Workplace Compliance News & Resources
Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.
We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.
Wherever available, KPA products are updated with the latest government notices and posters for employers.
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Who: All employers
When: Effective immediately
On January 14, 2025, the U.S. Department of Labor (DOL) issued an Opinion Letter addressing the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid family and medical leave benefits (PFML). Eligible employees can take the FMLA unpaid, job-protected leave for covered family and medical absences. The FMLA substitution rule allows an employer to require or an employee to choose to use accrued paid leave during unpaid FMLA leave. In this situation, they must run concurrently.
The Opinion Letter confirms that when an employee receives PFML benefits during an FMLA leave, the FMLA substitution rule does not apply. Rather, they treat it the same as when an employee gets partial income replacement through short-term disability or workers’ compensation. In these cases, the employer and employee must agree to the employee’s use of accrued paid leave to “top up” the PFML benefits and receive 100% of their pay. Employers cannot require employees to use accrued employer-provided paid leave benefits during an FMLA leave if the employee is receiving state or local PFML benefits.
The Opinion Letter does not have the force of the law, but it is official guidance to help employers navigate the law.
How:
- Review your state PFML laws to determine if they allow employees to “top up” even without employer consent.
- Seek legal counsel if you have questions about state/federal PFML and FMLA leave.
Additional Resources:
Who: All employers
When: Effective immediately
The Equal Employment Opportunity Commission (EEOC) published a fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The fact sheet addresses the use of wearable technologies in the workplace, such as devices used to track an employee’s location, heart rate, or fatigue. Wearables are digital devices embedded with sensors worn on the body that may keep track of bodily movements, collect biometric information, and/or track location. Wearables may include smart watches, rings, glasses, or helmets.
The fact sheet reminds employers that federal employment discrimination laws apply to the collection and use of biometric and health information. The American with Disabilities Act (ADA) limits employers’ use of medical examinations or disability-related inquiries and requires employers to safeguard medical records. Wearable devices may be construed as the employer conducting a medical examination or making disability-related inquiries.
The fact sheet also reminds employers that they must provide reasonable accommodations related to wearables under Title VII related to religious belief, practice or observance, the ADA, and the Pregnant Workers Fairness Act based on pregnancy or disability.
Employers must not violate federal antidiscrimination laws, EEOC laws, or the ADA by 1) requiring employees to wear digital devices, 2) using the data collected from those devices to determine sex, age, genetic information, disability, or race and 3) taking an adverse action against an employee based on that data.
How:
- Review the new EEOC fact sheet.
- Seek legal counsel before implementing wearable technology.
- If you are already collecting such data, review which data you are collecting and its validity, how you store the data, and how you use the data in employment-related decisions.
- Review your written policies related to wearable technology to ensure compliance with the law.
- Monitor changes in local and state jurisdictions where employees use wearable technology.
Additional Resources:
2025 Minimum Wage Updates
KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.
Check out the latest minimum wage changes for 2025, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.
Resources for Success
OSHA Reporting Resource Hub
If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.
We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.
