Perspectives

Starting January 1, 2025, New York will become the first state in the coutnry to offer Paid Prenatal Leave, setting a precedent for employment legislation nationwide. This groundbreaking law grants employees 20 hours of paid leave for healthcare services related to pregnancy. These services include physical examinations, medical procedures, monitoring, testing, and discussions with healthcare providers about pregnancy.

Key Details Employers Need to Know:

• Coverage for all Private Employers: Regardless of size, all private employers in New York must comply with this law. Whether your business employs one person or 1,000, Paid Prenatal Leave is mandatory.
• Immediate Eligibility: Employees are entiltled to Paid Prenatal Leave from the moment they are hired, eliminating any waiting periods for eligibility.
• Additional to Sick Leave: Paid Prenatal Leave is in addition to New York’s existing Sick Leave Requirements. Employees are entiltled to 40 or 56 hours of Sick Leave (depending on employer size) plus an additional 20 hours specifically for prenatal care.

What This Means for Employers

This new requirement adds to the already complex framework of employment laws in New York. Employers must adjust their policies, track Paid Prenatal Leave seperately from other leave types, and ensure they remain compliant to avoied potential penalties. The law’s universal application, even for small businesses, means no employer is exempt from these changes.

Partner with WFJ to Stay Ahead

Navigating employment legislation can be challenging, especially with New York setting new precendents.. WFJ’s Compliance Center is here to help. Our team of experienced attorneys and SHRM-certified professionals can guide you in updating your policies, answering your questions, and ensuring compliance with the Paid Prenatal Leave law and other evolving regulations.

Don’t wait until you’re impacted by a new law-contact WFJ today to partner with a legal team dedicated to keeping your business compliant and protected in the face of ever-changing employment laws. 

As the calendar flips to 2025, several new laws take effect in Minnesota, impacting everything from public health to renter’s rights. Here’s an overview of the key changes Minnesotans should know:

PFAs Ban

Minnesota has taken a bold step in environmental protection by banning products that intentionally include “forever chemicals”, knows as PFAs. These chemicals, linked to serious health issues such as cancer, thyroid disease, and low birth rates, have been found globally in water, soil, wildlife, and humans. This measure aims to reduce the exposure and protect public health and the environment.

Medical Costs and Coverage

Healthcare affordability sees improvements with the following changes:

• Prescription Drug Caps: Health plans can no longer charge more than $25 for a one-month supply of chronic disease medications, including those for diabetes, asthma, and allergies. Related medical supplies, such as syringes and insulin pumps, are capped at $50 per month.
• Wig Coverage: Health plans must now cover the cost of scalp hair prostheses (wigs) for individuals experiencing hair loss due to medical conditions or treatments.

Renter’s Rights

A series of new laws strengthen protections for tenants:

• Tenant Associations: Tenants can form associations to advocate for improved housing conditions, amenities, or community life without fear of retaliation from landlords.
• Construction Delays: Landlords must provide remedies if a tenant’s move-in date changes due to new construction delays.
• Utility Shut-Off Protections: Residential utility customers are protected from having their electric or natural gas services shut off between October 1 and April 30, ensuring access during the colder months.

Automatic Criminal Record Expungement

Minnesota is giving a fresh start to an estimated 500,000 residents. Nonviolent misdemeanors and certain low-level felonies will be automatically expunged if the individual has remained crime-free for two to five years. This initiative supports rehabilitation and helps reduce barriers to employment and housing.

Crackdown on Junk Fees

To increase transparency and fairness, businesses can no longer advertise goods or services without including all mandatory fees or surcharges. This law targets hidden costs in concert tickets, hotel bookings, and restaurant bills.

Salary Transparency in Job Postings

Minnesota employers with 30 or more employees must disclose the salary range or fixed pay rate in job postings. This measure promotes pay transparency and equity for job seekers.

Candidacy Filing Requirements

Candidates for pubic office must present a valid driver’s license or state ID with their current address, or other proof of residency, when filing an affidavit of candidacy. This change ensures accuracy and accountability in the electoral process.

Binary Trigger Ban

In an effort to enhance public safety, Minnesota has banned guns with binary triggers. These devices allow firearms to discharge on both the pull and release of the trigger, significantly increasing firing rates.

These new laws reflect Minnesota’s commitment to environmental stewardship, public safety, healthcare accessibility, and social equity. As these changes take effect, residents and businesses alike should familiarize themselves with the updates to ensure compliance and take advantage of the new protections.

As 2024 draws to a close, we want to reflect on the critical legal developments of the past year and prepare for the challenges and opportunities ahead. This year has been marked by significant changes across employment law, compliance regulations, and workplace standards. Staying informed is no longer optional-it’s essential to protect your business and foster growth.

Key Legal Updates from 2024

FTC’s Nationwide Non-Compete Ban 

While a Texas federal judge blocked the FTC’s non-compete ban, the regulatory environment remains dynamic. The FTC is likely to appeal, and the state-specific restrictions on non-compete agreements continue to evolve. Employers must tread carefully, especially with the NLRB’s increased focus on these agreements.

DOL Salary Threshold Adjustments

Changes to salary threshold rules have created new challenges for employers. While some salary adjustments may no longer be required, rolling back pay increases could impact employee morale. Employers should remain aligned with current legal standards and future appeals.

OSHA Updates

Enhanced workplace safety standards were introduced, including updated heat illness prevention rules and compliance requirements for indoor workplaces.

State-Specific Legislation

From California’s expanded whistleblower protections to Minnesota’s updates on wage transparency and classification laws, states have been highly active in updating employment regulations. Many of these laws take effect in early 2025, such as Minnesota’s minimum wage increase and job posting pay range requirements.

Preparing for 2025

The new year brings stricter requirements and evolving expectations, such as salary transparency laws in Massachusetts and Vermont, expanded leave protections in Connecticut, and revised minimum wage standards across several states. Employers must remain proactive to avoid penalties and ensure compliance.

Why Partner with WFJ?

At WFJ, we understand that navigating these complex changes can be overwhelming. Our team of experts is here to provide tailored solutions, helping you:

• Monitor regulatory changes and asses their impact on your business.
• Update workplace policies and agreements to align with federal and state laws.
• Foster a compliant and motivated workforce while mitigating risks.

With WFJ as your trusted partner, you’ll stay ahead of the curve in 2025 and beyond. Together, we can safeguard your business, ensuring you remain compliant while building a strong foundation for future success.

Let’s Get Started

Don’t let compliance challenges hold you back. Contact WFJ today to schedule a consultation with our Compliance Center and prepare for a legally secure 2025.

If one of your goals in 2025 is ensure your contracts are more secure, you’re not alone. Contracts are often viewed as administrative necessities, but for businesses involved in capital equipment sales-whether it’s large machinery, medical devices or construction materials-contracts are powerful tools for mitigating financial and legal risks. Poorly drafted agreements can lead to costly disputes, lost revenue, and exposure to liabilities that could threaten the financial stability of your business. By incorporating key provisions, you can safeguard your operations and reduce potential risks. Let’s explore three critical contract terms every capital equipment provider should prioritize.

Limitation of Liability: Safeguard Your Financial Interests

A limitation of liability clause protects your business from excessive financial exposure by capping the damages you may be required to pay in the event of a dispute or breach. For capital equipment providers, this protection is crucial given the significant cost associated with product failures, delayed delivery, or operational downtime.

How it works:

This clause limits liability to a specific dollar amount, such as the contract value or a predetermined ceiling, ensuring your exposure is manageable. For example, if a client incurs significant losses due to malfunction, your liability could be limited to the purchase price of the product rather than broader, unpredictable costs like lost profits or third-party claims.

Best Practice:

Be precise in defining the cap and consider excluding specific types of damages, such as consequential, incidental, or punitive damages. Keep in mind that enforceability may vary by  jurisdiction, so consult legal counsel to endure your contracts are legally sound and enforceable.

Warranties: Clearly Define Your Obligations

Warranties establish the scope of your obligations and help set customer expectations, which is critical in capital equipment sales where trust is essential. Warranties can be express (explicitly stated) or implied (automatically applied by law). Managing these warranties properly can prevent misunderstandings and legal disputes.

Express Warranties:

These are explicit promises regarding the product’s performance, quality, or lifespan. They’re often detailed in contracts, marketing materials, or technical specifications. Missteps in how these promises are worded can lead to overcommitments and liability exposure.

Implied Warranties: These include written guarantees like the warranty of merchantability (the product will perform as expected) and fitness for particular purposes (the product is suitable for the buyer’s specific need). While these are automatic in many transactions, they can often be limited or disclaimed through carefully crafted contract language.

Best Practice:

Specify what is covered and for how long. If applicable, disclaim implied warranties to avoid unforeseen obligations. For example, a clause such as “The product is sold as-is with no implied warranties” can significantly reduce your risk.

Indemnity Clauses: Shift Liability for Third-Party Claims

Indemnity clauses allocate the financial responsibility for third-party claims to a specific party, which is essential in capital sales where the risk of product-related claims is higher. These provisions protect your business from bearing the financial burden of lawsuits related to product performance, safety, or improper use by the customer.

How it works:

If a customer or a third party files a claim due to a malfunction, defect, or accident, an indemnity clause can transfer the responsibility for legal costs, settlements, and damages away from your company. This is particularly valuable in industries like construction, healthcare, and heavy equipment, where operational risks are significant.

Best Practice:

Ensure the indemnity clause defines the scope of claims covered and the extent of liability. In some cases, mutual indemnity-where both parties agree to indemnify each other under certain circumstances-can provide balanced protection.

The Bottom Line: Protect Your Business Through Smart Contracting

For capital equipment providers, contracts are more than legal agreements-they are essential risk management tools. By integrating provisions such as limitation of liability, clear warranties, and well-structured indemnity clauses, you can significantly reduce your exposure to financial loss and legal disputes.

Taking the time to review and refine your contracts with experienced legal counsel ensures that these provisions are both enforceable and tailored to your unique business needs. Protecting your business today with robust contract terms can prevent costly issues down the road and strengthen your financial stability. Take action. If you’re unsure whether your contracts effectively reduce your risk, now is the time for a review. Contact Wagner, Falconer and Judd for expert guidance on drafting capital sales contracts designed to protect your bottom line.

As we approach 2025, employers face a host of new legislative changes that could significantly impact workplace policies, practices, and budgets. Staying ahead of these changes is not just about avoiding penalties-it’s about fostering a compliant, inclusive, and future-ready workplace. Below are five key areas employers should focus on, along with insights into how they can prepare effectively.

Stay Ahead of New Poster Requirements

Mandatory workplace posters are a simple but crucial compliance requirement. With changes in federal and state laws, updated posters often reflect new employee rights and employer obligations. Employers should monitor for updates to ensure their postings are current. Noncompliance can lead to fines, not to mention the risk of employee claims stemming from lack of information.

Be Ready for Even More Pay Transparency

Pay transparency laws are expanding, with states requiring employers to disclose salary ranges in job postings, promotions, and even during annual reviews. These laws aim to close wage gaps but also add layers of complexity to hiring and compensation strategies. Employers need to evaluate their pay structures, ensure consistent practices, and prepare for increased scrutiny.

Keep an Eye on Emerging Paid Leave Laws

From parental leave to paid sick leave, state and local governments continue to introduce new paid leave laws. These laws not only affect policy creation but also payroll systems and employee handbooks. Employers should stay updated on new mandates and consider how to balance compliance with operational needs.

Plan for Big Minimum Wage Hikes

Minimum wage increases are sweeping the country, with some states and cities enacting annual adjustments tied to inflation. These changes can significantly impact payroll budgets, especially for businesses with large hourly workforces. Employers should strategize how to mitigate the financial impact, whether through workforce planning, price adjustments, or operational efficiencies.

Create Clear Policies for AI in the Workplace

As artificial intelligence (AI) tools become more prevalent in hiring, performance management, and operations, employers must establish clear policies to address their ethical and legal use. Laws surrounding AI in employment are emerging, particularly around bias, data privacy, and employee monitoring. Employers should proactively set policies that balance innovation with fairness.

The Importance of Partnering with Legal Experts

Navigating these legislative changes is no small feat. The nuances of new laws, the pace of change, and the potential for penalties make it essential to work with trusted legal counsel.

Partnering with experts helps employers:

• Interpret and implement laws correctly.
• Develop compliant policies tailored to their industry workforce.
• Avoid costly litigation by identifying and addressing risks proactively.

Final Thoughts

2025 promises to be a transformative year for workplace legislation, but with the right preparation, employers can turn compliance challenges into opportunities. By staying informed and seeking expert guidance, businesses can not only meet legal obligations but also build workplaces that attract and retain top talent.

If you’re looking for support to navigate these changes, reach out to our team at WFJ. Our legal experts are here to help you stay ahead and compliant in the ever-changing employment landscape.

On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction blocking the enforcement of the Corporate Transparency Act (CTA). The court ruled that the CTA is unconstitutional, meaning businesses are not currently required to comply with the reporting deadlines.

For now, this ruling means that:

• Companies formed before January 1,2024, are not required to file their beneficial ownership information by the general deadline of January 1, 2025.
• Companies formed on or after January 1, 2024, are not required to meet the 90-day reporting deadline after their formation date.

It’s important to note that this is a preliminary injunction. The decision could be appealed to a higher court, and the injunction may be lifted or overruled. At the time of this post, FinCEN-the agency responsible for enforcing the CTA-has not publicly addressed its plans following the court’s decision.

Ongoing Legal Challenges

The Texas case isn’t the only one questioning the constitutionality of the CTA. In Alabama, another federal court also ruled the law unconstitutional but limited the ruling to the plaintiffs in that case. The government has appealed this decision to the Eleventh Circuit Court of Appeals.

The outcome of these cases is uncertain. The Eleventh Circuit could affirm or reverse the Alabama court’s ruling, or it could send the case back to the lower court without deciding on the constitutionality of the law. Whether this happens before the January 1, 2025 deadline is unknown, as is whether any ruling would apply nationally or only to specific parties.

What Should Businesses Do?

Given the legal uncertainty, WFJ recommends that businesses continue preparing to comply with the CTA’s reporting requirements:

• If your company was formed before January 1, 2024, be ready to file your beneficial ownership information by the January 1, 2025, deadline.
• Companies that fail to comply-if the law is ultimately enforced-could face serious penalties, including criminal and civil consequences.

Our team is closely monitoring developments in these cases and any updates from FinCEN. If you have questions about your compliance obligations or how this ruling might impact your business, WFJ is here to help.

Stay informed and protected-reach out to us today for guidance.

The American’s with Disabilities Act (“ADA”) requires employers to provide an employee with a disability with a reasonable accommodation to allow the employee to perform the essential functions of the job. The obvious question then becomes…what is a reasonable accommodation? This question frequently leaves employers feeling stuck and struggling to identify a reasonable accommodation. However, the Job Accommodation Network (“JAN”) is a great resource for employers. JAN’s website–AskJAN.org–offers creative and effective accommodations for employees with disabilities. JAN’s one objective is to find and share effective workplace accommodation solutions to employers to allow employees to get back to work.

JAN’s website now offers a search tool call the “Situations and Solutions Finder” that gives employers more than 700 accommodation ideas to offer employees with disabilities. The ideas included in the Situations and Solutions Finder tool are real-world examples of accommodations that employers have given their employees. The Situations and Solutions Finder tool lets employers search for accommodation scenarios by filtering the search results by disability, limitation, and/or occupation. For example, if you search “Sleeping/Staying Awake” in the “Limitations” filter, you will see examples of how an employer provided an employee with sleep apnea a small device called the Doze Alert that fit in the employee’s ear and made a noise whenever the employee’s head started to drop forward at work, or how offering a standing desk for an employee with narcolepsy may be a reasonable accommodation for the employee.

The Situations and Solutions Finder tool is a helpful resource employers can use to satisfy their obligations under the ADA. The ADA requires employers to engage in the “interactive process” when an employee requests an accommodation or when the employer knows the employee has a disability and needs accommodation. The interactive process is a fancy legal phrase that simply means the employer and employee must engage in an informal discussion to discuss the employee’s work limitations caused by the disability and what reasonable accommodation, if any, will allow the employee to effectively perform the essential functions of the employee’s job. 

Employers often think there is no reasonable accommodation it can offer an employee.

When employers are stuck in finding a reasonable accommodation, the Situations and Solutions tool is a great resource to turn to. Remember, a reasonable accommodation does not mean the “best” accommodation or the accommodation the employee prefers. Rather, a reasonable accommodation means the accommodation allows the employee to effectively perform the essential functions of the job. 

Navigating the complexities of reasonable accommodations under the ADA can be challenging for employers, but resources like JAN and its Situations and Solutions Finder tool can make the process more manageable. However, ensuring your organization’s policies align with ADA requirements and that your HR professionals and leaders are well-versed in the latest tools and strategies is critical to compliance and fostering an inclusive workplace. Don’t leave these important matters to chance. Consult with an experienced attorney to review your policies, provide tailored guidance, and deliver training to your team. Together, we can ensure your organization is prepared to meet its obligations and support employees effectively.