Posted on: April 16, 2025                                                                                                  

Employment laws have been changing at a rapid pace over the past several years. When these changes occur, employers often have questions about complying with the laws. In this article, we answer some of the latest questions we have received on hairstyle nondiscrimination, protections for pregnant workers, how employment laws apply to remote workers, overtime, and more.

Hairstyle nondiscrimination

Background: More than 20 states and 40 local jurisdictions have enacted laws expressly prohibiting hairstyle discrimination in employment. While these laws differ, they typically expand worker protections to include traits associated with, or perceived to be associated with, race. This includes, but is not limited to, hair texture, hair type, or protective hairstyles such as braids, locs and twists. Similar legislation has been proposed in more than a dozen other states. These laws are sometimes referred to as CROWN Acts (CROWN stands for Create a Respectful and Open World for Natural Hair).

Q: Do these laws protect employees who dye their hair?

A: There are some circumstances where employer policies or practices about hair dye could violate nondiscrimination laws even in locations that haven’t specifically banned hairstyle discrimination. For example, an employer that prohibits Black employees from dyeing their hair a certain color but allows other employees to do so, could violate prohibitions on race discrimination. Employers may also be required to accommodate employees who dye their hair for religious reasons.

Employers may wonder whether they can implement policies that prohibit all employees from dyeing their hair pink or other “unnatural” colors. Employers should be mindful that a seemingly neutral policy could be challenged if it has a disproportionate effect on a protected group. Before implementing such a policy, employers should consult legal counsel.

Q: Can I require employees to wear a head cover while they are working?

A: Where employers have legitimate health or safety concerns related to hair, they can generally consider a requirement for hair ties, hair nets, head coverings and/or alternative safety equipment, provided they aren't enforced in a discriminatory manner and don't otherwise violate applicable law.

Absent a legitimate health or safety concern, such a requirement could be found to violate laws prohibiting hairstyle discrimination. Other practices that could be found to violate these laws include:

• Prohibiting twists, locs, braids, cornrows, Afros, Bantu knots or fades.
• Telling an applicant or employee with locs that they can't be in a customer-facing role unless they change their hairstyle.
• Refusing to hire an applicant with cornrows because their hairstyle doesn't fit the "image" the employer is trying to project.

Protections for pregnant workers

Q: We have someone in our company who just announced they are pregnant. What do we need to know about pregnant employees’ rights?

Depending on where the employee works, they may be entitled to various protections, such as the following.

Leave

Whether a pregnant employee is entitled to leave can depend on a variety of factors, including the size of the employer and the state and local jurisdiction in which the employee works. Here are two examples.

• FMLA: Under the federal Family and Medical Leave Act (FMLA) an employer with 50 or more employees must allow female employees to take job-protected leave for incapacity due to pregnancy, for prenatal care, or for their own serious health condition following the birth of the child. Eligible employees may also use all or part of their FMLA leave entitlement to bond with their baby after childbirth or for a child's serious health condition. While FMLA applies to employers with 50 or more employees, some states have family and medical leave laws that cover smaller employers.
  
• State and local leave requirements: Some states and local jurisdictions require employers to grant leave for pregnancy, childbirth, or pregnancy-related medical conditions. In some of these states, leave entitlement is limited to those who are disabled by pregnancy. For example, in California, an employee disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of disability leave per pregnancy, if their employer has five or more employees. Several states have paid family leave laws, but these are typically limited to bonding with or caring for a child after giving birth, rather than for pre-natal conditions. Check your state and local laws for details to ensure compliance.

Note:  Leave related to pregnancy, childbirth, or related conditions can be limited to women affected by those conditions. However, parental leave must be provided to similarly situated men and women on the same terms.

Reasonable accommodations

The federal Pregnant Workers Fairness Act (PWFA) prohibits employers with 15 or more employees from:

• Failing to make reasonable accommodations to the known limitations related to the pregnancy, childbirth or related medical conditions of a qualified employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity;
  
• Requiring a qualified employee affected by pregnancy, childbirth or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in the Americans with Disabilities Act;
  
• Denying employment opportunities to a qualified employee if such denial is based on the need of the employer to make reasonable accommodations to the known limitations related to the pregnancy, childbirth or related medical conditions of the qualified employee;
  
• Requiring a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth or related medical conditions of the qualified employee; or
  
• Taking adverse action in terms, conditions or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth or related medical conditions of the employee.

The U.S. Equal Employment Opportunity Commission (EEOC) says some possible reasonable accommodations under the law include:

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
• Changing food or drink policies to allow for a water bottle or food;
• Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing;
• Changing a uniform or dress code or providing safety equipment that fits;
• Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
• Telework;
• Leave for healthcare appointments;
• Light duty or help with lifting or other manual labor; or
• Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.

State and local laws

Several states and local jurisdictions already required employers to provide such accommodations. Some apply to smaller employers and/or have additional requirements. For example, in Minnesota, employers with one or more employees must provide reasonable accommodations for health conditions related to pregnancy or childbirth, if the employee requests an accommodation with the advice of their healthcare provider or certified doula, unless doing so would impose an undue hardship on the business. In Minnesota, reasonable accommodations include, but are not limited to:

• • Temporary transfer to a less strenuous or hazardous position

  • Temporary leave

  • Modification in work schedule or job assignments

  • Seating

  • More frequent or longer break periods

  • Limits to heavy lifting

Check your state and local laws for details in your area.

Americans with Disabilities Act (ADA)

A pregnancy alone is not considered a disability under the federal ADA, but some impairments resulting from pregnancy (for example, gestational diabetes) may be considered qualified disabilities under the ADA. In these situations, employers may be required to provide a reasonable accommodation for a disability related to pregnancy (such as modifications that enable an employee to perform their job or a leave of absence to recover), absent undue hardship (significant difficulty or expense).

Other protections

The federal Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from discriminating against individuals on the basis of pregnancy or childbirth. The law prohibits, among other things, an employer from refusing to hire an applicant because of their pregnancy-related condition as long as they are able to perform the essential functions of the job. The law also forbids pregnancy-related discrimination when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, termination, and any other term or condition of employment. 

An involuntary transfer because of an employee's pregnancy may violate federal and state nondiscrimination laws. Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, their employer may not require them to remain on leave until they give birth. Nor may an employer have a rule that requires the employee to take leave once they reach a certain point in their pregnancy. Additionally, employers may not prohibit an employee from returning to work for a predetermined length of time after childbirth.

Pay transparency laws

Background: A growing number of states and local jurisdictions are: 1) requiring employers to disclose the pay range for a position to applicants and employees, and 2) expressly entitling employees to discuss their wages with co-workers. Collectively, these are generally known as pay transparency or wage transparency laws.

Q: Under these pay transparency laws, what type of information must be disclosed and in what circumstances?

A: It depends on the state or city in question. For example, in Colorado, in each posting for each job opening, an employer must disclose:

• The rate of compensation (or a range thereof); including salary and hourly, piece, or day rate compensation; that the employer is offering for the position.
• A general description of any bonuses, commissions or other forms of compensation offered for the position.
• A general description of all employment benefits offered for the position.
• The date the application window is expected to close.
• Employers must make reasonable efforts to provide, within 30 days of selection, information to certain employees about the candidate selected.

By contrast, in California, upon request, an employer must:

• Provide an applicant with the pay scale for the position for which they applied (even prior to initial interview); and
• Provide an employee with the pay scale for their current position.

In California, an employer with 15 or more employees must also include the pay scale for a position in any job posting.

Q: Can I prohibit employees from discussing their own wages with clients?

A: Under the National Labor Relations Act (NLRA), employees have the right to communicate with not only co-workers about their wages, but also with labor organizations, worker centers, the media, and the public, according to the National Labor Relations Board, which enforces the NLRA. 

Q: Do these pay transparency laws mean we must disclose the pay range of a certain employee to all the other employees?

A: No, the requirements are typically limited to the following:

• Disclosing the pay range for a position in any job posting or advertisement.
• Providing the pay range for the position to an employee who is offered a promotion or a transfer to a new position.
• Furnishing the pay range for a position to an employee holding such position or to an applicant for such position.

Remote workers

Q: We’re located in one state/city but have an employee who is working remotely in another. Which minimum wage applies to this employee?

A: In many cases, it would be the jurisdiction in which the employee performs the work. If more than one law covers the worker, generally the law most generous to the employee would apply. For example, if an employee is covered by both a state and local minimum wage, the higher minimum wage would apply.

Q: The state in which we operate requires my company to provide paid sick leave to our employees, but I also have some employees who occasionally work remotely in cities that also require paid sick leave. What should I do?

A: Assuming the employee qualifies for leave under multiple laws, you will have to coordinate compliance with them. With limited exceptions, where the laws conflict, the provision that is more generous to the employee applies. For example, the cities of Bloomington, Minneapolis and St. Paul in Minnesota had paid sick leave requirements before the state did. When Minnesota’s paid sick leave law went into effect January 1, 2024, employers had to follow the most protective law that applies to their employees.

Review the differences of each law and provide your employees with the greatest protection called for in each provision of the law. Consult legal counsel as needed.

Q: My state requires me to disclose a job’s pay range in all job postings. What if I intend to hire an applicant from out of state and who will work remotely?

A: Pay transparency laws may require that a pay scale be included in the job posting if the position may be filled in the jurisdiction, either in person or by someone working remotely from that jurisdiction. However, you will need to check your state/local law, regulations and guidance for details because not all states/local jurisdictions handle remote workers the same. Here are two examples.

• In California, an employer with 15 or more employees must include the pay scale for a position in any job posting. The California Labor Commissioner interprets this to mean that the pay scale must be included in the job posting if the position may ever be filled in California, either in-person or remotely.
  
• In New York, all jobs, promotions, or transfer opportunities that will physically be performed, at least in part, in the state of New York must include a range of pay when posted. Additionally, any job, promotion, or transfer opportunity that will physically be performed outside of the state of New York but reports to a supervisor, office, or other work site in the state of New York must also include pay or salary information. This includes remote positions.

Overtime and recordkeeping

Q: When does overtime apply after 8 hours in one day or 40 hours in a week? 

A:  Under federal law, employers must pay non-exempt employees overtime (1.5 times their regular rate of pay) whenever they work more than 40 hours in a workweek.

A handful of states also require time and a half after a certain number of hours worked in a day (also known as daily overtime). States with a daily overtime requirement include:

• Alaska: An employer may not employ an employee for a workweek longer than 40 hours or for more than 8 hours in a day. If an employer employs an employee in excess of 40 hours in a workweek or for more than 8 hours in a day, compensation for such overtime must be paid at the rate of 1.5 times the employee’s regular rate of pay.
  
• California: Employers must pay non-exempt employees 1.5 times their regular rate of pay for:
  
  
  • Hours worked over 8 in a workday;
  • More than 40 hours worked in a workweek; and
  • For the first 8 hours worked on the seventh consecutive workday in a single workweek.

California also requires employers to pay non-exempt employees double their regular rate of pay for all hours worked:

• • Over 12 in a workday; and
  • Over eight on the seventh consecutive workday in a workweek.

• Colorado: Employers must pay 1.5 times an employee’s regular rate of pay for hours worked past either: (a) 40 per week, (b) 12 per day, or (c) any 12 consecutive hours — whichever results in higher pay.
  
• Nevada: Employers must pay 1.5 times a non-exempt employee’s regular wage rate if an employee is paid less than 1.5 times the appliable minimum wage rate and works more than 40 hours in any workweek or more than 8 hours in any workday. Non-exempt employees who earn more than 1.5 times the appliable minimum wage rate are entitled to overtime pay if they work more than 40 hours in a workweek.

A couple of states have daily overtime requirements that apply to certain industries only. For example, Florida requires employers to provide manual laborers with extra pay whenever they work more than 10 hours in a workday, absent a written contract to the contrary. In Oregon, employees of manufacturing establishments must receive overtime after 10 hours in a day. In Oregon, special overtime rules also apply to certain work contracted for by government agencies, public works projects, canneries and some hospital employees.

Check your state law to ensure compliance.

Q: I have a non-exempt employee who is paid a salary, but only works 20 hours a week and never more than 40 hours in a week. Do we still need to track their hours?

A: Yes, under the federal Fair Labor Standards Act, employers must keep records of certain information for all non-exempt employees, including but not limited to:

• Hours worked each day
• Total hours worked each workweek
• Basis on which employee's wages are paid (e.g., "$15 per hour", "$440 a week", "piecework")
• Regular hourly pay rate

Conclusion

These are just some of the top questions we’ve received from other small businesses. As a best practice, it’s important to ensure your practices and policies comply with federal, state and local laws.