Each month, Mployer collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
As of May 20, 2025, the online filing system for Federal EE0-1 Data Submission is now open for submission. Private employers with 100 or more employees and federal contractors that meet certain criteria must submit the relevant data by June 24, 2025, which is less time to submit than in previous years. You can read more here.
US Citizenship and Immigration Services released a new I-9 form on April 2, 2025. Some of the updates include replacing the word “non-citizen” with “alien” and the word “sex” has replaced “gender.”
The previous I-9 forms - released on August 1, 2023 - remain valid until their listed expiration dates, in 2026 and 2027, respectively.
You can find the new forms here.
Colorado: Beginning July 1, 2025, Colorado employers that collect biometric data (e.g. fingerprints, retina scans, etc.) from employees and/or job candidates must follow the expanded guidelines laid out in the Colorado Privacy Act, which include implementing a written policy addressing biometric collection protocol and obtaining consent for the collection of biometric data. You can read more here.
Also Beginning July 1, 2025, employees taking continuous leave under the Family and Medical Leave Insurance program must be employed for 180 days prior to taking leave in accordance with the program, but employees taking intermittent leave, that job protection begins as soon as an employee hits their 180th day on the job, even if leave has already begun at that point. You can read more here.
As of May 16, 2025, Colorado has clarified that protected gender expression in the workplace includes chosen names and pronouns and that continuing to use a person’s birth name and pronouns against their wishes is an act of discrimination. You can read more here.
As of February 1, 2026 Colorado employers that use artificial intelligence to evaluate employees and job applicants are required to take proactive measures to ensure that those platforms are not enabling discriminatory practices. You can read more here.
Georgia: Employers in Georgia must begin phasing out below-minimum wage payments for employees with disabilities, with no new subminimum wage employment agreements beginning July 1, 2025 even for those employers with valid authorization certificates from the Department of Labor. Existing subminimum wage agreements must be equal or greater to half of the federal minimum wage by July 1, 2026 and must equal or exceed federal minimum wage standards by July 1, 2027. You can read more here.
New York: As of May 8, 2025, NY employers with more than 3 employees must conspicuously post their lactation room accommodation policies and guidelines as well as the relevant state requirements both somewhere accessible by all employees and on the organization's intranet if applicable
As of March 22, 2025, all New York employers regardless of size are prohibited from requiring job applicants or employees from providing a copy of their criminal history report that was obtained via the New York State Division of Criminal Justice Services.
As of March 2, 2025, all New York employers are prohibited from requiring job applicants to provide a copy of their criminal history record, which closes a loophole employers had been exploiting to obtain such records despite restrictions regulating their access to those records.
Beginning June 2, 2025, employers with 10 or more retail employees must have in place a written policy and training program for violence prevention measures and retail employers with 500 or more employees must install and/or maintain silent response buttons to alert authorities about emergencies. This legislation was originally slated to take effect March 4, 2025, But was amended to clarify employer responsibilities.
Further, as of January 1, 2025, New York employers are required to provide 20 hours of paid prenatal leave during a 52 week period. Also, as of the new year, the characteristics to which equal protection was extended via the New York State Human Rights Law and the resulting protections are formally enshrined in the New York State Constitution. Those characteristics include: age, disability, ethnicity, gender identity, gender expression, national origin, pregnancy, and anything else related to reproductive healthcare.
Oklahoma: Beginning November 1, 2025, Oklahoma is increasing the allowable tip credit - more info to come as it becomes available. You can read more here.
Oregon: Beginning July 1, 2025, Minimum wage increases across Oregon - climbing to $16.30 per hour in the Portland metro area, $15.05 per hour in standard counties, and $14.05 per hour in non-urban counties. You can read more about the increase schedule here and determine which counties fall into which categories here.
Beginning September 29, 2025, Oregon employers will be prohibited from asking candidates for certain age-related information like date of birth or graduation dates prior to and unless certain conditions are met. You can read more here.
Beginning January 1, 2026, Oregon employees will be permitted to utilize sick leave for certain types of blood donations and Oregon employers will be required to provide employees certain information about earnings and deductions on their pay stubs - more information to come as it becomes available. You can read more here and here, respectively.
As of January 1, 2025, Paid Leave Oregon provides leave for employees completing necessary legal steps associated with adopting and/or fostering children.
Tennessee: As of April 11, 2025, employers in Tennessee are required to pay out all owed earnings in the event of an employee’s death. Previously, Tennessee employers could cap those payments at $10,000. You can read more here.
Washington: Beginning June 27, 2025, employees in Washington state will be permitted to use sick leave in order to address immigration-related issues. You can read more here.
The Washington state legislature has also updated several laws governing when minors are allowed to work, employee protections, health care worker rest breaks, and workplace safety measures in certain industries. You can find those bills here, here, here, and here, respectively.
Beginning July 27, 2025, Washington employers with at least 50 full-time employees will be required to provide 60 days written notice in advance of layoffs or business closures that result in the loss of employment for at least 50 full-time employees. You can read more here.
Also beginning July 27, 2025, Washington employers will no longer be able to require that employees have driver’s licenses unless driving is part of the job function and/or central to a legitimate business purpose, and Washington employers must provide current and former employees (for up to 3 years following their term of employment) with copies of their personnel files at no cost within 21 days of receiving the request. You can read more here and here, respectively.
The Washington state legislature also made updates to job posting disclosure requirements here that take effect on July 27, 2025, as well.
Beginning January 1, 2026, the Washington state Paid Family Medical Leave Act will be expanded to include smaller employers. You can read more here.
As of May 1, 2025, minimum wage in the city of Bellingham, Washington increased to $18.66 per hour. You can read more here.
Wisconsin: The Wisconsin Supreme Court ruled that state laws that protect job candidates and workers from arrest-record discrimination also apply to non-criminal offenses like civil violations. You can read more here.
On March 14, President Trump rescinded Executive Order 14026 - which Biden signed in 2021 and raised the minimum wage for federal contractors from $10.10 per hour to $15 per hour with mechanisms contained within the order to continue increasing this wage minimum over time.
On January 1, 2025, in accordance with EO 14026, the minimum wage for federal contractors increased to $17.75 per hour, but now that Trump has rescinded EO 14026, it is unclear what the current minimum wage for federal contractors is.
You can read more here.
If your organization is using the alternative method for distributing 1095-B and 1095-C forms in accordance with the Paperwork Burden Reduction Act, your website must be in compliance from the first business day of March through at least October 15th. You can find guidance from the IRS about how to properly follow compliance protocols here.
On February 21, 2025, a federal judge put a stay on Trump’s Executive Order limiting the ability of federal agencies and federal contractors to operate Diversity Equity and Inclusion programs. The court questioned whether the order violated free speech rights and potentially illegally restricted otherwise legal actions taken by private entities. You can find the decision here.
From February 1st to April 30th, non-exempt (low hazard) employers who had at least 11 employees at some point in 2024 must post in a conspicuous place a copy of OSHA Form 300A, Summary of Work-Related Illness and Injury, certified by a company executive.
For non-exempt employers that had 250 or more employees at some point last year and employers with 20 or more employees in specified high risk industries, OSHA requires electronic submissions, which are due by March 2nd, 2025.
You can find the electronic submission platform here.
As of January 13, 2025, the extension period for certain renewal Employee Authorization Document (EAD) applications filed on May 4, 2022 or later has been formalized at 540 days.
You can read more here.
As of January 1, 2025, the IRS mileage reimbursement rate for road miles driven for business purposes increased by 3 cents per mile from 67 to 70 cents per mile driven.
In response to a Federal Court of Appeals Decision that vacated the so-called 80/20/30 rule that was instituted in 2021, the Department of Labor officially reverted to the previous tip credit rule.
You can read more here.
As of January 1, 2025, the threshold for what qualifies as affordable coverage is now 9.02%, which means that an employee’s required contribution to the plan can be no more than 9.02% of their salary in order for the plan to be considered affordable and to avoid potentially paying the penalty.
You can read more about the affordability threshold here.
You can read more here.
You can find the complete IRS 2025 benefit contribution limit list here.
You can find guidance for ERISA 403(b) plan eligibility requirements for long-term, part-time employees according to the updated standards from the Secure ACT 2.0 here.