolproof, office-friendly option.
    • Costumes inspired by popular but non-scary characters like the M3gan doll can be conversation starters without being disruptive.
  • Last-minute and easy:
    • Many costumes can be put together quickly with items you already have, making them perfect for spontaneous office celebrations.

Final Tips

  • Encourage costumes that foster team spirit and inclusiveness.
  • Consider hosting a costume contest with categories like “Most Creative” or “Best Group Costume” to engage employees.
  • Remind everyone to keep costumes safe and comfortable for a work environment.

By following these guidelines and ideas, employers can create a festive, inclusive, and enjoyable Halloween atmosphere at work!

Halloween in the Workplace: 10 Do’s and Don’ts

  1. Communicate a clear intention for the festivities. You can’t plan for everything that may come up during a Halloween celebration. There’s always a chance something unexpected might happen (like the Hulk picking up co-workers), and somebody might get upset—or worse. To avoid Halloween nightmares, be sure to clearly express an intention of creating connection through a secular and respectful approach to Halloween in the office and be prepared to listen to people’s different perspectives about whatever plans you make.
  2. Involve employees in Halloween planning. “Organizations should trust employees enough to include them in defining guidelines and ground rules for any Halloween celebration, asking employees to use common sense in their decisions around costumes and celebrations,” said author and HR guru David Ulrich. For example, your organization could set up a celebration committee to brainstorm party ideas, define and communicate guidelines, and manage the party budget.
  3. Let people opt out. Allow people who want to opt out of festivities to work from home that day or otherwise be away from the distractions of your Halloween happenings. “Expecting someone to put their head down and work quietly in their cubicle while an office Halloween celebration goes on around them is unrealistic,” DeFee said. 
  4. Set guardrails around costumes. Halloween is a time to have fun, not get political or religious or push any other agenda. So, reinforce that costumes must meet work safety requirements and comply with your dress code. It might help to set a theme for costumes, such as video game characters or superheroes. If people are wearing costumes all day in the office, they should also be able to do their jobs while in costume. “Dressing up in the office is fun, but it shouldn’t distract people from doing their work,” Ulrich explained. Emphasize to each employee that even on Halloween, the basics of mutual respect still apply in the office, including wearing attire that does not malign or making fun of any protected group. It’s a good idea to provide specific examples of Halloween costumes that comply with your dress code, as well as those that cross the line.
  5. Have costume contests, with prizes. Try breaking the contest into categories such as best monster or superhero costume, most creative team/couple’s costume, or best historical figure costume. The prizes might be company clothing, coffee mugs or other branded swag.
  6. Host Halloween-related team trivia, with prizes. Maybe offer quotes from scary films and ask teams to name the film or ask questions about monsters or places associated with Halloween (such as Salem, Mass., or Transylvania). Good Halloween trivia is just an online search away.
  7. Decorate the office by theme or area. “One organization I worked with did a ‘trick-or-treat street’ with different floors/areas of their office decorated in a different Halloween-related theme, such as the wild west, space, and Jurassic Park/dinosaurs,” DeFee said.
  8. Offer Halloween-related food options. Food choices could involve potluck-style where employees bring in their own dishes, or the organization could provide breakfast or lunch that includes holiday-themed fare such as pumpkin muffins and apple cider. 
  9. Have fun and be responsible and respectful. The goal of celebrating Halloween in the office isn’t to scare or trick people, but to treat them to some Halloween-themed camaraderie that enhances the employee experience. Keep the atmosphere of fun at the forefront.
  10. Release ’em early. Make sure you end Halloween-related office activities early in the afternoon to give your people enough time to get home for trick-or-treating. (SHRM)

[i] https://www.shrm.org/hr-today/news/hr-magazine/pages/1015-solutions.aspx

[ii] https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/halloween-at-work-2018.aspx

[iii] https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/halloween-at-work-2018.aspx

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

Unemployment Benefits Increase 72% in New York, Effective October 1, 2025

As of October 1, 2025, the maximum weekly unemployment benefit in New York will increase from $504 to $869. This is the first increase since 2019, as the state’s unemployment trust fund had a federal debt from the COVID-19 pandemic. 

Key details about the unemployment increase:

·        Maximum weekly benefit: The cap will be raised to $869, an increase of over 70%.

·        Effective date: October 1, 2025.

·        Funding and trust fund: The 2025 state budget included using up to $8 billion from rainy-day funds to pay off the federal debt and return the trust fund to solvency.

·        Benefit indexing: After the initial increase, the maximum benefit will be indexed annually at 50% of the state’s average weekly wage.

·        Employer tax relief: Paying off the federal debt will also eliminate the annual “Interest Assessment Surcharge” for New York businesses.

·        Striking workers: The budget agreement reduces the waiting period for striking workers to receive unemployment benefits from three weeks to two. 

https://dol.ny.gov/unemployment-insurance-ui-trust-fund-faq
https://www.governor.ny.gov/news/governor-hochul-and-business-and-union-leaders-celebrate-new-york-state-paying-multi-billion

2023 New York State Unemployment Notice Requirement

Beginning November 13, 2023, the law will require every employer who is obligated to contribute to the unemployment insurance system to notify their employees about their right to apply for unemployment benefits, when applicable.

That statute will now require employers to provide specific notifications to employees regarding their potential eligibility for unemployment benefits.

New York employers have already been expected to provide employees with a Record of Employment upon separation, the law will now require notification in more situations that don’t necessarily involve termination of employment.

When Is the Unemployment Notice Required?

Employers must provide this unemployment notice:

  • At the time of each permanent or indefinite separation from employment.
  • During a reduction in hours.
  • During a temporary separation.
  • For any other interruption of continued employment resulting in total or partial unemployment.

Unfortunately, the above terms are not specifically defined in the amended statute.

What Should the Unemployment Notice Include?

The required notice must be in writing and should be on a form either furnished or approved by the New York Department of Labor.

The notice must contain:

  1. Employer’s Details: This includes the employer’s name and registration number.
  2. Address for Communication: The notice should specify the address of the employer to which any request for remuneration and employment information regarding the employee should be directed.
  3. Additional Information: Any other information as required by the Department of Labor should also be included.

So far, the DOL has not yet released the required notice form. It is hoped that when it does so, the DOL will better explain the circumstances where notice must be provided short of permanent employment separation.

Implications for Employers

This new unemployment notice provision emphasizes the state’s commitment to ensuring that employees are well-informed about their rights. For employers, it means:

  • Being Proactive: Employers should be ready with the required forms and processes in place by November 13, 2023.
  • Training HR Teams: HR teams should be trained to understand the nuances of the new unemployment notice provision and ensure compliance.
  • Avoiding Penalties: Non-compliance could lead to negative consequences regarding unemployment claims. It’s crucial for employers to adhere to these new unemployment notice requirements diligently. (Horton PLLC)

NYS Assembly Bill

NYS Unemployment Website

Advice on Fighting Unemployment Claims

When Should Employers Contest Unemployment Claims?

  • Serious Misconduct or Voluntary Quit:
    Employers should generally only contest claims if the employee was terminated for serious misconduct (such as theft, violence, or repeated policy violations) or if the employee quit without a compelling reason. Contesting claims in other situations can be time-consuming and may not be successful.
  • Clear Documentation:
    Only proceed if you have solid documentation supporting your case, such as written warnings, termination letters, or evidence of policy violations.

Why Employers Should Rarely Fight Claims

  • Cost vs. Benefit:
    While unjustified claims can increase your unemployment insurance costs, fighting every claim is rarely cost-effective. Most HR experts recommend contesting only in clear-cut cases of misconduct or fraud.
  • Employee Relations:
    Aggressively contesting claims can harm your reputation and employee morale. It’s often better to reserve challenges for the most egregious cases.

How to Contest an Unemployment Claim

  1. Respond Promptly:
    When you receive notice of a claim, respond within the required timeframe and provide all requested information.
  2. Present Evidence:
    Be prepared to present evidence that the employee was terminated for misconduct or quit without good cause. This may include documentation of the employee’s duties, violations, and any warnings given.
  3. Participate in Hearings:
    If the claim is appealed, you may need to participate in a hearing. Bring witnesses and documentation to support your case.
  4. Be Honest and Consistent:
    Ensure all statements and evidence are truthful and consistent with previous records. Inconsistencies can undermine your credibility.

Best Practices

  • Maintain Thorough Records:
    Keep detailed records of employee performance, disciplinary actions, and reasons for separation.
  • Evaluate Each Case Individually:
    Assess the merits of each claim before deciding to contest. Blanket opposition to all claims is discouraged.
  • Consult Legal or HR Experts:
    When in doubt, seek advice from HR professionals or legal counsel to ensure compliance with state laws and best practices.
StateMaximum Unemployment BenefitState Agency Website and Phone Number
Alabama$275/weekAlabama DOL
(334)242-8025
Alaska$370/weekAlaska DOL
(907)269-4700
Arizona$240/weekArizona: How to Apply for UI
(877)600-2722
Arkansas$451/weekArkansas DOL
(501)682-2121
California$750/week through September 6, 2021
After this, it will come down to $451/week		California DOL
1(800)300-5616
Colorado$918/week through September 6, 2021
After this, it will come down to $618/week		Colorado DOL
(303)318-8000
Connecticut$949/week through September 6, 2021
After this, it will come down to $649/week		Connecticut DOL
(203)941-6868
Delaware$700/week through September 6, 2021
Then it will come down to $400/week		Delaware DOL
1(800)794-3032
D.C.$744/week through September 6, 2021
After this, it will come down to $444/week		D.C. DOES
(202)724-7000
Florida$275/weekFlorida DEO
1(833)352-7759
Georgia$365/weekGeorgia DOL
1(877)709-8185
Hawaii$948/week through September 6, 2021
After this, it will come down to $648/week		Hawaii DOL
Oahu: (808)586-8970
Hilo: (808)974-4086
Kona: (808)322-4822
Maui: (808)984-8400
Kauai: (808)274-3043
Idaho$463/weekIdaho DOL
(208)332-8942
Illinois$784/week through September 6, 2021
After this, it will come down to $484/week		Illinois DES
1(800)244-5631
Indiana$690/week through September 6, 2021
After this, it will come down to $390/week		Indiana DOL
1(800)891-6499
Iowa$481/weekIowa Workforce Development
1(866)239-0843
Kansas$788/week through September 6, 2021
After this, it will come down to $488/week		Kansas DOL
1(800)292-6333
Kentucky$852/week through September 6, 2021
After this, it will come down to $552/week		Kentucky Career Center
(502)875-0442
LouisianaLouisiana Workforce Commission
1(866)783-5567
Maine$745/week through September 6, 2021
After this, it will come down to $445/week		Maine DOL
1(800)593-7660
Maryland$730/week through September 6, 2021
After this, it will come to $430/week		Maryland DOL
Contact Info
Massachusetts$1,123/week through September 6, 2021
After this, it will come down to $823/week		Mass DUA
1(877)636-6800
Michigan$662/week through September 6, 2021
After this, it will come down to $362/week		Michigan Department of Labor and Opportunity
Contact Info
Minnesota$1,040/week through September 6, 2021
After this, it will come down to $740/week		Minnesota Unemployment Insurance
1-877-898-9090
Mississippi$235/weekMississippi DES
601-321-6000
Missouri$320/weekMissouri DOL
Contact Info
Montana$872/week through June 27, 2021
After this, it will come down to $552/week		Montana Unemployment Insurance Division
406-444-2545
Nebraska$440/weekNE Works
855-995-8863
Nevada$769/week through September 6, 2021
After this, it will come down to $469/week		Nevada DOL
Contact Info
New Hampshire$427/weekNew Hampshire Workforce Connect
1(800)852-3400
New Jersey$1,013/week through September 6, 2021
After this, it will come down to $713/week		New Jersey DOL
Contact Info
New Mexico$811/week through September 6, 2021
After this, it will come down to $511/week		New Mexico Workforce Connection
Contact Info
New York$804/week through September 6, 2021
After this, it will come down to $504/week		New York DOL
1(888)581-5812
North Carolina$650/week through September 6, 2021
After this, it will come down to $350/week		North Carolina DES
1(888)737-0259
North Dakota$618/weekNorth Dakota DOL
(701) 328-4995
Ohio$498/weekOhio Department of Job and Family Services
1(877)644-6562
Oklahoma$539/weekOklahoma ESC
1(800)555-1554
Oregon$973/week through September 6, 2021
After this, it will come down to $673/week		Oregon Employment Department
1(877)345-3484
Pennsylvania$872/week through September 6, 2021
After this, it will come down to $572/week		Pennsylvania Office of Unemployment Compensation
Contact Info
Rhode Island$886/week through September 6, 2021
After this, it will come down to $586/week		Rhode Island DLT
(401)415-6772
South Carolina$326/weekSouth Carolina Department of Employment and Workforce
1(866)831-1724
South Dakota$428/weekSouth Dakota Department of Labor & Regulation
(605)626-2452
Tennessee$275/weekTennessee Department of Labor & Workforce Development
1(877)813-0950
Texas$535/weekTexas Workforce Commission
1(800)628-5115
Utah$580/weekUtah Workforce Services
(801)526-9675
Vermont$831/week through September 6, 2021
After this, it will come down to $531/week		Vermont DOL
1(877) 214-3332
Virginia$678/week through September 6, 2021
After this, it will come down to $378/week		Virginia Employment Commission
Contact Info
Washington$1,144/week through September 6, 2021
After this, it will come down to $844/week		Washington Employment Security Department
1(800)318-6022
West Virginia$424/weekWorkforce West Virginia
1(800)379-1032
Wisconsin$670/week through September 6, 2021
After this, it will come down to $370/week		Wisconsin Department of Workforce Development
(608) 266-3131
Wyoming$508/weekWYUI
(307)473-3789

If the employee is the one asking for time off, though, the requirement is not triggered. This can include a leave of absence, vacation, parental leave, personal leave, or any other type of paid or unpaid leave.

https://gusto.com/resources/articles/benefits/covid-state-unemployment-insurance-benefits

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

2025-2026 Employee Handbook Review & Updates

  1. Remote Work Policies
    With remote and hybrid work becoming more common, updating policies to clearly define expectations, eligibility, and equipment use is essential.
  2. Anti-Harassment and Discrimination Practices
    • Incorporate updated anti-harassment policies reflecting recent legal developments.
    • The EEOC is focusing on discrimination claims related to hair texture and style, so grooming and dress code policies should be reviewed and updated accordingly .
    • Use inclusive language throughout the handbook, such as gender-neutral pronouns (they/them), to foster inclusivity 
  3. Employee Classifications and Wage Laws
    • Review classifications under the Fair Labor Standards Act (FLSA) to ensure proper exemption status.
    • Stay current with state-specific wage and hour laws, including paid time off and leave policies 
  4. Paid Family and Medical Leave
    • Be aware of state-specific changes, such as Maryland delaying its Paid Family and Medical Leave program contributions until July 1, 2025, with benefits starting July 1, 2026 
  5. Pregnancy Accommodations
    • Update policies to comply with evolving pregnancy accommodation laws and ensure clear procedures for requesting accommodations.
  6. State-Specific Legal Changes
    • California employers should note changes affecting non-discrimination, leave, and vacation policies effective January 2025.
    • New York and New Jersey employers must incorporate recent federal and state legal developments into their handbooks .
  7. Company Culture and Compliance Balance
    • While compliance is critical, also ensure the handbook reflects your organization’s culture and values to engage employees effectively 
  8. General Policy Reviews
    • Regularly review key policies such as leave, attendance, workplace conduct, and disciplinary procedures to maintain compliance and clarity.

New York State Handbook Review & Update Considerations

  1. Paid Family Leave and Paid Sick Leave:
    New York State has been expanding its paid family leave and paid sick leave laws. Ensure your handbook reflects the latest eligibility, benefits, and procedures for requesting leave under these laws.
  2. Minimum Wage and Overtime Rules:
    New York State and many localities (e.g., NYC, Long Island) have scheduled minimum wage increases. Confirm that wage policies and overtime eligibility align with the current rates and thresholds effective in 2025-2026.
  3. Anti-Discrimination and Harassment Policies:
    Updates to reflect any new protected classes or changes in reporting procedures under New York State Human Rights Law and recent case law. Training requirements for harassment prevention may also have changed.
  4. Workplace Safety and COVID-19 Policies:
    While COVID-19 emergency rules have relaxed, some employers maintain policies on vaccination, testing, or remote work. Review any state or local health guidance that might affect workplace safety protocols.
  5. Employee Classification and Wage Transparency:
    New York has laws addressing gig workers, independent contractors, and wage transparency. Ensure handbook language clarifies employee status and complies with disclosure requirements.
  6. Leave for Voting, Jury Duty, and Military Service:
    Confirm that leave policies comply with New York State laws protecting these rights.
  7. Use of Technology and Social Media:
    Update policies on acceptable use of company devices, data privacy, and social media conduct, reflecting evolving norms and legal standards.

This is a shortlist of potential sections to review and revise in most employee handbooks.  Continue to review local and state changes as well, when reviewing and updating employee handbooks.  Communication, training and setting the expectations is necessary with any organizational change, including employee handbooks.

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

The EEOC and Fair Employment Practice Agencies (FEPAs) “Work Sharing Agreement”

“Many states, counties, cities, and towns have their own laws prohibiting discrimination, as well as agencies responsible for enforcing those laws. We call these state and local agencies “Fair Employment Practices Agencies” (FEPAs). Usually the laws enforced by these agencies are similar to those enforced by EEOC.”[i]   States and cities (including New York State and New York City) have entered into a work sharing agreement with the EEOC.  What does this mean for our organizations?  Does it have an impact on how we should operate or how we manage workplace allegations and investigations?

Work Sharing Agreements:

  1. Under these terms, both the EEOC and state authority (NYS Division of Human Rights) or City (NYC) can designate the other as its agent for receipt of charges.
  • What does this mean?  If a charge is received by one partner under the agreement, it is deemed received by the other.
  • “Moreover, these agreements typically proved that the state entity can waive its rights to process such a charge referred to it by the EEOC, which as the effect of permitting the federal agency to process the charge without waiting for the 60-day period to expire.
  • Many such agreements have an automatic waiver provision, which means that as soon as the charge is filed with the EEOC, the EEOC can begin processing it without going through the motions of referring it back to the state authority.
  • It also means that the grievant need not file with the state agency within 240 days of the unlawful practice, but, instead, has a full 300 days within which to take the initial step of filing a charge with the federal agency.”[i]
  • “You can file your charge with either the EEOC or with a Fair Employment Practices Agency.  If the charge is initially filed with EEOC and the charge is also covered by state or local law, EEOC dual files the charge with the state or local FEPA (meaning the FEPA will receive a copy of the charge), but ordinarily retains the charge for processing.
  • If a FEPA has a contract with EEOC, a Charging Party may request that the EEOC review the determination of the FEPA. EEOC will conduct a review only if the request is submitted in writing within fifteen (15) days of receipt of the FEPA’s determination.”[ii]

Confused yet?  To summarize, New York State and New York City have a working agreement with the EEOC, if a charge is filed, it is sent with the state or city, it is sent to the EEOC as well, if it falls within the 300-day requirement, under current federal law.  “The EEOC contracts with approximately 90 FEPAs nationwide to process more than 48,000 discrimination charges annually.”[iii]

EEOC State and Local Agencies Work Sharing Link

Fair Employment Practices Agencies (FEPAs) and Dual Filing

Summary of the Agreement’s Impact

In summary, New York State and New York City have a working agreement with the EEOC. If a charge is filed, it is shared with both the state or city agency and the EEOC, provided it falls within the 300-day requirement under current federal law. The EEOC contracts with approximately 90 FEPAs nationwide to process more than 48,000 discrimination charges annually.

Implications for Organizations

So, what does all of this mean for organizations operating in areas with work sharing agreements? Here are some key implications:

  • Awareness of Extended Filing Deadlines: Organizations must be aware that employees have 300 days to file a charge with the EEOC, even if the state or local filing deadline is shorter. This extended timeframe can impact internal investigation timelines and record retention policies.
  • Potential for Dual Investigations: While the EEOC typically retains the charge for processing, organizations should be prepared for the possibility of parallel investigations by both the EEOC and the relevant FEPA. Coordination with legal counsel is crucial in such situations.
  • Importance of Thorough Internal Investigations: Given the potential for charges to be filed with either the EEOC or a FEPA, organizations should conduct thorough and impartial internal investigations of any workplace allegations of discrimination or harassment. A well-documented investigation can be a valuable defense in the event of a formal charge.
  • Review of Policies and Procedures: Organizations should review their anti-discrimination and harassment policies and procedures to ensure they are up-to-date and compliant with both federal and state/local laws. This includes ensuring that employees are aware of their rights and responsibilities under these laws.
  • Training for Managers and Employees: Regular training for managers and employees on anti-discrimination and harassment laws is essential. This training should cover topics such as recognizing and preventing discrimination, handling complaints, and conducting investigations.
  • Consistent Application of Policies: It is crucial to apply policies and procedures consistently across the organization. Inconsistent application can lead to claims of discrimination and undermine the organization’s defense in the event of a charge.
  • Documentation: Maintain thorough and accurate records of all complaints, investigations, and disciplinary actions. This documentation can be critical in defending against discrimination charges.
  • Legal Counsel: Consult with legal counsel experienced in employment law to ensure compliance with all applicable federal, state, and local laws. Legal counsel can also provide guidance on handling specific charges and investigations.

[i] Joel Wm. Friedman, Examples & Explanations: Employment Discrimination. Third Edition (Wolters Kluwer 2017).

[ii] https://www.eeoc.gov/employees/fepa.cfm

[iii] https://www.eeoc.gov/field/newyork/fepa.cfm

[i] https://www.eeoc.gov/employees/fepa.cfm

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

The Vicarious Liability Doctrine & Infliction of Emotional Distress

Is the employer liable for an employee’s conduct in or outside the workplace?  Vicarious liability is the legal term outlining when an employer or principle is held liable for the wrongful acts committed by the employee, manager, supervisor, etc. within the scope of employment.  Defined in the California court system, as follows:

“Under the respondent superior doctrine, an employer may be vicariously liable for torts committed by an employee.  The rule is based on the policy that losses caused by the torts of employees, which as a practical matter are certain to occur in the conduct of the employer’s enterprise should be placed on the enterprise as a cost of doing business.”  (Kephart v. Genuity, Inc. (2006) 136 Cal.App.4th 280)

The answer is yes, the employer can be held liable for the actions of its managers, supervisors and employees.  The three primary reasons for implementing and ruling on this doctrine, is to prevent reoccurring conduct, greater assurance of compensation to the victim and to ensure equitable settlements to the victim. 

The courts have defined the course and scope of employment, to include:

  • Intent of the employee;
  • Nature, time and place of the employee’s conduct;
  • Type of work the employee was hired to do;
  • Incidental acts the employer should reasonably expect the employee to do;
  • Amount of freedom allowed to the employee in performing his or her duties; and
  • Amount of time consumed in the personal activity.

Infliction of emotional distress allows an employee to recover damages when the employer acts wrongfully; public policy violation or termination because of a disability. Employers can terminate someone legally.  If the organization terminates someone in an impermissible manner, they can be held liable for infliction of emotional distress with the past employee or even potentially a spouse if the emotional distress spills over outside of the workplace.  Courts have outlined four elements of an emotional distress tort:

  1. The defendant’s conduct was extreme and outrageous, beyond all bounds of human decency,
  2. The defendant intended to cause severe emotional distress to the plaintiff, or acted in disregard of a high probability that its conduct would inflict such harm,
  3. The defendant proximately caused emotional distress to the plaintiff, and
  4. The emotional distress was so severe that no reasonable person could be expected to endure.

A plaintiff’s success on an emotional distress story usually hinges on his or her ability to prove the first and fourth elements.  (Understanding Employment Law, 2nd Edition)

Thoughts and Suggestions:

  1. Review and Update Policies, Procedures and/or Employee Handbook
  2. Communicate expectations to the entire workforce
  3. Hold a separate training for managers and supervisors, they need to understand that they are held to a higher standard in the workplace
  4. Conduct Annual Training’s on Policies, Using Examples and Situations
  5. Consistently enforce policies and procedures throughout the organization
  6. If you have traveling employees, reinforce expectations of on the road behavior
  7. Review Local, State and Federal Laws
  8. Laws can change (New York State Sexual Harassment/DHR Laws)

I’m happy to work with any organization that has questions on policies, procedures, handbooks and/or training.

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

6 Definitions for Drug and Alcohol Testing Policies and the Evolution of Marijuana in the Workplace

As we see the evolution of local and state laws on medicinal and recreational marijuana, we need to ensure our drug and alcohol testing policies are up-to-date and legal.  A nationwide policy on drug and alcohol testing will not suffice, as states continue to change legislation.  We also need to ensure the Americans with Disability Act language is included in the policy and we enforce consistently.

Below are six definitions to consider in the drug and alcohol testing policy:

  1. Employee Assistance Program: If your organization offers employee assistance, we should carve out language regarding the assistance that is provided to the workforce, with location, contact person and phone number.  The EAP information should be communicated regularly and through multiple channels of communication.
  2. Preemployment Testing: This is common language to include in a drug testing policy or offer letter. “Applicants being considered for hire must pass a drug test before beginning work or receiving an offer of employment. Refusal to submit to testing will result in disqualification of further employment consideration.”[i]
  3. Reasonable Suspicion Testing: Often included in policies throughout many of our workplaces. “Employees are subject to testing based on (but not limited to) observations by at least two members of management of apparent workplace use, possession or impairment. HR, the plant manager or the director of operations should be consulted before sending an employee for testing. Management must use the Reasonable Suspicion Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol. Examples include:
  4. Odors (smell of alcohol, body odor or urine).
  5. Movements (unsteady, fidgety, dizzy).
  6. Eyes (dilated, constricted or watery eyes, or involuntary eye movements).
  7. Face (flushed, sweating, confused or blank look).
  8. Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts).
  9. Emotions (argumentative, agitated, irritable, drowsy).
  10. Actions (yawning, twitching).
  11. Inactions (sleeping, unconscious, no reaction to questions).”[ii]

This is not an all-inclusive list and should be tailored to the needs of your organization.

  • Post-Accident Testing: If your employees are operating equipment or driving workplace vehicles, this is language that should be included in your organization’s policy.  In some organizations post-accident testing is common after any accident in the workplace, it does not have to be an industrial organization.  Determine with your insurance agency and workers compensation company which post-accident testing should be in the policy.
  • Random Drug Testing: In the past we have used external organizations to draw a percentage of names monthly for drug, alcohol and drug and alcohol testing.  You can also program Excel spreadsheets to randomly choose people for random testing, based on employee numbers.  This should be done consistently monthly, semimonthly, semiannually or annually.  The policy should be communicated to employees.
  • Return to Work Testing: Remember the ADA in this situation and state regulations prior to implementing return to work testing.  I have used this process in past organizations when someone has admitted to testing positive prior to a random drug test.  We utilized a 12-month random drug testing last chance agreement.

Every organization will have differing requirements for drug and alcohol testing.  If your organization is DOT regulated, ensure you are following state and federal DOT requirements. The rules are complex and have changed recently.  Ensure your organization defines what happens if an employee does test positive for drugs, alcohol or both.  Consider adding language in regarding selling or purchasing drugs on company property.  Review the policy annually, communicate any changes to the workforce, publish the policy and obtain signatures from all employees.  If an employee is on a last chance agreement, review the policy again and obtain a signature.  In some circumstances preemployment drug and alcohol testing can lower workers compensation rates, I have seen this with manufacturing companies.  Confirm with your comp provider to see if this is an option. 

[i] SHRM Draft Policy

[ii] SHRM Draft Policy

Key Aspects of Workplace Drug and Alcohol Testing

  • Purpose: These tests are part of broader drug-free workplace programs aimed at preventing accidents, reducing absenteeism, and maintaining overall workplace safety and productivity. Testing can deter substance misuse and help identify employees who may need assistance or disciplinary action 
  • Types of Tests: Various biological specimens can be tested, including urine, blood, saliva (oral fluid), hair, and sweat. Urine testing is the most common for drugs, while breath-alcohol tests are typical for alcohol detection. Each method varies in invasiveness, detection window, and substances detected 
  • When Testing Occurs: Testing may be conducted at different times, such as pre-employment screening, random testing, post-accident, reasonable suspicion, post-treatment, or as part of annual physical. The timing and frequency depend on company policy, industry regulations, and legal requirements 
  • Legal and Regulatory Framework: Workplace drug and alcohol testing programs must comply with applicable local, state, and federal laws. For example, the U.S. Department of Transportation (DOT) has specific regulations (49 CFR Part 40) governing testing in federally regulated transportation industries. Additionally, laws like the Americans with Disabilities Act (ADA) impose restrictions on when and how alcohol testing can be conducted to protect employee rights  
  • Test Result Handling: Tests are typically conducted by certified laboratories, and results are reviewed by Medical Review Officers (MROs), who interpret findings considering medical history and other relevant information. Positive results may lead to referrals for treatment, rehabilitation, or disciplinary measures 

Marijuana in the Workplace Evolving Legislation

“Over the past decade we have seen significant changes throughout the country at the local and state level related to medicinal and recreational marijuana, with the majority of states legalizing some form of THC or cannabis. Marijuana is still illegal at the federal level, which governs the Department of Transportation rules and regulations for many positions across the country. With the president recently pardoning federal marijuana-related misdemeanors, HR professionals need to ensure we embrace not only the changes laws and regulations, but the changing attitudes towards recreational and medicinal marijuana use.

New York State Recreational Marijuana Q&A PDF

  • Medicinal Use & ADA:    Medical marijuana is legalized in the majority of the states throughout the country. Medical providers can and do prescribe marijuana for medicinal use. We should fully understand reasonable accommodation, essential functions, and additional considerations under the American with Disabilities Act, along with other local and state laws and regulations.
  • Drug Testing: Certain states and cities have now banned preemployment drug testing for THC for many positions in the state or locale. Ensure you have a clear understanding of any evolving laws and regulations. Also consider DOT regulations, at times you might have separate drug testing policies for DOT and non-DOT employees in the same organizations. Expectations and policies should be communicated.
  • Criminal Background Checks:  Laws and regulations continue to evolve on criminal background checks related to prior charges for marijuana related crimes. This includes second-class legislation. There are a variety of laws and regulations across the country defining the dos and don’ts of criminal background checks. Research and outsourcing will ensure proactive approaches to criminal background checking.   
  • Policies & Procedures: With evolving legislation, make it a priority to update any policies and procedures in relation to drug-free workplaces, preemployment testing, reasonable suspicion, post-accident testing, etc. Regardless of the laws and regulations, there should be  zero-tolerance policy in place of any employee being under the influence or any drug or alcohol in the workplace. Implementing an Employee Assistance Program (EAP) is recommended for organizations that are large and small. Train supervisors on enforcing the policy and procedures and communicate any changes throughout the organization.” (Burr SHRM Article)

The Americans with Disabilities Act until recently, ruled against reasonable accommodation in relation to medicinal marijuana use.  Employer-Friendly decisions include Washburn v. Columbia Forest Products, Inc., Roe v. Teletch Customer Care Mgmt., Johnson vs. Columbia Falls Aluminum Co., and Ross v. RagingWire Telecommunications, Inc.  Three out of the four rulings for employers happened in pro-marijuana states: California, Oregon and Washington.  However, along comes Barbuto vs. Advantage Sales and Marketing, LLC; “the Massachusetts high court addressed whether an employer must accommodate medical cannabis use, since state law permits medical marijuana use and prohibits disability discrimination…The court held that an exception to the employer’s drug policy to permit offsite marijuana use may be a reasonable accommodation where the employee’s physician determines that marijuana is the most effective treatment for the employee’s disability and that any alternative medication permitted by the employer’s drug policy would be less effective.” https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/must-employers-accommodate-medical-marijuana.aspx

AI Answer State Laws: A Patchwork of Regulations

The legal status of marijuana varies significantly from state to state, creating a complex and often confusing landscape. States generally fall into one of four categories:

1. Recreational Use Legal

In states with recreational marijuana laws, adults (typically 21 and older) can legally purchase, possess, and use marijuana for non-medical purposes. These states typically have a regulated market with licensed dispensaries, cultivation facilities, and testing labs. Sales are subject to state and local taxes. Specific regulations vary but often include limits on the amount of marijuana that can be purchased or possessed at one time, as well as restrictions on where marijuana can be consumed (e.g., prohibiting public consumption).

Examples of states with recreational marijuana laws include:

  • Colorado: Was one of the first states to legalize recreational marijuana.
  • Washington: Also legalized recreational marijuana early on.
  • Oregon: Known for its relatively liberal marijuana laws.
  • California: Has a large and established recreational market.
  • Alaska: Allows for limited personal cultivation.
  • Nevada: Benefits from tourism driving marijuana sales.
  • Maine: Has a regulated recreational market.
  • Massachusetts: Another East Coast state with recreational legalization.
  • Michigan: A Midwestern state with recreational marijuana.
  • Vermont: Allows personal cultivation and possession.
  • Illinois: The first state to legalize recreational marijuana through legislation.
  • Arizona: Recently legalized recreational marijuana.
  • Montana: Has a developing recreational market.
  • New Jersey: Another recent addition to the recreational legalization list.
  • New Mexico: Has legalized recreational marijuana.
  • New York: Has legalized recreational marijuana.
  • Connecticut: Has legalized recreational marijuana.
  • Rhode Island: Has legalized recreational marijuana.
  • Maryland: Has legalized recreational marijuana.
  • Delaware: Has legalized recreational marijuana.
  • Missouri: Has legalized recreational marijuana.
  • Ohio: Has legalized recreational marijuana.

2. Legal Medical Use

States with medical marijuana laws allow patients with qualifying medical conditions to access marijuana with a doctor’s recommendation. These states typically have a registry program where patients can obtain a medical marijuana card, allowing them to purchase marijuana from licensed dispensaries or, in some cases, cultivate their own. Qualifying conditions vary by state but often include chronic pain, cancer, epilepsy, and multiple sclerosis.

Many states have medical marijuana programs, including:

  • Arkansas
  • Florida
  • Louisiana
  • Minnesota
  • New Hampshire
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • South Dakota
  • Utah
  • West Virginia

3. Decriminalization

Decriminalization means that possession of small amounts of marijuana is treated as a minor offense, similar to a traffic ticket, rather than a criminal offense. Penalties typically involve a small fine, and there is no risk of jail time. Decriminalization does not legalize the sale or cultivation of marijuana.

Some states that have decriminalized marijuana include:

  • Nebraska
  • North Carolina
  • Ohio

4. Prohibition

In states with prohibition, marijuana remains illegal for both recreational and medical purposes. Possession, use, sale, and cultivation of marijuana are all subject to criminal penalties, which can range from fines to imprisonment.

Currently, only a few states maintain complete prohibition:

  • Idaho
  • Kansas
  • Wyoming

“Schedule I: Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3 methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote”  “Despite marijuana’s Schedule I status, former President Barack Obama’s administration issued a memo in 2013 stating that federal prosecutors wouldn’t target adults who were growing or using marijuana in accordance with state laws. Instead, the federal government focused its efforts on preventing marijuana sales to minors and stopping drug cartels.  Although President Donald Trump’s administration rescinded the Obama-era memo, there hasn’t been a ramp up in enforcement, and states continue to approve marijuana use.” https://www.dea.gov/drug-scheduling

Drug Free Workplace Act

The most important piece of legislation regulating federal contractors and grantees is the Drug-free Workplace Act of 1988 (PDF | 204 KB). Under the act, a drug-free workplace policy is required for:

  • An organization that receives a federal contract of $100,000 or more
  • Any organization receiving a federal grant of any size

At a minimum, such organizations must:

  • Prepare and distribute a formal drug-free workplace policy statement. This statement should clearly prohibit the manufacture, use, and distribution of controlled substances in the workplace and spell out the specific consequences of violating this policy.
  • Establish a drug-free awareness program. This program should inform employees of the dangers of workplace substance use; review the requirements of the organization’s drug-free workplace policy; and offer information about any counseling, rehabilitation, or employee assistance programs (EAPs) that may be available.
  • Ensure that all employees working on the federal contract understand their personal reporting obligations. Under the terms of the Drug-Free Workplace Act, an employee must notify the employer within five calendar days if he or she is convicted of a criminal drug violation.
  • Notify the federal contracting agency of any covered violation. Under the terms of the Drug-free Workplace Act, the employer has 10 days to report that a covered employee has been convicted of criminal drug violation.
  • Take direct action against an employee convicted of a workplace drug violation. This action may involve imposing a penalty or requiring the offender to participate in an appropriate rehabilitation or counseling program.
  • Maintain an ongoing good faith effort to meet all the requirements of the Drug-free Workplace Act throughout the life of the contract. Covered organizations must demonstrate their intentions and actions toward maintaining a drug-free workplace. Their failure to comply with the terms of the Drug-Free Workplace Act may result in a variety of penalties, including suspension or termination of their grants/contracts and being prohibited from applying for future government funding.

OSH Act

Duty to provide employees with a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm”

Substance abuse is such a hazard.

DOT “Medical Marijuana” Notice

DOT Office of Drug and Alcohol Policy and Compliance Notice

Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws authorizing the use of “medical marijuana.” http://www.justice.gov/opa/documents/medical-marijuana.pdf

We have had several inquiries about whether the DOJ advice to Federal prosecutors regarding pursuing criminal cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.

We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors.

The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result.

That section states:

§ 40.151 What are MROs prohibited from doing as part of the verification process?
As an MRO, you are prohibited from doing the following as part of the verification process:
(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.)

Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

We want to assure the traveling public that our transportation system is the safest it can possibly be.

Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009

https://www.transportation.gov/odapc/medical-marijuana-notice

“Implications of Legalization of Recreational Marijuana

Despite three states—Arkansas, North Dakota and South Dakota—rejecting in 2022 the legalization of adult recreational marijuana use, three other states—Maryland, Missouri and Rhode Island—legalized such use.

“I think the legalization of marijuana is inevitable nationwide; it’s just a matter of how and when,” said Dillon McGuire, an attorney with Pashman Stein Walder Hayden in Holmdel, N.J.

Recreational marijuana is now legal in 21 states plus the District of Columbia.

Therapeutic Psychedelics

In the U.S., the use of certain psychedelics in a facilitated, supervised setting is lawful in Colorado and Oregon, noted Lauren Carboni, an attorney with Foley & Lardner in Denver, and John Litchfield, an attorney with Foley & Lardner in Chicago.

In November 2020, Oregon became the first state to regulate therapeutic psilocybin sessions for adults 21 and older in licensed, clinical settings.

Psilocybin is the psychoactive compound found in what is referred to as magic mushrooms, explained Christine Lamb, an attorney with Fortis Law Partners in Denver.

The state begins accepting applications for licensure of facilities to administer its regulated psilocybin services program on Jan. 2, 2023.

In November 2022, Colorado voters approved a similar measure. By Sept. 30, 2024, the Colorado Department of Regulatory Agencies must adopt implementation rules.” (SHRM)

Additional Resources:

https://www.shrm.org/resourcesandtools/pages/marijuana.aspx

State Laws

Other Considerations:

  • Policy & Procedure Revisions
  • Review State & Local Legislation
  • Drug Free Workplace Act Considerations
  • Employee Assistance Program
  • DBL & FMLA
  • ADA
  • Reasonable Suspicion Training for Supervisors
  • Communicating with the Workforce
  • DOT Regulations
  • Policy Signature
Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

2025 Updated Wage Transparency Laws and Regulations

2025 State Changes

States with Wage Transparency Laws:

  • California: Requires employers to include salary ranges in job postings. 
  • Colorado: Enacted the Equal Pay for Equal Work Act, which includes pay transparency requirements. 
  • Connecticut: Requires employers to disclose wage ranges in job postings and prohibits seeking salary history. 
  • Hawaii: Requires employers to disclose salary ranges in job postings. 
  • Illinois: Has pay transparency requirements, with some guidance rolling out in 2025. 
  • Maryland: Requires employers to disclose wage ranges in job postings. 
  • Massachusetts: Requires employers with 100+ employees to submit wage data reports annually. 
  • Minnesota: Has pay transparency requirements, including disclosure of salary ranges. 
  • Nevada: Requires employers to disclose wage or salary ranges. 
  • New Jersey: Has pay transparency requirements. 
  • New York: Requires employers to disclose salary ranges in job postings. 
  • Rhode Island: Requires employers to provide the wage range prior to discussing compensation and upon request. 
  • Vermont: Requires employers to disclose hourly wage or salary, or range, in job postings. 
  • Washington: Requires employers to include salary ranges in job postings. 
  • Washington D.C.: Requires employers to disclose wage ranges in job postings. 

Pay Transparency Laws by State: Effective Dates

Below is an at-a-glance list of the states and corresponding effective dates that require disclosure of pay range under certain circumstances. Each law is different, so employers should review each specific jurisdiction’s requirements to ensure compliance:

  • California – effective Jan. 1, 2023
  • Colorado – effective Jan. 1, 2021
  • Connecticut – effective Oct. 1, 2021
  • District of Columbia – effective June 30, 2024
  • Hawaii – effective Jan. 1, 2024
  • Illinois – effective Jan. 1, 2025
  • Maryland – effective Oct. 1, 2020
  • Massachusetts – effective Oct. 29, 2025
  • Minnesota – effective Jan. 1, 2025
  • New Jersey – statewide law effective June 1, 2025
  • New York – effective Sept. 17, 2023
  • Nevada – effective Oct. 1, 2021
  • Rhode Island – effective Jan. 1, 2023
  • Vermont – effective July 31, 2025
  • Washington – effective Jan. 1, 2023

As of this writing, several jurisdictions in the U.S. have some form of a pay transparency law. But more could be on the horizon.

Of course, as with all aspects of employment law, each jurisdiction handles these requirements differently.

Starting at a high level, some states have laws that require employers to disclose the pay range for a position if the applicant asks for it:

  • California
  • Colorado
  • Connecticut
  • Maryland
  • Massachusetts – effective as of Oct. 29, 2025
  • Minnesota
  • Nevada
  • Rhode Island

Even among these states, there is some variation in how they implement their pay transparency laws.

Salary History Bans in the United States

Salary history bans are adjacent to pay transparency laws and generally prohibit employers from asking job applicants about their past or current pay.

These laws preclude employers from relying on pay history to set compensation, part of the growing employment law sector related to the #MeToo movement.

Employers can usually ask for pay expectations but not actual pay history.

What states have salary history bans?

States, or jurisdictions within them, that have salary history bans include:

  • Alabama
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • Nevada
  • New Jersey
  • New York State
  • Ohio (only Toledo and Cincinnati)
  • Oregon
  • Pennsylvania (Philadelphia only)
  • Rhode Island
  • Vermont
  • Washington

https://www.govdocs.com/pay-transparency-laws/

Additional Consideration

Best Practices for Employers

1. Regularly Review and Update Compensation Policies

  • Conduct regular audits of pay practices to ensure compliance and identify any unjustified pay disparities 
  • Establish clear, documented guidelines for setting and communicating pay ranges.

2. Standardize Job Postings

  • Include required salary ranges and compensation details in all job postings, especially for roles that could be performed in states with transparency laws.
  • For multistate employers, consider adopting the strictest applicable standard to streamline compliance 

3. Train Managers and HR Staff

  • Ensure those involved in hiring and compensation decisions understand the requirements and are prepared to answer questions about pay transparency 

4. Prepare for Employee Inquiries

  • Be ready to provide pay scale information to current employees and applicants upon request, as required by law 

 5. Monitor Legal Developments

  • Stay informed about new and evolving wage transparency laws, as more states and localities are expected to adopt similar requirements in the coming years 

Strategic Opportunities

1. Building Trust and Employer Brand

  • Transparent pay practices can enhance employee trust, improve retention, and make the organization more attractive to top talent 

2. Promoting Pay Equity

  • Wage transparency helps identify and address pay gaps, supporting diversity, equity, and inclusion goals 

2023 New York State Wage Transparency September 17, 2023

“As a reminder, the pay transparency law, which is codified at Section 194-b of the New York Labor Law, will require employers with four or more employees to include the following whenever they “advertise” for a job, promotion, or transfer opportunity:

  • The compensation or “range of compensation” for the job, promotion, or transfer opportunity. 
  • The job description for the job, promotion, or transfer opportunity, if one exists.

The original legislation did not define the term “advertise.” The amendment adds the following definition:

“[A]dvertise” shall mean to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.

This is a broad definition and will likely encompass internal postings on an intranet or job board, postings in newspapers and “want ads,” as well as electronic postings on the employer’s website or job posting sites such as Indeed.com or ZipRecruiter.” (https://www.hodgsonruss.com/newsroom-publications-14258.html)

“On Dec. 21, 2022, Gov. Kathy Hochul signed the long-anticipated New York State pay transparency bill into law. The bill amends New York State Labor Law by adding a new section 194-b, which takes effect on Sept. 17, 2023. Labor Law § 194-b continues a recent trend toward pay transparency both nationally and locally, including similar laws in New York City, Albany County, Westchester County and Ithaca.

Employers subject to the law are broadly defined to include nearly every entity with four or more employees, as well as agents and recruiters. Only temporary help firms, as defined under New York State Labor Law § 916(5), are exempt.[1]

Similar to other pay transparency laws, Labor Law § 194-b requires employers to disclose an amount or a range of compensation for any open job, promotion or transfer opportunity that can or will be performed, at least in part, in New York State. The law defines “range of compensation” as “the minimum and maximum annual salary or hourly range of compensation . . . that the employer in good faith believes to be accurate at the time of the posting of an advertisement” for the job, promotion or transfer opportunity. Advertisements for jobs, promotions or transfer opportunities that are paid solely on commission must disclose that in writing. Additionally, the law requires employers to post a job description if one exists.

Labor Law § 194-b does not define “advertisement,” so the breadth of the law’s application to activities such as direct recruitment and internal promotion is unclear. Presumably, the Commissioner of Labor will clarify the scope of coverage by regulations, which the law directs the Commissioner to promulgate. 

Employers are required to keep and maintain records in connection to the law, including the history of compensation ranges for each job, promotion or transfer opportunity and the job descriptions for these positions, if such job descriptions exist.

Any person claiming to be aggrieved under Labor Law § 194-b may file a complaint with the Department of Labor, which has the authority to impose civil penalties of up to three thousand dollars for violations of the law or forthcoming regulations. Employers are prohibited from refusing to interview, hire, promote, employ or otherwise retaliate against an applicant or current employee for exercising any rights under this new law.

Finally, Labor Law § 194-b contains a provision stating that it shall not be construed or interpreted to supersede or preempt any local law, rules, or regulation. Most of the existing local pay transparency laws in New York failed to predict a parallel state law (despite the fact that one had already passed in the legislature), so employers subject to these laws will have to comply with overlapping obligations unless the local jurisdictions yield. The Westchester County Salary Transparency Law is the outlier and expressly gives way to “substantially similar” state legislation.” (Bond)

May 12, 2022, the Salary Transparency Law was enacted in New York City, which was postponed to the effective date of November 1, 2022. 

“In addition to employers, 134-A specifies that employment agencies, and employees or agents thereof, must also include a salary range or hourly wage range in each advertised position, promotion, or transfer opportunity. Job advertisements for “temporary employment at temporary help firms” are still exempted from the law. Temporary help firms are defined as businesses that recruit and hire their own employees and assign those employees to perform work at or perform services for other organizations or businesses.” (Littler)

  1. “The civil penalty for the first violation will be $0 if the employer cures the violation within 30 days of receipt of a complaint. The proof of cure may be submitted either electronically or in person and is deemed an admission of liability by the employer.
  2. In line with the recent CCHR guidance (which has now been updated), the law would apply to job listings for both salaried and hourly positions, and would not apply to any position “that cannot or will not be performed, at least in part, in the city of New York.”
  3. While an individual may only file a lawsuit based on a violation arising from an advertisement by their current employer, any aggrieved person may file a complaint with the Commission, regardless of whether the alleged violator is the grievant’s current employer.” (Bond)

New York Wage Transparency Law

As assumed, on June 3, 2022, New York State passed a similar law on wage transparency. 

“The new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill is intended to enhance transparency around compensation and reducing any existing wage disparities among employees.

The Bill defines a covered employer as: (i) “any person, corporation, limited liability company, association, labor organization or entity employing four or more employees in any occupation, industry, trade, business or service, or any agent thereof;” and (ii) “any person, corporation, limited liability company, association or entity acting as an employment agent or recruiter, or otherwise connecting applicants with employers, provided that “employer” shall not include a temporary help firm” as the term is defined under New York Labor Law Section 916 (5).

The Bill requires covered employers to disclose the following information in job postings, including for promotions and transfer opportunities, that can or will be performed at least in part in the State of New York:

  1. The compensation or a range of compensation for such job, promotion, or transfer opportunity; and
  2. The job description for such job, promotion, or transfer opportunity, if such description exists.

For positions that are paid solely on commission, compliance with the law’s compensation disclosure requirements can be achieved by providing a written general statement that compensation shall be based on commission.

Additionally, the new law would prohibit employers from refusing to interview, hire, promote, employ or otherwise retaliating against an applicant or current employee for exercising their rights under new Section 194-b. The law would allow individuals aggrieved by a violation to file a complaint with the NYS Department of Labor (NYSDOL). Violations of the any of the requirements of the new law or any subsequently published regulations could result in a civil penalty pursuant to NY Labor Law Section 218 which generally provides civil monetary penalties for non-wage related violations ranging from $1,000 to $3,000, to be assessed by the NYSDOL.

Under the new law, covered employers would also be required to maintain records of compliance, including but not limited to the history of compensation ranges for each job, promotion or transfer opportunity as well as the job descriptions for such positions (if applicable).” (Bond)

If enacted, the proposed bill would take effect 270 days after it becomes law.

These are simple changes to make when posting for openings and recruiting.  Ensure that you are communicating the anticipated changes throughout your organization.  Continue to monitor for any upcoming changes or modifications to the proposed legislation.  These changes are a trend nationally.

Ithaca New York Pay Transparency Law Effective September 1, 2022:
“The City of Ithaca will require employers to disclose the minimum and maximum pay in every job posting, starting September 1. The new city ordinance applies to any employer with more than three permanent workers based in Ithaca. That could also include employers of certain Ithaca-based remote workers.”

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

Workplace Dating, Leadership Ethics & Love Contracts, Oh My!

In light of recent unfortunate events at a Coldplay Concert, when a CEO and HR Director were caught on a camera moment, ducking and hiding away from the media.  Dating in the workplace is common, every organization should have parameters in place to ensure expectation is set, consequences and clear ethical guidelines are in place.  We have all seen the fallout from the recent events at the Coldplay Concert, the CEO resigns, the HR Director is under investigation and internal workplace ethical credibility is gone.  Ethics starts at the top of the organization, if we don’t follow the mission, vision, values and code of ethics in the organization, why should we expect the workforce to follow anything?  Setting the tone at the top helps drive, culture, communication, internal equity, transparency, trust and open communication throughout the organization. 

Dating in the workplace is a common occurrence, given how much time employees spend together. However, it brings unique challenges and risks that employers must address to maintain a professional, safe, and productive environment.

1. Clear Policies and Guidelines
Employers are increasingly expected to have clear, written policies regarding workplace relationships. These policies typically outline:

  • Disclosure Requirements: Many employers require employees to disclose romantic relationships, especially if there is a reporting relationship or potential conflict of interest. Disclosure allows the employer to manage risks, such as favoritism or conflicts, and to make adjustments if necessary (e.g., changing reporting lines).
  • Prohibited Relationships: Most policies explicitly prohibit relationships between managers and their direct reports to avoid power imbalances and perceptions of favoritism or coercion.
  • Consensual Relationships: Employers emphasize that all relationships must be consensual and free from any form of harassment or coercion. Some require both parties to sign a consensual relationship agreement.

2. Professional Conduct
Employers expect employees to maintain professionalism at all times, which includes:

  • No Public Displays of Affection (PDA): Employees are expected to refrain from PDA or any behavior that could make colleagues uncomfortable.
  • No Favoritism: Employees should avoid any actions that could be perceived as favoritism or bias due to their relationship.
  • Maintaining Boundaries: Personal issues should not spill over into the workplace. If a relationship ends, both parties are expected to remain professional and not disrupt the work environment.

3. Anti-Harassment and Complaint Procedures
Employers are required to have robust anti-harassment policies and complaint procedures:

  • Sexual Harassment Training: Regular training is expected, especially for supervisors, to ensure everyone understands what constitutes harassment and how to report it.
  • Multiple Reporting Channels: Employees should have several avenues to report inappropriate conduct, not just through their direct supervisor.
  • Prompt Investigation: Employers are expected to investigate complaints thoroughly and impartially, taking corrective action if necessary.

4. Confidentiality and Non-Retaliation

  • Confidentiality: Employers stress the importance of keeping personal relationships and related information confidential to protect privacy and prevent gossip.
  • Non-Retaliation: Employees must be protected from retaliation if they report concerns or end a relationship.

5. Consequences for Policy Violations
Violating workplace dating policies can result in disciplinary action, including reassignment or termination, depending on the severity of the infraction.

Key Takeaways for Employees

  • Know Your Company’s Policy: Always check your employee handbook or consult HR before starting a workplace relationship.
  • Disclose When Required: If your company requires disclosure, do so promptly to avoid potential disciplinary action.
  • Maintain Professionalism: Keep your relationship separate from your work life, avoid PDA, and treat your partner and colleagues equally.
  • Understand the Risks: Be aware that workplace relationships can lead to gossip, perceptions of favoritism, and complications if the relationship ends.
  • Seek Support if Needed: If you experience harassment or retaliation, use the reporting channels provided by your employer.

What Are Love Contracts?
A love contract—also known as a consensual relationship agreement—is a voluntary document signed by two employees who are in a romantic relationship at work. The contract typically acknowledges that the relationship is voluntary and consensual, and it often outlines expectations for professional conduct in the workplace 

Why Employers Use Love Contracts

  • Legal Protection: Love contracts are primarily used to protect employers from potential legal claims, especially those related to sexual harassment or favoritism. By having both parties acknowledge the consensual nature of the relationship, employers can reduce the risk of later claims that the relationship was unwelcome or coerced 
  • Clarifying Boundaries: These agreements help clarify how the romantic relationship will (and will not) affect the working relationship, which can be especially important if one party supervises the other 
  • Managing Breakups: In the event of a breakup, a love contract can help smooth the transition and set expectations for continued professionalism 

When Are Love Contracts Used?
Love contracts are most commonly used when a workplace romance involves a manager and a subordinate, as this dynamic poses the greatest risk for claims of harassment or favoritism. Most companies do not require love contracts for relationships between employees at the same level.

Ethics in the Workplace
Leadership ethics in the workplace refers to the practice of leaders making decisions and guiding their teams based on moral principles and values, rather than just focusing on profits or personal gain. Ethical leadership is about doing the right thing for the common good, considering the needs of employees, customers, communities, and the organization as a whole.

Core Principles of Ethical Leadership
Ethical leadership is built on several foundational principles:

  • Respect: Ethical leaders value the skills and contributions of others, fostering mutual respect rather than demanding it one-way. This creates healthier workplace relationships and a positive environment 
  • Accountability: Leaders hold themselves responsible for their actions, lead by example, and communicate openly about challenges without shifting blame 
  • Service: Ethical leaders prioritize the well-being of employees, customers, and the community, often engaging in charitable activities and encouraging their teams to do the same 
  • Honesty and Transparency: Open and honest communication builds trust within the organization and with customers, even when addressing difficult or unpopular issues 
  • Justice and Fairness: Ethical leaders ensure fair treatment for everyone, striving for equity and inclusion in decision-making 
  • Community: They view the organization as a community, considering the impact of decisions on all stakeholders and promoting collaboration 

A helpful framework for remembering these principles is the acronym FATHER: Fairness, Accountability, Trust, Honesty, Equality, and Respect.

Why Leadership Ethics Matter

Ethical leadership has significant benefits for organizations:

  • Improved Workplace Culture: Ethical leaders inspire trust, psychological safety, and a sense of belonging, leading to higher employee morale and engagement 
  • Attracting and Retaining Talent: Employees, especially younger generations like Gen Z, are drawn to organizations with strong ethical values and are more likely to stay with such companies 
  • Customer Loyalty: Consumers increasingly prefer to support businesses that demonstrate ethical practices and social responsibility 
  • Risk Reduction: Ethical decision-making minimizes legal issues, fines, and reputational damage 
  • Long-Term Success: Ethical leadership helps prevent scandals and fosters sustainable growth by building loyal partnerships, customers, and employees 

What Should Employers Consider?

  • Reporting Requirements: Love contracts usually require employees to report their relationship to HR, and also to notify HR if the relationship ends 
  • Favoritism Concerns: Even with a love contract, employers must be vigilant about potential claims of favoritism or discrimination from other employees.
  • Policy Integration: Love contracts should be part of a broader workplace romance policy that addresses reporting, confidentiality, and professional conduct.
Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

2025 Signs, Symptoms and 6 Recommendations to Counter Workplace Burnout and NYC Changes to Prenatal Leave July 2025

A Few Signs of Burnout

Common indicators of burnout include:

  • Decreased performance and productivity
  • Increased absenteeism
  • Emotional outbursts or negative interactions
  • Cynicism or detachment from work 

As we all know and understand, workplace burnout can be a significant issue in any of our organizations and throughout the workforce.  How do we help solve this common problem? What opportunities can we offer to employees to reduce workplace burnout? Lead by example and set the tone at the top of the organization to counter workplace burnout, while ensuring employee commitment and engagement.

My 6 recommendations on countering workplace burnout:

  1. Prioritize Your Health:  This is a challenge for all of us, with long workdays and challenging work schedules (electronic responses late night).  Look for opportunities to reduce stress and recognize when it is time to turn it off.  Eat healthy, exercise regularly (I work out at 5am most mornings, it is a great way to start the day), get a full night’s sleep (turn the TV off and other technology early) and meditate or find alternatives to reduce stress.  Developing disciplined and healthy habits will help you develop a routine; health should be a priority for all of us; I learned this the hard way.
  2. Compassion:  We all have different workstyles and how we personally handle stress and burnout.  Recognize your own signs when work and life are too much, know that it is okay to take a break and rejuvenate for a few days. Know when employees in the organization are burning out and ask them to take a break.  Burnout isn’t a personal failure, its simply time for a break.  Make the break a priority.
  1. Set the Tone at the Top:  Some of you have seen emails from me at 3am (or earlier), this is an area where I need to heed my own advice.  Set a good example as leaders in the organization and know when a break is needed and when to turn off the technology.  Encourage employees to take downtime and focus on life, not work.
  2. The Why:  Have a true understanding of the reasons your organization or you personally are having workplace burnout. Is there anything we need to change as an organization?  Is there anything I need to change?  Can we do 4-day work weeks in the summer? Ask for feedback from the workforce and actively listen.  Make the necessary changes to avoid burnout within yourself and your workforce.
  3. Vacation & PTO Days:  We have vacation and PTO days as a benefit in most organizations for a reason.  Use the days granted by the organization and understand the value of using vacation and PTO days.  Encourage subordinates to use these days as well and enforce the no technology usage on vacation policy.  It is necessary to unplug, I still have not learned this.
  4. Learn to Unplug:  I will call myself a hypocrite with this recommendation. I have not learned how to unplug as of yet, but I am working on it! Technology controls the way we communicate and how we run our organizations.  We have the ability to have instant access to information and need it to make effective and sound decisions.  Turning off the technology is not a bad thing; it provides the break we all need.  Learn how to unplug, even if it is only checking messages once a day on vacation (let’s see how well I am following my own advice).  I was in Yellowstone National Park, so cellphone service was sporadic at best, which helped me turn off the technology for a while.

These are a just a few thoughts I have had as I reflect back on a busy first half of 2025 and recognize areas I need to personally improve on work-life balance, while learning to unplug.  We all work differently, find the balance between life and work that is effective for you and your organizations.  Taking a break is not failing, it is recognizing your mind, body and spirit need to do something different or do nothing at all for a few days.  Enjoy the summer.

Strategies to Address and Prevent Burnout

  1. Foster a Culture of Wellbeing:
    1. Make employee wellbeing a core part of organizational culture, not just an HR initiative.
    1. Encourage work-life balance by promoting reasonable hours, flexible schedules, and the use of vacation time 
  2. Equip Managers to Support Employees:
    1. Train managers to set clear expectations, provide regular feedback, and remove barriers to success.
    1. Encourage open communication and regular check-ins to identify stressors early 
  3. Promote Mental Health Awareness:
    1. Offer mental health resources, such as confidential counseling or workshops on stress management.
    1. Normalize discussions about mental health to reduce stigma 
  4. Recognize and Reward Employees:
    1. Provide rewards that show appreciation for employees as individuals, not just for their performance. This could include gift cards, extra time off, or public recognition 
  5. Improve Workload Management:
    1. Use tools to optimize scheduling and ensure adequate staffing levels.
    1. Avoid last-minute changes that create unnecessary stress 
  6. Leverage Technology for Insights:
    1. Tools like Deloitte’s “Vitals” dashboard can help monitor employee workloads and identify early signs of burnout. Such systems enable proactive interventions 
  7. Create a Positive Work Environment:
    1. Encourage collaboration, fairness, and respect among team members.
    1. Adjust environmental factors like noise levels, lighting, and seating arrangements to enhance comfort  (You.com)

NYC ESSTA Rules Incorporating Prenatal Leave

The New York City Department of Consumer and Worker Protection issued amended rules on May 30, 2025, formally incorporating the state prenatal leave requirement into ESSTA. Changes and obligations related to prenatal leave, which are effective July 2, 2025, include:

Policy Requirements

The obligation to promulgate and distribute a policy related to ESSTA is expanded to require that such policy address paid prenatal leave entitlements. Under the rules, employers must distribute their written safe and sick time and paid prenatal leave policies to employees personally upon hire and within 14 days of the effective date of any policy changes and upon an employee’s request.

In essence, all NYC employers have an obligation to modify their current policy and reissue the revised policy to current employees.

Employee Notice of Rights, Posting

The Department also issued an updated Notice of Employee Rights that includes paid prenatal leave. The updated notice must be provided to new hires and to current employees when rights change (which is the case here), and employers must maintain a record of receipt by the employee. The notice also must be posted.

All NYC employers have an obligation to modify the notice required for new hires and reissue the notice to current employees.

Paystub Requirement

For each pay period in which an employee uses prenatal leave, the following information must be clearly documented on pay stubs or other documentation provided to the employee, such as a pay statement:

  • The amount of paid prenatal leave used during the pay period; and
  • Total balance of remaining paid prenatal leave available for use in the 52-week period.

Takeaways

  • Changes to NYC’s paid prenatal leave requirement take effect 07.02.25.
  • They incorporate and enhance NYS prenatal leave protections that went into effect at the beginning of this year.
  • NYC employers should understand their obligations and implement the changes to policies, notices, and recordkeeping.

Related links


NYS Paid Prenatal Leave Rights

Since Jan. 1, 2025, all private-sector employers in New York have been required to provide up to 20 hours of paid prenatal leave in a 52-week period to eligible employees, regardless of company size. The 52-week leave period starts on the first day the prenatal leave is used.

The prenatal leave entitlement is in addition to the statutory sick leave entitlement and other paid time off benefits provided by company policy or applicable law, and it applies only to employees receiving prenatal healthcare services, such as medical exams, fertility treatments, and end-of-pregnancy appointments. Spouses, partners, or support persons are not eligible to use prenatal leave.

Employers cannot force employees to use other leave first or demand medical records or confidential health information to approve prenatal leave requests. (See NYS Paid Prenatal Leave: Employers Must Manage a New Entitlement in the New Year.) (Jackson Lewis)