Workplace Compliance News & Resources
in Southern States
Below is a round-up of workplace safety news for states in the South that employers need to know to keep their business compliant.
Stay on top of safety and compliance the right way with this information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business. Wherever available, KPA products are updated with the latest government notices and posters for employers.
Alabama
Who: All Alabama employers that are required to withhold Alabama state tax from wages
When: Effective January 1, 2024
Effective January 1, 2024, employers must adhere to the new Department of Revenue tax exemptions for overtime payments under Ala. Admin. Code r. 810-3-72-.02. For the time period of January 1, 2024, through June 30, 2025, full-time hourly employees who physically work in excess of 40 hours a week are exempt from Alabama state income tax for overtime wages.
It is important to note that paid time off (PTO) and holiday pay are not hours worked and therefore are not included in the calculation of overtime wages. Employees excluded from tax relief for overtime wages include salaried employees and employees paid by other methods.
By January 31, 2024, employers must report to the Alabama Department of Revenue the number of full-time employees who received overtime pay in 2023 and the total amount of overtime wages paid to those employees in 2023. Thereafter, they must report the same information on a monthly or quarterly basis.
Employers must file the one-time 2023 Historical Data report through the My Alabama Taxes website. Bulk filers use Form A-3 and non-bulk filers use a separate process with a specified layout (see the link to the instructions provided in the Reporting Guidance FAQs). Employers will submit monthly/quarterly reports electronically through the Alabama Department of Revenue’s (ADOR) website with the corresponding Form A-6 (monthly) or Form A-1 (quarterly), or an approved equivalent report form.
How:
- Report the required payroll information for 2023 to the Alabama Department of Revenue by January 31, 2024.
- Submit monthly/quarterly reports to the ADOR during the designated period (January 2024 to June 2025).
- Ensure that your payroll personnel or providers have implemented the changes required by the law.
- Familiarize yourself with the Alabama Department of Revenue’s guidance on the law.
Additional Resources:
Arkansas
Who: Arkansas employers
When: Effective mid-July 2025, 90 days after adjournment of the current legislative session
On March 4, 2025, Arkansas Governor Sarah Huckabee Sanders signed Senate Bill 139 into law. Now known as Act 232, the new law voids noncompete agreements that limit physicians’ rights to practice within their scope of practice.
Act 232 defines “physician” as “a person authorized or licensed to practice medicine under the Arkansas Medical Practices Act [. . .] and a person authorized to practice osteopathy.”
The new law does not apply to agreements related to the solicitation, recruitment, and hiring of employees, and it also does not apply to confidentiality or nondisclosure agreements. Furthermore, noncompete agreements will remain enforceable where the agreements are ancillary to employment relationships when 1) the employer has a protectable business interest, and 2) the noncompete agreement is limited with respect to time and scope in a manner that is not greater than necessary to defend the protectable business interest of the employer. Such protectable business interests may include:
- Trade secrets;
- Intellectual property;
- Customer lists;
- Goodwill with customers;
- Knowledge of their business practices;
- Methods;
- Profit margins;
- Costs;
- Other business information that is confidential, proprietary, and increases in value because a competitor doesn’t know it;
- Training and education of the employer’s employees; and
- Other valuable employer data that the employer has provided to an employee that an employer would reasonably seek to protect or safeguard from a competitor in the interest of fairness.
How:
- Review applicable noncompete agreements for legal viability.
- Seek legal counsel to ensure compliance with the law.
Additional Resources:
Georgia
Who: Georgia employers
When: Effective immediately
On May 1, 2025, Georgia Governor Brian Kemp signed into law Senate Bill 55, better known as the Dignity and Pay Act (DPA).
Under Section 14(c) of the Fair Labor Standards Act (FLSA), eligible employers in Georgia have previously been able to apply for and obtain certificates from the Department of Labor that allow those employers to pay less than the federal minimum wage to certain individuals with disabilities.
The DPA went into effect on July 1, 2025, and it amends Georgia law to eliminate subminimum wages for individuals with disabilities in three stages, effective July 1, 2025, July 1, 2026, and July 1, 2027.
Beginning July 1, 2025, employers in Georgia without existing certificates may no longer obtain, renew, or begin the use of such certificates and must pay at least the federal minimum wage to all employees.
For those employers who obtained a valid certificate from the DOL on or before July 1, 2025, they may continue to pay subminimum wages to qualifying employees but must eliminate those subminimum wages per the following schedule:
- Beginning July 1, 2026, they must pay at least half of the federal minimum wage; and
- Beginning July 1, 2027, they must pay at least the federal minimum wage.
How:
- Review your wage structures and the status of your §14(c) DOL certificates.
- Prepare to pay the federal minimum wage in compliance with the law.
Additional Resources:
Who: Atlanta, Georgia employers
When: Effective immediately
The City Council of Atlanta, Georgia has passed an amendment to the city’s Anti-Discrimination Ordinance. The amended law protects individuals on the basis of criminal history status and gender expression in matters of employment, housing, and public accommodations.
Private employers in Atlanta are now prohibited from disqualifying an applicant or singling out employees based on their criminal conviction history without further individualized consideration—commonly known as a “fair chance” initiative. In cases where the criminal history is related to the position’s responsibilities, an employer must consider whether the person committed the offense or was only arrested for it; the nature and gravity of the offense; the length of time since the offense; and the nature of the job. Where state or federal mandates prohibit persons with certain criminal histories to fill certain positions (e.g., law enforcement), the local anti-discrimination law does not apply.
Atlanta has also banned discrimination based on gender expression.
Employers may not publish ads or notices that discriminate against persons based on gender expression or criminal conviction history, except when the criminal conviction history is a bona fide occupational qualification for employment.
The law applies to Atlanta employers with 10 or more employees in matters of employment decisions. It applies to contractors in matters of employment, subcontracting, and union membership decisions. The amended law includes a provision for unlimited potential for recovery for aggrieved workers, if they file an action within two years of the alleged unlawful act.
How:
- Review your background check policies and procedures and update them as needed to comply with the law.
- When publishing job ads or notices with restrictions based on criminal conviction history, consult with an attorney to ensure compliance with local, state, and federal anti-discrimination laws.
Additional Resources:
Kentucky
Who: All Kentucky businesses that fall within the state’s occupational workplace standards
What:
House Bill 398 (HB 398) updates Kentucky’s Department of Workplace Standards, Division of Occupational Safety and Health (KOSH) to align more closely with Federal OSHA standards. Despite being vetoed by Kentucky’s governor, the legislature overrode the veto, and the bill will take effect in June 2025.
Key Changes to Workplace Safety Regulations
The new law aims to reduce confusion between state and federal regulatory requirements and maintain essential workplace safety protections. It prevents KOSH from adopting, declaring, or enforcing any regulation that has not also been adopted by Federal OSHA. Businesses are still responsible for any state standards that meet federal requirements; only one state regulation for general industry will need major changes (it regards bulk liquid chemical handling). Additional changes include:
Complaint Procedures
- Complaints must now relate to the employee’s own workplace and include violation dates
- Workplace safety discrimination complaints must be filed within 30 days (previously, there was no firm deadline)
Investigation Timelines
- KOSH must complete safety investigations within 6 months (matching Federal OSHA)
- Safety discrimination investigations must be completed within 6 months
- These deadlines aim to resolve cases more quickly
Citation Changes
- “Repeat violation” lookback period limited to 3 years
- New “de minimis” classification for violations with no direct impact on safety
- This prevents costly penalties for minor paperwork issues
Legal Process Improvements
- Employers no longer need to fix cited issues while their case is under review
- Employers can now seek reimbursement for legal expenses when appealing to state court
- These changes make the appeals process more accessible, especially for small businesses
This approach from Kentucky may spread to other states with their own OSHA programs, as Kentucky joins Indiana in aligning state workplace safety regulations more closely with federal standards.
What can you do:
- Review your policies and procedures to ensure they meet the federal standards.
- If your facility manages hazardous substances, be sure to monitor for more information on the updated state regulations for Receiving and Unloading Bulk Hazardous Liquids.
Louisiana
Who: All employers
When: Effective Immediately
On May 21, 2025, Judge David Joseph of the U.S. District Court for the Western District of Louisiana vacated part of a 2024 Final Rule issued by the Equal Employment Opportunity Commission (EEOC) under the Pregnant Workers Fairness Act (PWFA). The portion of the 2024 Final Rule that he vacated relates to abortion.
The PWFA is an antidiscrimination law that requires covered entities (employers with 15 or more employees) “to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” except in cases of undue hardship on the part of the covered entity.
The EEOC’s 2024 Final Rule, written for the purpose of clarifying requirements under the PWFA, adopted an interpretation of “pregnancy, childbirth, or related medical conditions” to include individuals seeking accommodations related to their consideration of elective abortion care. This is the essential component of the PWFA that Judge Joseph vacated nationwide in his ruling on May 21, 2025.
Under Judge Joseph’s ruling, employers are not required to make accommodations under the PWFA for employees considering the option of elective abortion care. Employers are, however, required to continue providing reasonable accommodations for qualified employees experiencing pregnancy, childbirth, and related medical conditions, including cases where abortions or other terminations of pregnancy are deemed medically necessary.
The Equal Employment Opportunity (EEOC) will remove the language regarding elective abortions from the Pregnant Workers Fairness Act (PWFA) final rule. Abortions are covered under Title VII. Employers should be aware of additional provisions under PWFA, Title VII, and other state and local laws.
How:
- Train HR personnel and managers on PWFA requirements to ensure compliance with the law.
- Consult legal counsel as needed.
Additional Resources:
What You Should Know About the Pregnant Workers Fairness Act
Implementation of the Pregnant Workers Fairness Act
Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)
Who: Louisiana employers
When: Effective immediately
Effective August 1, 2024, Louisiana HB 161 amends Louisiana Revised Statute §9:2717 “Contracts Against Public Policy” and nullifies employer-required nondisclosure clauses agreed to prior to a hostile work environment dispute or sexual harassment dispute.
HB 161 defines a hostile work environment as one in which the harassment has risen to a level that alters the ability of an employee to perform their duties. Sexual harassment is defined as unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, physical, or sexual conduct when the conduct:
- Explicitly or implicitly affects an individual’s employment;
- Unreasonably interferes with an individual’s work performance; or
- Creates an offensive work environment.
An employee has the right to enter into a confidential settlement agreement with an employer as long as they enter into the agreement only after filing a report of hostility or harassment, or after a hostile work environment dispute or sexual harassment dispute has occurred.
How:
- Review your employment and separation agreements that employees signed while they were employed to ensure compliance with the law.
- Notify employees that the nondisclosure clauses will no longer be enforceable in future disputes involving hostile work environments or sexual harassment.
- Include a statement in general confidentiality agreements and policies that nondisclosure provisions do not apply to hostile work environments or sexual harassment disputes that could arise in the future.
- Review your equal employment opportunity and anti-harassment policies to ensure they comply with the law.
Additional Resources:
Who: Louisiana and Mississippi employers
When: Effective immediately
The federal Pregnant Worker’s Fairness Act (PWFA) was enacted on June 27, 2023. The law requires private and public employers with 15 or more employees to provide reasonable accommodations to job applicants and employees with limitations related to medical conditions associated with pregnancy or childbirth. The EEOC published the text of the Final Rule and guidance for implementing the PWFA on April 19, 2024, with an effective date of June 18, 2024.
In May 2024, the states of Louisiana and Mississippi filed a case against the Equal Employment Opportunity Commission to block the provision of the PWFA that requires employers to provide accommodation to employees who seek abortion care. On June 17, 2024, Judge David Joseph of the U.S. District Court in the Western District of Louisiana ruled in favor of the states, thereby postponing the effective date of the “Final Rule’s requirement that covered entities provide accommodation for the elective abortions of employees that are not necessary to treat a medical condition related to pregnancy.” The decision affects employers in Louisiana and Mississippi until final judgment is entered in pending litigation.
This preliminary injunction applies only to elective abortions. Terminations of pregnancy or abortions stemming from the underlying treatment of a medical condition related to pregnancy are not affected, and covered employers must provide accommodation to the extent outlined in the PWFA.
How:
- Continue to monitor legal challenges to the law.
Additional Resources:
Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)
42 USC Ch. 21G: Pregnant Worker Fairness
State of Louisiana et al v. Equal Employment Opportunity Commission
Mississippi
Who: Louisiana and Mississippi employers
When: Effective immediately
The federal Pregnant Worker’s Fairness Act (PWFA) was enacted on June 27, 2023. The law requires private and public employers with 15 or more employees to provide reasonable accommodations to job applicants and employees with limitations related to medical conditions associated with pregnancy or childbirth. The EEOC published the text of the Final Rule and guidance for implementing the PWFA on April 19, 2024, with an effective date of June 18, 2024.
In May 2024, the states of Louisiana and Mississippi filed a case against the Equal Employment Opportunity Commission to block the provision of the PWFA that requires employers to provide accommodation to employees who seek abortion care. On June 17, 2024, Judge David Joseph of the U.S. District Court in the Western District of Louisiana ruled in favor of the states, thereby postponing the effective date of the “Final Rule’s requirement that covered entities provide accommodation for the elective abortions of employees that are not necessary to treat a medical condition related to pregnancy.” The decision affects employers in Louisiana and Mississippi until final judgment is entered in pending litigation.
This preliminary injunction applies only to elective abortions. Terminations of pregnancy or abortions stemming from the underlying treatment of a medical condition related to pregnancy are not affected, and covered employers must provide accommodation to the extent outlined in the PWFA.
How:
- Continue to monitor legal challenges to the law.
Additional Resources:
Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)
42 USC Ch. 21G: Pregnant Worker Fairness
State of Louisiana et al v. Equal Employment Opportunity Commission
South Carolina
Who: South Carolina employers
When: Effective immediately
South Carolina Governor Henry McMaster signed SB 533 into law on May 23, 2022, with an effective date of August 1, 2024. It requires employers to eliminate the subminimum wage for employees with disabilities within two years and pay them at least the federal minimum wage of $7.25 per hour.
The Fair Labor Standards Act of 1938 allowed employers to pay those employees with disabilities less than the prevailing federal minimum wage. SB 533 will positively impact the estimated 1,000 South Carolinian workers currently affected by the lower rate.
How:
- Communicate with affected employees.
- Update your payroll systems.
- Adjust your payroll budget.
Additional Resources:
Tennessee
Virginia
Who:
- Virginia employers
When: Effective July 1, 2025
On March 24, 2025, Virginia Governor Glenn Youngkin signed HB 2269 and SB 1260 into law, which creates new workplace violence reporting requirements for hospitals. Effective July 1, 2025, Virginia hospitals must implement a workplace violence incident reporting system that will “document, track, and analyze any incident of workplace violence reported” and use the results to improve how they prevent workplace violence through methods such as violence prevention planning, risk identification, and training on de-escalation. Workplace violence is defined as “any act of violence or threat of violence, without regard to the intent of the perpetrator, that occurs against an employee of the hospital while on the premises of such hospital and engaged in the performance of his duties.”
Employers must inform all employees and new hires during orientation about the reporting system and include guidelines on when and how to report workplace violence incidents to employers, security agencies, and law enforcement. Hospitals must record all incidents of workplace violence incidents that an employee reports voluntarily without having to investigate it for accuracy. Employers must keep the records for a minimum of two years and include all of the data required by the law:
- The date and time of the incident;
- A description of the incident, including the job title(s) of affected employee(s);
- Whether the perpetrator was a patient, visitor, employee, or other person;
- Where the incident occurred;
- Details of the incident (e.g., physical attack, threat, sexual assault, other);
- The response to and any consequences of the incident; and
- The individual who completed the report, including name, job title, and date of completion.
Effective July 1, 2025, hospitals must report the data they collect to the chief medical officer and the chief nursing officer. Effective July 1, 2026, hospitals must send an annual report of the number of incidents voluntarily reported by an employee to the Department of Health.
Employers must adopt a policy that prohibits any person from discriminating or retaliating against any employee for reporting to, or seeking assistance or intervention from, the employer, security agencies, law enforcement authorities, local emergency services organizations, government agencies, or others participating in any incident investigation.
How:
- Establish a workplace violence incident reporting system.
- Train supervisors on the law.
- Review your employee training curriculum to determine whether it sufficiently addresses de-escalation, risk identification, and violence prevention planning.
- Review your employee handbooks, onboarding documents, and workplace violence policies.
- Monitor for future changes to the law.
- Consult with legal counsel to ensure compliance with the law.
Additional Resources:
Who: Virginia employers
When: Effective July 1, 2025
On March 24, 2025, Virginia Governor Glenn Youngkin signed SB 1218 into law, which amended the noncompete agreement law to further limit the number of low-wage employees employers may enter into noncompete agreements with under Virginia law Section 40.1-28.7:8. The definition of low-wage employee was previously those persons whose average weekly earnings fall below the Virginia average wage of $1,463 per week or $76,081 per year. Effective July 1, 2025, the definition of a low-wage employee is any employee who is entitled to overtime compensation under the federal Fair Labor Standards Act for more than 40 hours worked per week (i.e., nonexempt).
The amendment applies to agreements entered on or after July 1, 2025, and does not apply retroactively.
Other provisions of the law remain unchanged. Employers may still enter into nondisclosure and confidentiality agreements with low-wage employees. Employers must post a copy or summary of the statute with other employment posters; violations of the posting requirement are subject to civil penalties of $1,000. Each violation of the statute is subject to a $10,000 civil penalty, and employees have a private right of action.
How:
- Monitor the Virginia Department of Labor for an updated summary of Virginia Code Section 40.1-28.7:8 that you can post in the workplace.
- Determine which of your employees meet the new definition of low-wage employees.
- Review your noncompete agreements for compliance.
- Consider conducting a pay equity audit to ensure that exempt employees are correctly classified under the Fair Labor Standards Act.
- Review noncompete clauses included in employee handbooks, offer letters, severance agreements, and policies to ensure compliance.
- Consult with legal counsel to ensure compliance with the law.
Additional Resources:
