Federal Compliance Updates

Minimum Wage Increase for Federal Contractors

Increases the minimum wage rate for workers performing work on or in connection with covered contracts to $11.25 per hour beginning January 1, 2022.

EEO-1 Final Deadline Extension

The Equal Employment Opportunity Commission (EEOC) has extended the deadline for filing the 2019 and 2020 EEO-1 forms, from August 23 to October 25, 2021. Businesses with 100 or more employees and federal contractors with at least 50 employees are required to file the forms.

CDC Guidelines for Vaccinated People

Effective July 27, 2021, the Centers for Disease Control and Prevention (CDC) has now recommended that people vaccinated for the coronavirus resume wearing masks indoors in response to the surge of infections with the Delta variant.

Federal "Long COVID" as a Disability under Anti-Discrimination Laws

Effective July 26, 2021, COVID is now recognized as a disability under the Americans with Disabilities Act (ADA) and Rehabilitation Act. This means that employers will be required to engage in the interactive process to provide reasonable accommodations or reasonable alternative accommodations.

OSHA COVID-19 Emergency Temporary Standards

OSHA has released an Emergency Temporary Standard (ETS) for COVID-19 for healthcare employers with some requirements enforceable effective July 5 and others as of July 21.

Limits to Non-Compete Agreements

Effective July 9, 2021, President Biden's administration's Executive Order encourages the Federal Trade Commission (FTC) to limit the “use of non-compete agreements and unnecessary occupational licensing requirements that impede economic mobility.”

DOL Final Rule – Tipped Employee Regulations

The U.S. Department of Labor (DOL) issued a final rule on June 21, 2021, regarding tip credit issues under the Fair Labor Standards Act (FLSA). The new rule (1) incorporates legislative changes to the FLSA related to tip ownership, even when employers do not apply a tip credit toward employees’ wages; and (2) adopts the DOL’s 2018 opinion letter that clarified the scope of the dual jobs regulation and eliminated the “80/20 Rule.”

Executive Order Grants $15 Minimum Wage for Federal Contractors

This Executive Order from President Biden will raise the minimum wage for certain federal contractors to $15 an hour by January 2022. The new executive order expands upon the Federal Minimum Wage Executive Order 13658 signed by President Obama in February 2014.

DOL Guidance – Liquidated Damages

The U.S. Department of Labor (DOL) issued a bulletin on April 9, 2021, that provides updated guidance regarding the practice of seeking liquidated damages (“double damages,” or double the amount of back pay an employer owes) for settlements in lieu of litigation.

CDC Safety Guidance for the Fully Vaccinated

The Centers for Disease Control and Prevention (CDC) released updated guidance concerning facial coverings and social distancing for fully vaccinated individuals on May 13, 2021. While masks are still recommended in most settings, those who have been inoculated may begin to experience a slight return to pre-pandemic normalcy.

American Rescue Plan Act

Effective March 11, 2021, the American Rescue Plan Act modifies the Paycheck Protection Program and extends tax credit to employers for retaining employees and for providing FFCRA leave.

I-9 Verification Flexibility

Effective March 20, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance granted early 2020. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) extended this policy until March 31, 2021.

OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Effective January 29, 2021, OSHA released guidance that contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.

Anti-Money Laundering Act

Effective January 1, 2021, the Anti-Money Laundering Act puts new whistleblower protections into place, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal statute.

DOL Final Rule – Independent Contractor Status under the Fair Labor Standards Act (29 CFR Parts 780, 788, & 795)

The proposed DOL final rule effective March 8, 2021 (currently frozen by executive memorandum) stating employers must set forth the test under the Fair Labor Standards Act (FLSA) for determining whether a worker is an employee or an independent contractor has been barred by President Biden's Chief of Staff.

State Compliance Updates

The following states have updated laws and regulations that either have or will soon take effect.

Select the states you want to see, then scroll to view.

Showing All States

Alaska

Minimum Wage

Effective January 1, 2021

Minimum wage per hour will increase to $10.34.

Alabama

Non-Disparagement Obligations Act

Effective January 21, 2022

Worker Classification

Effective June 1, 2021

Alabama employers must follow specified requirements to determine whether a worker is an employee or independent contractor when determining benefits and tax liabilities.

Medical Marijuana Approval

Effective May 17, 2021

Alabama governor signed the medical cannabis legalization bill into law. This law allows the use of medical marijuana products for more than a dozen conditions and symptoms such as chronic pain, depression, seizures, muscle spasticity, and terminal illnesses.

Arizona

Glendale, Arizona Anti-Discrimination Ordinance

Effective September 22, 2021

The City of Glendale, Arizona, will be adopting an ordinance that prohibits employment discrimination on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran's status, marital status, or familial status. The ordinance applies to employers within the City who have five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Certificate of Second Chance

Effective August 27, 2021

House Bill 2067 provides liability protections to employers of an employee who has been provided with a Certificate of Second Chance related to criminal convictions.

Civil Rights Act Amendment – Pregnancy Discrimination

Labor Relations and Union Dues

Effective August 5, 2021

Labor organizations will be subject to similar fiduciary guidelines as employers or third-party administrators that provide benefits to employees.

Arizona Back to Work

Effective July 10, 2021

Arizona announced Back to Work programs to assist with individuals' transition from unemployment to re-employment. Arizona will end the Federal Pandemic Unemployment Compensation program and instead offer a $2,000 bonus for eligible workers obtaining full-time positions or a $1,000 bonus for part-time positions.

COVID-19 Vaccine Accommodations and Passports

Effective July 1, 2021

This law prohibits state entities from establishing a COVID-19 vaccine passport and requires employers to provide reasonable accommodations if employees' sincerely held religious beliefs prevent them from taking the COVID-19 vaccine.

COVID-19 Immunity from Liability

Effective April 5, 2021

Senate Bill 1377 provides civil immunity from liability for COVID-19 claims if conduct complies with federal or state guidance unless there was gross negligence or intentional wrongdoing.

MInimum Wage

Effective January 1, 2021

Minimum wage per hour will increase to $12.15.

Arkansas

Multiple Employer Welfare Arrangement

Effective July 30, 2021

Independent Contractor-Direct Sellers

Effective July 30, 2021

Amended Law on Firearms in Employer's Parking Lot

Effective July 29, 2021

Employers may not prohibit an employee's possession or storage of legal firearms in their personal vehicles parked in the employer's parking lot.

Immunity from [COVID-19] Liability

Effective April 5, 2021

House Bill 1487 provides immunity from civil liability for damages or injuries caused by, or resulting from, exposure to COVID-19 on the premises of the business.

Workers' Compensation [for COVID-19]

Effective March 15, 2021

House Bill 1488 provides workers compensation benefits for COVID-19 and considers COVID-19 exposure as an occupational disease when the employer has knowledge that, within the normal course and scope of the employee's job performance, an employee's exposure to COVID-19 is possible, likely, or certain.

Non-chargeability of Unemployment Benefits

Effective February 25, 2021

House Bill 1212 provides that unemployment benefits claimed during the COVID-19 pandemic may be non-charged to a separate account of each employer.

Minimum Wage

California

CalSavers – Mandated Retirement Plans

Effective June 30, 2022

For California employers with five or more employees: Employers who do not sponsor an employee retirement plan must participate in a state-run retirement program.

Effective June 30, 2021

For California employers with more than 50 employees...

Effective September 20, 2020

For California employers with more than 100 employees...

Meal and Rest Premium Pay Practices

Effective July 15, 2021

The California Supreme Court ruled on July 15, 2021, that meal, rest, or recovery-period premium payments must be made at the "regular rate of pay."

COVID-19 Workplace Safety Order

Effective June 11, 2021

The California Department of Public Health Director & State Public Health Officer issued an Order to implement California's public health guidance related to COVID-19.

Right to Recall Law

Effective April 16, 2021

The service industry in California that caters to hotels, private clubs, event centers, airports, and office, retail, and commercial buildings—including those in the janitorial, building maintenance, and security services industries—are required to recall workers laid-off for reasons related to COVID-19 if and when positions become available. This law expires on December 31, 2024.

COVID-19 Supplemental Paid Sick Leave

Effective March 29, 2021

All California employers, public or private, with more than 25 employees (including those with collective bargaining agreements), must pay for the employee's time, including travel time, if the employer requires the employee to obtain a COVID-19 test or vaccination.

CPPA Amendments

Effective March 15, 2021

The new CPPA Amendments modify provisions related to a consumer's right to opt-out of the sale of their personal information, with the aim of "protecting consumers from unlawful business practices that may be deceptive or misleading."

Supreme Court Ruling – Donohue v. AMN Services, LLC

Effective February 25, 2021

Required COVID-19 Exposure Notice to Employees

Effective January 1, 2021

California employers are required to provide employees with written notification within one business day of receiving notice of “potential exposure” to COVID-19. Employers are also required to report three or more positive cases in 14 days to the local health department.

Reporting COVID-19 Cases

Effective January 1, 2021

California employers are required to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19.

Board of Directors Inclusion

Effective January 1, 2021

California corporations are required to add individuals from underrepresented communities to their boards of directors.

California Consumer Financial Protection Law

Effective January 1, 2021

Businesses that provide financial products and services are prohibited from adverse action against employees who have filed any proceedings under consumer financial law.

Statute of Limitations for Retaliation Complaints

Effective January 1, 2021

California employers must extend the period of time to file discrimination complaints with the Labor Commissioner from six months to one year after the occurrence of the violations.

California Overtime Exemption for Physicians and Surgeons

Effective January 1, 2021

The minimum hourly rate for the licensed physician and surgeon increased to $86.49.

California Overtime Exemption for Computer Employees

Effective January 1, 2021

The minimum hourly rate for the computer software employee exemption increased to $47.48, the minimum monthly salary increased to $8,242.32, and the minimum yearly salary increased to $98,907.70.

Mandatory Reporters

Effective January 1, 2021

California employers with five or more employees who employ minors are required to provide mandated reporters with training on identifying and reporting child abuse and neglect.

No-hire Provisions in Settlement Agreements

Effective January 1, 2021

California employers with five or more employees who hire minors must clarify when there's a no-rehire provision in a settlement agreement regarding harassment, sexual assault, or criminal conduct.

Leave for Victims of Crime and Abuse

Effective January 1, 2021

California employers with at least 25 employees are prohibited from discriminating against an employee who is a victim of crime or abuse for taking time off of work.

California Family Rights Act

Effective January 1, 2021

California employers with five or more employees are required to allow an employee to take up to 12 weeks of unpaid leave to bond with a new child of the employee or to care for themselves or a child (including an adult child over age 18), parent, grandparent, grandchild, sibling, spouse, or domestic partner.

Mandatory Occupational Safety Training

Effective January 1, 2021

Employers with employees performing work on construction sites, involved in the presentation or production of live entertainment, filmmaking or photography, television programs, sporting events, or theatrical performance—and performing work at sites primarily used for trade shows, conventions and related activities—are required to provide training to covered workers, and more extensive training to supervisors.

Consumer Privacy Act Amendment

Effective January 1, 2021

California employers must extend the business-to-business and employee exemptions through January 1, 2022.

"Kin care" and Paid Sick Leave

Effective January 1, 2021

California employers must allow employees to use their accrued and available sick leave to care for ill family members, including a parent, spouse, registered domestic partner, grandparent, grandchild, or sibling. This amendment provides that the choice to designate the use of sick leave for "kin care" is at the employee’s sole discretion.

Annual Report — Pay Data

Effective January 1, 2021

California employers with 100 or more employees are required to submit a pay-data report to the DFEH.

Sexual Harassment Training

Effective January 1, 2021

The harassment training deadline for supervisory employees has been extended to January 1, 2021. This clarifies that a California employer with five or more employees, that has provided harassment training to an employee after January 1, 2019, is not required to do so again until after December 31, 2020.

Minimum Wage Requirement

Effective January 1, 2021

  • Small employers (25 or less): $13
  • Large employers (26+): $14

Deferral Program

Effective December 1, 2020

California small businesses that employed 100 or fewer employees as of December 31, 2019—and that suffered a 50% decrease or more in income tax gross receipts (generally all income, less returns and allowances) when comparing second-quarter 2020 to second quarter 2019—are allowed a small-business hiring credit against California state income taxes or sales-and-use taxes to certain California-qualified small business employers that receive a tentative credit reservation.

Cal / OSHA COVID-19 Exclusion Pay Mandate

Effective November 30, 2020

Effective November 30, 2020, and expiring on October 2, 2021, California employers must provide paid, job-protected leave for employees who are excluded from the workplace until they can return safely.

Entertainment Industry — Training for Age-eligible Minors

Effective September 25, 2020

California employers with five or more employees who hire minors prior to the issuance of an entertainment work permit to a minor, must ensure the parent or legal guardian of the minor, and the age-eligible minors, receive and complete training in sexual harassment prevention, retaliation, and reporting resources.

By Jurisdiction

Alameda County

Berkeley

Effective July 1, 2021

Minimum Wage

Minimum wage increased to $16.32 (including YouthWorks' job training programs).

Effective February 23, 2021

Hazard Pay for Grocery Workers Ordinance

Grocery stores that employ 300 or more employees in the state of California are required to pay $5 per hour of hazard pay to their grocery store workers.

Emeryville

Effective July 1, 2021

Minimum Wage

Minimum wage increased to $17.13

Fremont

Effective July 1, 2021

Minimum Wage

For businesses with 26 or more employees, the minimum wage increased to $15.25. For those with 25 or fewer employees, the minimum wage increased to $15.

Oakland

Effective February 2, 2021

Ordinance No. 21-0059

Grocery stores that employ 500 or more employees nationally are required to pay $4 per hour of hazard pay to employees.

San Leandro

Effective February 16, 2021

Retail Food Worker Hazard Pay Ordinance

Retail food establishments that employ 300 or more employees nationally are required to pay $5 per hour of hazard pay to employees.

Los Angeles County

* Countywide

Effective June 24, 2021

Paid Leave

Los Angeles County enacted an ordinance requiring all private employers located in the unincorporated areas of the county to provide paid leave, under certain circumstances, to allow employees to receive the COVID-19 vaccine.

Effective February 23, 2021

Grocery Hazard Pay Ordinance

Grocery stores that employ 300 or more employees nationally and employ more than 10 employees per location in Los Angeles are required to pay employees no less than five dollars ($5) per hour, in addition to the Employee's Base Wage, for each hour of work performed. Such Hero Pay is intended to compensate an employee for time spent physically present performing work at a Store where there is a heightened potential for exposure to COVID-19.

El Monte

Effective March 16, 2021

Hazard Pay

Retail establishments that employ 300 or more designated employees nationally, and more than 10 employees per retail establishment in the City of El Monte, are required to pay $4 per hour of premium pay to certain retail establishment employees. This ordinance will expire on July 14, 2021.

Long Beach

Effective July 1, 2021

Minimum Wage

For hotels, the minimum wage increased to $15.69.

Effective January 20, 2021

Ordinance No. 21-004

Grocery stores that employ 300 or more employees nationally and employ more than 15 employees per location in Long Beach, are required to pay $4.00 per hour of hazard pay to employees.

Los Angeles

Effective July 1, 2021

Minimum Wage

For businesses with 25 or fewer employees, the minimum wage increased to $15. For hotels, the minimum wage increased to $17.64.

Effective February 24, 2021

Ordinance No.20-1609

Grocery, drug, and/or retail stores with more than 300 employees nationwide, and more than 10 employees onsite in Los Angeles are required to pay $5 per hour of hazard pay to employees.

Pasadena

Effective July 22, 2021

Mask Order for Fully Vaccinated Individuals

The City of Pasadena issued a health order that requires all individuals “regardless of vaccination status” to wear face coverings in “all indoor public settings, venues, gatherings, and businesses.”

Effective July 1, 2021

Minimum Wage

For businesses with 25 or fewer employees, the minimum wage increased to $15.

Pomona

Effective March 1, 2021

Hazard Pay

Retail stores in the City of Pomona greater than 15,000 square feet in size, and that devote at least 70% of their sales floor to food products or receive 70% or more revenue from retailing food products, or those that are greater than 50,000 square feet in size with at least 10% of their sales floor dedicated to the sale of certain non-taxable merchandise, or are a retail pharmacy that sells a variety of prescription or non-prescription medicines along with other miscellaneous items are required to pay $4 per hour of hazard pay to employees. The ordinance took effect immediately and will expire on June 29, 2021.

Malibu

Effective July 1, 2021

Minimum Wage

For businesses with 25 or fewer employees, the minimum wage increased to $15.

Montebello

Effective January 27, 2021

Premium Pay for Grocery and Drug Store Workers Ordinance

Grocery and drug stores that employee 300 or more employees nationally and 15 employees per store within Montebello, are required to pay $5 per hour of hazard pay to employees.

Santa Monica

Effective July 1, 2021

Minimum Wage

For businesses with 25 or fewer employees, the minimum wage increased to $15. For hotels, the minimum wage increased to $17.64.

Effective March 9, 2021

Hazard Pay

Certain retail employers are required to provide their workers with "hero pay" of $5 per hour if they:

  • Operate a grocery retail store, drug retail store, or other large retail stores
  • Employ 10 or more employees per store
  • Are either publicly traded or employ 300 or more employees nationwide
  • Are covered retail stores that have at least one site in the city that is more than 85,000 square feet
  • Dedicate 10% or more of their sales floor to a grocery or drug retail store

The ordinance expires on July 7, 2021. Note: There was a grace period in effect until April 12, 2021, during which employers would not be held liable for nonpayment of "hero pay" so long as employees' pay begins accruing on the ordinance's operative date and the accrued amount is paid in full on or before the first payday immediately following April 12, 2021.

Unincorporated Areas

Effective July 1, 2021

Minimum Wage

For businesses with 25 or fewer employees, the minimum wage increased to $15.

West Hollywood

Effective February 16, 2021

Premium Pay for Grocery Workers Ordinance

Grocery stores that employ 300 or more employees nationally and 15 employees per location in West Hollywood are required to pay $5 per hour of hazard pay to employees.

Orange County

Buena Park

Effective February 24, 2021

Premium Pay for Grocery and Retail Pharmacy Workers Ordinance

Establishments employing at least 20 persons in Buena Park, California, or that are part of a company or franchise with at least 500 employees nationally are required to pay $4 per hour of hazard pay to grocery and retail pharmacy workers.

Costa Mesa

Effective March 16, 2021

Premium Pay for Retail Grocery and Pharmacy Workers

Retail establishments that sell groceries or prescription and nonprescription drugs in Costa Mesa and employ at least 300 workers nationally or at least 15 workers at a location in Costa Mesa are required to provide their workers with premium pay of $4 for each hour worked. The ordinance took effect immediately and will expire 120 days from its effective date.

Irvine

Effective February 23, 2021

Premium Pay for Grocery Workers Ordinance

Retail establishments including grocery stores, drug stores, or certain large retail stores that employ 20 or more employees in Irvine or employ 500 or more employees nationally are required to pay $4 per hour of hazard pay to employees.

Santa Ana

Effective March 3, 2021

Hazard Pay

Employers that operate a grocery store or retail pharmacy and employ 300 or more employees nationwide and more than 15 per grocery store or retail pharmacy location in the City of Santa Ana are required to pay $4 per hour of hazard pay to employees. The ordinance expires on July 1, 2021.

San Diego County

San Diego

Effective March 8, 2022

COVID-19 Hotel and Janitorial Worker Recall and Retention Ordinance

The City Council of San Diego has extended the COVID-19 Worker Recall and Retention Ordinance. The ordinance was originally set to expire on March 8, 2021, but has been extended to March 8, 2022.

San Francisco County

San Francisco

Effective July 1, 2021

Minimum Wage

The minimum wage increased to $16.32. For Government-Supported Employees, the minimum wage increased to $14.44.

Effective May 1, 2020

Hazard Pay Ordinance Series

Originally effective May 1, 2020, a series of ordinances providing protections for workers at grocery stores, drug stores, restaurant, and on-demand delivery services during the COVID-19 state of emergency, was extended to March 3, 2021.

San Mateo County

* Countywide

Effective February 23, 2021

Ordinance No. 21-140

Grocery and drugstores that either (a) employ 300 or more employees nationally and 15 or more employees in the unincorporated areas of the county, or (b) are a franchise associated with a Franchisor that employs more than 300 employees nationally and operates at least 10 locations in California, are required to pay $5 per hour of hazard pay to employees.

Dale City

Effective March 8, 2021

Hazard Pay for Drugstore and Grocery Workers

Operators of grocery or drug stores that employ 500 or more employees nationwide, or who are associated with a franchisor/ franchisee network employing more than 500 employees, are required to pay $5 per hour of hazard pay to their grocery and drug store workers. This ordinance will expire on July 7, 2021.

Millbrae

Effective March 9, 2021

Hazard Pay for Drugstore and Grocery Workers

Employers that operate a grocery store or drugstore and employ 750 or more employees nationwide are required to pay $5 per hour of hazard pay and provide vaccination leave to certain grocery and drug store workers. The ordinance will expire on July 7, 2021.

South San Francisco

Effective February 24, 2021

Ordinance No. 21-150

Large grocery stores or large drugstores that employ 500 or more employees nationwide are required to pay $5 per hour of hazard pay to employees.

Santa Clara County

* Countywide

Effective June 21, 2021

Vaccination Benchmarking Mandate

The mandate requires businesses and governmental entities (covered entities) to ascertain the vaccination status of all personnel. Covered Entities that have completed at least two rounds of the vaccination status ascertainment process prescribed by the May Order are no longer required to request and record such information from personnel starting June 21, 2021.

Milpitas

Effective July 1, 2021

Minimum Wage

The minimum wage increased to $15.65.

San Jose

Effective February 9, 2021

Grocery Store Employee Hazard Premium Pay Ordinance

Grocery stores that employ 300 or more employees nationally are required to pay $3 per hour of hazard pay to employees.

Sonoma County

* Countywide

Effective September 30, 2021

Emergency Paid Sick Leave Ordinance

Sonoma County Board of Supervisors enacted an urgency ordinance that extended to September 30, 2021, and amends—in part retroactively to January 1, 2021—its emergency paid sick leave (EPSL) ordinance.

Riverside County

Coachella

Effective February 11, 2021

Ordinance No. 1174

Agricultural operations, grocery stores, restaurants, and retail pharmacies that employ 300 or more employees nationally and have five employees per location in the city of Coachella are required to pay $4 per hour of hazard pay to agriculture, restaurant, grocery, and retail pharmacy workers.

Colorado

Gender Identity and Expression Discrimination

Effective September 14, 2021

This law prohibits discrimination based on gender expression and gender identity.

Veteran Hiring Preferences

Effective September 11, 2021

This law permits an employer to have a hiring preference for veterans and spouses of veterans.

Amendment of Health Insurance Law

Effective September 6, 2021

Colorado amended its health insurance law impacting "multiple employer welfare arrangements" (MEWA), which offer health care benefits to association's members only if, among other requirements, the MEWA has been in existence continuously for a specified period of time. The amendment, effective September 6, 2021, changes the required established MEWA existence date from January 1, 1983, to January 1, 2010. The amendment also allows a MEWA that does not meet the deadline to file an application for a waiver with the state insurance commissioner that would enable the MEWA to offer health care benefits to its members' employees. The amendment specifies the waiver application requirements and explains what factors are considered in determining whether a waiver is granted.

Revised INFO #9, issued by the Colorado Department of Labor & Employment (CDLE)

Effective July 21, 2021

For employers with at least one employee in Colorado, the revised INFO #9 contains changes with regard to the CDLE’s interpretation of the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) that will affect all employers with at least one employee in Colorado. Additional guidance further addresses pay transparency plus wage & benefit disclosure obligations.

Health Plans to Cover Mental Health Wellness Exams

Effective July 6, 2021

This amended law requires health insurance policies to cover certain preventive care procedures, such as childhood immunizations. The amended law requires coverage for annual mental health wellness exams. The coverage for this law defines a large employer as an entity that is actively engaged in business, employed an average of over 100 eligible employees during the preceding calendar year, and was not formed primarily to purchase insurance. Individual and small group policies are covered on or after January 1, 2023.

Income Assignments for Child Support

Effective July 1, 2021

This law clarifies child support notice requirements for income assignments and requires employers to report and withhold from lump-sum payments.

Privacy Act

Effective July 1, 2021

Consumers have the right to opt-out of the processing of their personal data; access, correct, or delete the data; or obtain a portable copy of the data.

Nieto v. Clark's Market Decision - Bans Forfeiture of Earned Vacation

Effective June 14, 2021

The Colorado Supreme Court held that forfeiture of earned vacation is unenforceable rejecting "use it or lose it" vacation policies in Colorado.

Wage Protection Act

Effective April 14, 2021

This law clarifies that a qualifying public health emergency has triggered 80-hour COVID-19 related paid leave.

Effective January 1, 2021

Colorado employers are required to create the rules for accrual, use, and payment for paid sick leave. This law defines paid sick leave as wages to be investigated, implemented, and enforced under the Wage Protection Act Rules.

Colorado Overtime and Minimum Pay Standards (COMPS) #37

Effective January 1, 2021

Colorado employers must increase the state minimum wage rate to $12.32 per hour. This increases the salary threshold for overtime exemption and incorporates definitions from the state paid sick-leave statute.

Paid Sick & Safe Time (PSST)

Effective January 1, 2021

Phase 1 of this legislation, which applies to Colorado employers with 16 or more employees, is effective on January 1, 2021. Phase 2 will be effective on January 1, 2022, and applies to all Colorado employers. Under the PSST, employers must provide paid leave in the event of qualified "sick" or "safe" time, including public health emergency.

Equal-Pay Transparency

Effective January 1, 2021

Colorado employers are required to make known all promotion opportunities and disclose the hourly or salary compensation, along with a general description of other benefits offered. The final rule also creates procedures for filing and investigating complaints of equal-pay violations.

Whistleblower, Anti-Retaliation, Noninterference, and Notice-Giving

Effective January 1, 2021

Colorado employers are required to notify employees of their right to be free from retaliation for, or interference with, the exercise of protected rights under various state laws.

By Jurisdiction

Denver County

Denver

Effective January 1, 2021

The Denver minimum wage, exclusive of fringe benefits and any other deductions or credits, will be $14.77 per hour for employees working in Denver starting January 1, 2021.

Connecticut

COVID-19 and Employer Experience Rating

Effective October 1, 2021

This law removes COVID-19 related layoffs from an employer's unemployment experience account.

Lactation Accommodation Amendments

Effective October 1, 2021

Specifies certain parameters for a room or other location in the workplace that accommodates employee breastfeeding.

Requirement to Provide Wage Range

Effective October 1, 2021

This law requires employers to disclose salary ranges for vacant positions and to provide comparable pay for comparable work.

Legalizes Recreational Marijuana

Effective October 1, 2021

This law prohibits an employer from discriminating against an employee or applicant for the use of legal cannabis outside of the workplace. It also provides that an employer does not have to accommodate the use of cannabis except for in palliative cases.

Age Discrimination

Effective October 1, 2021

This law prohibits an employer from asking questions regarding age in preliminary employment applications.

Criminal Background Checks

Effective September 1, 2021

This law prohibits discrimination based on expunged criminal history records.

Minimum Wage

Effective August 1, 2021

The minimum wage per hour increased to $13.

Recall and Retention Obligations

Effective July 13, 2021

This Act imposes stringent recall and retention obligations on hotels, lodging houses, food service contractors, and building services enterprises, regardless of whether the employees are covered by a collective bargaining agreement.

Unpaid Time Off to Vote

Effective June 23, 2021

This law requires employers to provide all employees with two hours of unpaid time off to vote.

Hair Texture and Hairstyle Discrimination (HB 6515)

Effective March 4, 2021

This Connecticut law provides that "race" includes traits typically associated with race including hair texture and hairstyle.

Paid Family and Medical Leave Act

Effective January 1, 2021

Connecticut employers with more than one employee are to begin taking deductions from the pay of Connecticut employees to fund payment of benefits under the law, which will not be dispensed until January 2022.

Delaware

Natural Hairstyle Discrimination

Effective April 13, 2021

This Delaware law prohibits discrimination based on traits historically associated with race, including hair texture and hairstyle.

Unemployment Insurance Contribution Rates

Effective February 8, 2021

This Delaware law established the 2021 new employer assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19.

Florida

Minimum Wage Change

Effective September 30, 2021

Florida amended their state constitution to provide for an increase in the state minimum wage to $10 per hour beginning September 30, 2021, with yearly increases of $1 per hour until the minimum wage reaches $15 per hour on September 30, 2026.

Effective January 1, 2021

The minimum wage per hour will increase to $8.65.

COVID-19 Vaccination "Passport" Documentation

Effective July 1, 2021

COVID-19 Immunity from Liability

Effective March 29, 2021

This Florida act provides immunity from civil liability for COVID-19 claims for business entities if there was a good-faith effort to substantially comply with government-issued health standards and guidance.

Employment Verification

Effective January 1, 2021

Public Florida employers, contractors, and subcontractors must register with, and use, the E-Verify system to verify the work authorization status of all newly hired employees.

Required Posters

Georgia

Extended Liability Protections for COVID-19

Effective August 5, 2021

House Bill 112 extends immunity from certain liability claims in response to COVID-19 until July 14, 2022.

Emergency Rule – Employer Benefit Experience Rating Charges and COVID-19

Effective March 23, 2021

Georgia employer accounts will not be charged for certain benefits paid for unemployment due to COVID-19.

Restriction of Criminal History Records

Effective January 1, 2021

Georgia employers are prohibited from using an employee's criminal history in an action against that employee under certain circumstances.

Hawaii

Repeal of Subminimum Wage for Persons with Disabilities

Effective June 16, 2021

This law repeals the exemption of persons with disabilities from minimum wage requirements.

Employer Access to Online Accounts

Effective June 7, 2021

Hawaii established the Uniform Employee and Student Online Privacy Protection Act, which provides protections to the online accounts of employees.

Domestic Violence Leave Certification

Effective January 1, 2021

This Hawaii law makes changes to documents that an employer may request in order to verify that an employee is a victim of domestic or sexual violence.

Required Posters

Illinois

Pay Data Reporting – Public Publishing

Effective January 1, 2023

Illinois will enact SB 1480, which will make employers’ diversity efforts more transparent by publishing them on a state website, thereby making EEO-1 reports public. Illinois employers will also need to begin reviewing and potentially modifying their compensation practices immediately to obtain an equal pay registration certificate, which will be required starting March 24, 2024. This law will also require Illinois employers to collect and submit employee pay data to the state. Only employers with more than 100 employees in the state, or those with 50 or more employees and a government contract/subcontract that equals or exceeds $50,000, are affected.

Effective January 1, 2021

Illinois employers with more than 100 employees in the state are required to file an EEO-1 report to include in annual corporate reports filed with the Illinois Secretary of State information, similar to the employment data in Section D of the federal EEO-1 form. private employers with more than 100 employees in the state must obtain an “equal pay registration certificate.”

Victims' Economic Security and Safety Act Amendment

Effective August 20, 2021

This amendment expands the reasons for which job-protected leave for domestic or sexual violence is available.

Wage Payment and Collection Act Amendment

Effective July 9, 2021

This amendment increases the penalty for underpaying wages from 2% of the amount of the underpayment per month, to 5%.

Criminal History Check Requirements

Effective March 23, 2021

This Illinois law prohibits discrimination based on prior conviction records.

Employee Sick Leave Act (ESLA) Amendment

Effective April 27, 2021

This Illinois law amends the definition of "covered family member" for the purpose of providing sick leave benefits.

Workers' Compensation Presumption for Essential Workers

Effective February 26, 2021

This Illinois law extends the rebuttable presumption that exposure to, and contraction of COVID-19 by a first responder or front-line worker is connected to the hazards or exposures of the employee's work if the diagnosis of COVID-19 was made on or after March 9, 2020, and on or before June 30, 2021.

Required Posters

Effective January 1, 2021

Human Rights Act — Sexual Harassment Training

Effective January 30, 2020

Every Illinois employer with employees working in the State of Illinois is required to provide all employees with annual sexual harassment prevention training.

By Jurisdiction

Cook County

* Countywide

Effective July 1, 2021

Paid Leave for COVID-19 Vaccination

Cook County has enacted an ordinance requiring employers to allow employees to take paid off time to receive the COVID-19 vaccination.

Chicago

Effective August 1, 2021

Paid Sick Leave Ordinance and New Wage Theft Protections

Ordinance No. O2021-2182 creates new wage theft protections and expands the covered reasons for use of paid sick leave.

Effective July 1, 2021

Minimum Wage Change

Businesses with:

  • 21 or more employees will increase to $15
  • 4 to 20 employees will increase to $14
  • Youth, under 18 will increase to $11

Effective June 25, 2021

Right to Return to Work

Through December 31, 2023, this act requires Chicago hotels to rehire qualified employees laid off in the wake of the COVID-19 pandemic before hiring new employees.

Effective April 21, 2021

Vaccination Time-Off Ordinance

This Chicago law prohibits adverse action against Chicago workers who take time off from work to receive a COVID-19 vaccine and prohibits employers from requiring that a worker get a COVID-19 vaccine outside of work hours.

Indiana

Pregnancy Accommodation

Effective July 1, 2021

Employers with at least 15 employees may request an accommodation related to pregnancy, childbirth, or any related medical conditions. The employer must respond to the employee's request within a reasonable amount of time.

Microchipping Employees

Effective July 1, 2021

House Bill 1156 prohibits employers from requiring employees to permit the implantation of a device into their bodies as a condition of employment.

Revised Rest/Meal Breaks for Minors

Effective July 1, 2021

New state child labor law requires Indiana employers to provide a 30-minute lunch to teens under the age of 18 who are scheduled to work six or more consecutive hours. The law requires a break between their third and fifth hour of work. Some employers are exempt.

COVID-19 Immunity from Liability

Effective February 18, 2021

This Indiana law provides civil immunity for damages resulting from exposure of an individual to COVID-19.

Iowa

Military Leave Amendment

Effective July 1, 2021

This amendment requires an employer to provide leave to a member of the U.S. Coast Guard for active-duty purposes.

Classification of Owner-Operators

Effective July 1, 2021

Iowa established the circumstances under which certain independent contractors are not considered employees for purposes of various laws.

COVID-19 Measures

Effective November 17, 2020

Iowa employers are required to evaluate employee and public protection, use masks or face coverings indoors (with exceptions), and abide by what is required for each type of employer/business.

Kansas

Labor Law Posting Change

Effective August 1, 2021

Kansas has released a revised Equal Opportunity in Employment Notice. The new notice has been updated to clarify all derivatives of sex and pregnancy, confirm that LGBTQ+ are included in the definition of a protected class, and to assert that the protected age is 40 or more years.

COVID-19 Immunity from Liability

Effective March 31, 2021

Senate Bill No. 283 extends the immunity from civil liability for a COVID-19 claim against a business if the act was in substantial compliance with public health guidance. The law expires on March 31, 2022.

Kentucky

Leave for Adoptive Parents

Effective June 30, 2021

This Kentucky law requires an employer to provide the same leave policies to adoptive parents as they provide to birth parents.

Immunity from Liability

Effective April 11, 2021

This Kentucky law provides liability protection for owners of premises during a declared emergency, including the current COVID-19 pandemic.

By Jurisdiction

Jefferson County

Louisville

Effective July 9, 2021

Anti-discrimination Ordinance Amendment

Employment discrimination is prohibited based on a person’s race, color, religion, national origin, age, disability, sex, gender identity, and sexual orientation. This amendment clarifies that discrimination also includes the unwanted touching of a person, including touching their hair.

Louisiana

Reporting Occupational Classifications

Effective January 1, 2023

Employers will be required to report occupational classifications when filing quarterly wage reports.

Threshold for Nonresident Income Tax Withholding

Effective January 1, 2022

Employers will not be required to withhold Louisiana income tax from nonresident employee wages unless they spend more than 35 days performing employment duties in Louisiana. The threshold does not apply to professional athletes, professional entertainers, public figures, qualified production employees (related to the motion picture industry), and staff members of professional athletic teams.

Criminal Background Checks

Effective August 1, 2021

This law prohibits employers from requesting or considering an arrest record when making a hiring decision and prohibits employment discrimination based on criminal history records.

Retail Restroom Access

Effective August 1, 2021

This law requires certain facilities to provide restroom access for individuals with certain health conditions.

Exemplary Damages for Sexual Assault

Effective August 1, 2021

This law provides exemplary damages for sexual assault in the workplace.

Pregnancy Accommodation

Effective August 1, 2021

Employers will be required to make reasonable accommodations for pregnancy, childbirth, lactation, postpartum, or related medical conditions.

Mobile Workforce Employer Withholding Exemption

Effective June 16, 2021

This law exempts certain mobile workers from individual income tax and their employers from withholding tax.

By Jurisdiction

Orleans Parish

New Orleans

Effective August 16, 2021

Updated Guidelines for COVID-19 Reopening

These guidelines require individuals who are eligible to receive a COVID-19 vaccine to provide proof of (1) having received at least one dose of a COVID-19 vaccine, or of (2) a negative COVID-19 PCR test taken no more than 72 hours before entry to access certain indoor establishments.

Maine

Ban-the-Box:

Effective October 18, 2021

Maine has enacted a ban-the-box law that prohibits private employers from inquiring about an applicant’s arrest or conviction history on an initial employment application. In addition, the new law prohibits an employer from stating on an initial employee application or in a job advertisement that a person with a criminal history will not be considered for a position.

Wage Deductions to Recover Overcompensation Amendments

Effective October 18, 2021

Maine defines "overcompensation" as compensation greater than the amount to which the employee is entitled, excluding paid leave, fringe benefits, awards, bonuses, settlements/insurance proceeds, expense reimbursements, commissions, draws or advances. The amendment addresses recovery of overcompensation. State law permits an employer that overpaid an employee due to the employer’s error to deduct up to 5%, down from 10%, of the net amount of any subsequent wage payment without the employee’s written permission. However, if an employee quits, an employer can deduct the full amount of overcompensation from the employee’s final wages. The amendment also provides that an employer may only recover the amount of overcompensation paid to the employee in the three years before the date the employer discovered the error.

Apprenticeship Agreement Requirements

Effective September 15, 2021

The Maine Apprenticeship Program must comply with EEO standards.

Volunteer Emergency Responder Leave Amendment

Effective September 15, 2021

Employers must provide and designate in writing that an employee who serves as emergency service personnel is essential to operations.

FMLA Expansion

Effective September 15, 2021

Employee family medical leave will allow a grandparents' request to care for a grandchild who has a serious health condition.

Fees for Direct Deposit

Effective September 15, 2021

Employers will be prohibited from charging a fee to employees for the direct deposit for wages.

Earned Leave Act

Effective January 1, 2021

Maine employers with more than 10 employees must allow employees to accrue one hour of paid leave for every 40 hours worked.

Minimum Wage

Effective January 1, 2021

The minimum wage per hour will increase to $12.15.

Required Posters

By Jurisdiction

Cumberland County

Portland

Effective January 1, 2022

Hazard Pay Ordinance

Portland’s minimum wage will rise to $13 per hour the same date the emergency pay provision takes effect.

Maryland

Discrimination Statute of Limitations

Effective October 1, 2021

Extends from six months to 300 days the time period within which a person claiming to be aggrieved by certain discriminatory acts is required to file a complaint with the Commission on Civil Rights.

Workplace Violence Peace Orders

Effective October 1, 2021

Makes certain provisions of law relating to the filing, issuance, and modification of certain peace orders filed by employers. It also provides immunity from civil liability under certain circumstances.

Bereavement Leave

Effective October 1, 2021

Maryland Flexible Leave Act was expanded to include bereavement leave. This will become effective October 1, 2021, and applies to employers with 15 or more employees.

Tax Whistleblower Protection and Reward Program

Effective October 1, 2021

Establishes a whistleblower reward program within the Office of the Comptroller, providing that a whistleblower who voluntarily provides certain information to the Comptroller is entitled to receive a monetary award.

Mini-WARN Law Amendments

Effective October 1, 2021

Maryland enacted amendments to its mini-WARN act, the Economic Stabilization Act, to become effective October 1, 2021. The Act provides that an employer must provide notice to employees, bargaining representatives, the Division of Workforce Development’s dislocated worker unit, and all elected officials in the applicable jurisdiction at least 60 days before initiating a reduction in operations. The notice must include certain information, including a statement of whether the reduction in operations is expected to be permanent or temporary. This amendment excludes employees who have accepted offers of transfer to another worksite from the calculation of the number of employees impacted by a reduction in operations.

Unemployment Insurance Contributions

Effective April 9, 2021

Senate Bill 816 provides a variety of payment plan options for unemployment contribution due dates.

Unemployment Experience Ratings

Effective February 15, 2021

This Maryland law alters the definition of “rating year” for purposes of excluding certain fiscal years from the calculation of the earned rates of contribution for certain employing units in response to COVID-19.

Minimum Wage

Effective January 1, 2021

The minimum wage per hour will increase to $11.75.

Required Posters

Effective January 1, 2021

By Jurisdiction

Montgomery County

* Countywide

Effective July 1, 2021

Minimum Wage Changes

Businesses with:

  • 51 or more employees: increased to $15
  • 11 to 50 / 11 or more employees who are tax-exempt, home health, or community-based service providers: increased to $14
  • 10 or more employees: increased to $13.50

Baltimore City

Effective June 14, 2021

Baltimore City New Biometrics Law

This law bars the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. This ordinance prohibits persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology.” “Facial surveillance system” is defined as any computer software or application that performs face surveillance.

Massachusetts

Premium Pay for Retail Employees Working on Sundays and Certain Holidays

Effective January 1, 2022

In Massachusetts, retail workers' premium pay rate will decrease to 1.1 times the regular rate on January 1, 2022, and then the premium pay requirement for work on Sundays and holidays will be eliminated altogether on January 1, 2023, for New Year's Day, Veterans' Day, and Columbus Day.

Paid Family and Medical Leave

Effective January 1, 2021

Covered employees of private Massachusetts employers may begin using their Paid Family and Medical Leave benefits.

Minimum Wage

Effective January 1, 2021

The minimum wage per hour will increase to $13.50.

By Jurisdiction

Suffolk County

Boston

Effective August 20, 2021

Order Mandates Face Coverings Indoors

The City of Boston will require individuals to wear face coverings “whenever they are indoors on the premises of a business, club, place of assembly, or any other place open to members of the public including, but not limited to retail establishments, restaurants, bars, performance venues, social clubs, event spaces, and municipal buildings.”

Michigan

MIOSHA Rescinds Emergency Workplace Rules

Effective June 22, 2021

The new MIOSHA rules suspend the entirety of the agency’s emergency rules previously filed on May 24, 2021, and expressly adopt the federal OSHA standards for the healthcare industry.

Updated Guidance on Face Coverings and Gatherings

Effective March 2, 2021

This Michigan law updates its previous stance on face coverings in most public settings, and on the number of individuals who can attend certain types of gatherings.

Minimum Wage

Effective January 1, 2021

The minimum wage per hour will increase to $9.65.

COVID-19 Workplace Safety Emergency Rule

Effective October 14, 2020

Michigan employers must implement a COVID-19 plan and provide training to employees. On November 10, 2020, Michigan Occupational Safety and Health Administration (MIOSHA) issued a subsequent Agency Instruction that created a state emphasis program (SEP) to further ensure office workers were protected from COVID-19 by conducting unannounced inspections at office environments to enforce the MIOSHA Emergency Rules for Coronavirus Disease 2019. Originally set to expire on April 14, 2021, this rule has been extended to October 14, 2021.

Required Posters

Effective January 1, 2021

By Jurisdiction

Washtenaw County

Ann Arbor

Effective July 1, 2021

CROWN Act Update to Ann Arbor Non-discrimination Ordinance

Employment discrimination will be prohibited based on age, arrest record, color, disability, educational association, familial status, family responsibilities, gender expression, gender identity, genetic information, height, HIV status, marital status, national origin, political beliefs, race, religion, sex, sexual orientation, source of income, veteran status, victims of domestic violence or stalking, and weight. The amendment clarifies that race includes traits historically associated with race, including but not limited to, hair texture and protective hairstyles.

Minnesota

Lactation Breaks and Pregnancy Accommodation Provisions Amendments

Effective January 1, 2022

Employers must provide breaks for employees who need to express breast milk. The amendment prohibits an employer from reducing an employee’s compensation for time used for the purpose of expressing milk. These obligations are limited to the 12 months following the birth of the child.

Employment Discrimination – Familial Status Amendment

Effective July 1, 2021

Minnesota's public policy statute prohibits employers from discriminating against a person because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age. Under the amended law, employers are also prohibited from discrimination based on a person’s familial status.

Supreme Court Ruling - Hall v. City of Plainview

Effective February 3, 2021

This Minnesota Supreme Court ruling holds a general disclaimer that an employee handbook should not be construed as a contract may not effectively prevent a paid time off (PTO) policy, contained in the handbook, from forming a contract.

Minimum Wage Requirement

Effective January 1, 2021

  • Small employers (Gross revenue under $500,000): $8.21
  • Large employers (Gross revenue above $500,000): $10.08
  • Minimum Wage Notice Poster
By Jurisdiction

Hennepin County

Minneapolis

Effective July 1, 2021

Minimum Wage Changes

Businesses with:

  • 101 or more employees: increased to $14.25
  • 100 or more employees: increased to $12.50

St. Louis County

Duluth

Effective August 19, 2021

Paid Sick and Safe Leave Ordinance Amendment

This amendment broadens the covered uses of leave under the Earned Sick and Safe Time (ESST) Ordinance, and amends employer notice and enforcement provisions. This amendment became effective August 19, 2021.

Ramsey County

Saint Paul

Effective July 1, 2021

Minimum Wage Changes

Businesses with:

  • 10,001 or more employees: increased to $12.50
  • 101-10,000 employees: increased to $12.50
  • 6-100 employees: increased to $11
  • 5 or more employees: increased to $10

Effective June 17, 2021

Right-To-Recall Ordinance

This ordinance provides a right of recall to hotel and event center workers laid off due to the COVID-19 pandemic. The ordinance covers employees, including temporary and part-time employees, who performed at least 80 hours of work within the City in the 12 months preceding March 13, 2020.

Mississippi

Medical Marijuana Amendment

Effective July 1, 2021

This Minnesota amendment establishes a medical marijuana program in Mississippi for individuals with a debilitating medical condition.

CBD Solution for Medical Purposes

Effective July 1, 2021

House Bill 119 extends the effective period of the statute permitting the possession and use of cannabidiol for medical purposes.

Administrative Leave and Unemployment

Effective July 1, 2021

Senate Bill 2124 revises the definition of unemployment to exclude administrative leave when full compensation for regular wages is received. It also allows for partial unemployment benefits when only partial compensation for regular wages is received.

Missouri

Domestic Violence Leave

Effective August 28, 2021

This law requires an employer with 50 or more employees to provide two weeks of leave for issues relating to domestic violence or abuse. It requires an employer with 49 or fewer employees to provide one week of leave for issues relating to domestic violence or abuse.

Immunization for Citizens from Vaccine Passport Requirements

Effective June 15, 2021

All counties, cities, towns, or village governments are prohibited from receiving public funds from requiring COVID-19 vaccination documents (commonly known as “vaccine passports”) from citizens. It also requires that citizens be allowed access to any building, transportation system, or service without showing proof they have received the vaccine.

Compliance Poster Update

Effective March 1, 2021

Missouri released revised Notices that explain the purpose of the Missouri Commission on Human Rights is to prevent and eliminate discrimination based on protected categories under the Missouri Human Rights Act in employment, housing, and places of public accommodation through education and enforcement of the Act.

Minimum Wage Change

Effective January 1, 2021

The minimum wage per hour will increase to $10.30.

By Jurisdiction

St. Louis County

St. Louis

Effective March 7, 2021

Amended Employment Ordinance on Hair Discrimination – CROWN Act

St. Louis, Missouri, amended its employment discrimination ordinance to prohibit discrimination on the basis of hairstyle, protective hair, natural or cultural hair texture, or style unless based upon demonstrable workplace safety concerns directly related to duties and responsibilities of the employment position.

Effective January 1, 2021

Ban the Box Ordinance

Missouri employers with at least 10 employees are prohibited from basing job-hiring and promotion decisions on an applicant’s criminal history unless the employer can demonstrate its relevance to the job-related decision. Employers are also prohibited from inquiring about an applicant’s criminal history until after it has been determined that the applicant is otherwise qualified for the position—unless the applicant is part of a final pool of applicants for the job position and all of the applicants are asked.

Montana

Marijuana Discrimination and Accommodation

Effective January 1, 2022

This Montana law will prohibit an employer from discriminating against an employee for the legal use of marijuana during non-working hours. It does not require an employer to accommodate the use of marijuana in the workplace.

Independent Contractor Certification

Effective October 1, 2021

This Montana law prohibits employers from misrepresenting a person’s status as an independent contractor. This amendment clarifies that a person who has falsely claimed, either in writing or through credible evidence, to have independent contractor certification may not be considered an employee based solely on the fact that the person does not possess an independent contractor exemption certificate. Further, the burden of proof that an independent contractor is certified rests with the independent contractor and not the hiring entity.

Drug Testing and Eligibility for Workers' Compensation

Effective July 1, 2021

This Montana law disqualifies an individual from workers' compensation if the individual fails to pass or refuses to take a drug test, in violation of an employer's stated workplace drug policy, with the exception of medical marijuana users.

False Statements and Workers' Compensation

Effective July 1, 2021

SB 118 provides that false statements in an employer-provided questionnaire are grounds for barring workers' compensation benefits.

Vaccine Status Discrimination

Effective May 7, 2021

HB 702 prohibits discrimination against individuals based on their vaccination status.

Securities Whistleblower Protections

Effective March 25, 2021

HB 64 prohibits employers from taking adverse employment action against an employee who makes whistleblower complaints.

Prohibition of Firearms on Business Premises

Effective February 18, 2021

This Montana law permits private property owners to expressly prohibit firearms on the premises.

COVID-19 Immunity from Liability

Effective February 10, 2021

This Montana law provides immunity from liability for COVID-19 claims if conduct complies with regulations, orders, or public health guidance.

Marijuana Legalization and Tax Initiative

Effective January 1, 2021

This Montana law legalizes the possession and use of marijuana for adults and allows for the expungement of marijuana-related criminal records.

Minimum Wage Change

Effective January 1, 2021

The minimum wage per hour will increase to $8.75.

Nebraska

EEO Law Amendment

Effective August 31, 2021

The Nebraska Fair Employment Practice Act prohibits employment discrimination based on race. This amendment defines “race” to include characteristics such as skin color, hair texture, and protective hairstyles like braids, locks, and twists.

Nevada

Modification of Noncompetition Agreements

Effective October 1, 2021

This Nevada law revises the law regarding non-competition covenants in Nevada.

EEO Law Amendment

Effective August 31, 2021

The Nebraska Fair Employment Practice Act prohibits employment discrimination based on race. This amendment defines “race” to include characteristics such as skin color, hair texture, and protective hairstyles like braids, locs, and twists.

Unemployment Benefit Charge Relief

Effective July 1, 2021

Unemployment benefits charged in the second and third quarters of 2020 are to be waived.

Wage Definition Modified

Effective July 1, 2021

Nevada's definition of wages includes amounts owed at the end of employment.

Minimum Wage Requirement

Effective July 1, 2021

  • No Health Benefits: will increase to $9.75
  • Health Benefits Offered: will increase to $8.75

Hospitality and Travel Workers Right to Return Act:

Effective July 1, 2021

Employers in the casino, hospitality, stadium, and travel industries must offer their former employees the opportunity to return to work if they were laid off or furloughed due to the COVID-19 pandemic. The Act also requires notice to employees who will be laid off that is different from a federal Worker Adjustment and Retraining Notification Act (WARN) notice if a WARN notice is required.

New Hampshire

Voluntary Granite State Paid Family Leave Plan

Effective July 1, 2021

The paid family leave law provides mandatory coverage for all permanent state employees and is voluntary for private employers.

Electronic Wage and Hour Records

Effective June 22, 2021

New Hampshire has amended its minimum wage law, impacting how work hours and wage records are maintained. The law requires employers to keep a true and accurate record of the hours worked by each employee, wages paid to each employee, and the classification of employment for each employee. Employers must retain these records for three years. The amended law provides that the required records may be made, signed, acknowledged, approved, and retained electronically.

New Jersey

Employee Misclassification

Effective January 8, 2022

Penalties will be enhanced for employers that misclassify workers as independent contractors.

Mandatory Vaccines or COVID-19 Testing for Covered Healthcare Settings

Effective September 7, 2021

This mandate requires employers in covered healthcare and other high-risk congregate settings, including hospitals, correctional facilities and certain long-term care facilities, to establish a policy that mandates vaccinations or weekly testing for covered workers.

Mini-WARN Amendments

Effective August 13, 2021

New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”) in response to challenges employers are facing from the COVID-19 pandemic. Changes include exclusion of mass layoffs resulting from COVID-19 pandemic from state Mini-WARN or severance requirements. This amendment affects employers with 50 or more employees.

Marijuana Criminal History

Unemployment Insurance Amendments:

Effective March 26, 2021

Senate Bill No. 3003 requires an employee-leasing company to file quarterly wage reports and remit payment for taxes associated with those wages.

Healthy Terminals Act

Effective March 25, 2021

The Healthy Terminals Act boosts wages and access to healthcare for airport workers at the region’s three major airports—Newark Liberty International, LaGuardia, and John F. Kennedy International.

Cannabis Discrimination

Effective February 22, 2021

New Jersey employers are prohibited from discriminating based on an individual's use of cannabis except for rational reasons reasonably related to employment.

Minimum Wage Requirement

Effective January 1, 2021

The minimum wage per hour will increase to $12.

Executive Order No. 192 COVID-19 Mitigation Protocols

Effective November 5, 2020

This order requires all employees, customers, and visitors to wear a face-covering while on the premises of any worksite where an employer requires or permits its workforce to be physically present to perform work.

New Mexico

Healthy Workplaces Act

Effective June 1, 2022

New Mexico HB 20 will require private employers to provide paid sick leave to their employees.

Hair Discrimination

Effective July 1, 2021

The New Mexico Human Rights Act prohibits discrimination in employment based on race, color, national origin, ancestry, religion, sex, age, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity, pregnancy, childbirth, and conditions related to pregnancy and childbirth. This law amends the Act to prohibit discrimination based on hairstyles and head coverings associated with a protected class.

Minimum Wage for Students

Effective June 18, 2021

New Mexico minimum wage laws were amended to remove the exception to the minimum wage requirement for secondary school students.

Work and Save Act Amendments

Effective June 18, 2021

SB 129 provides conditions for the implementation of the state-sponsored retirement savings program, the New Mexico Work and Save Act.

Recreational Marijuana

Effective June 29, 2021

This New Mexico law legalizes recreational marijuana but permits employers to take adverse employment actions for the possession or use of marijuana at work or during work hours.

Minimum Wage Requirement

Effective January 1, 2021

The minimum wage per hour will increase to $10.50.

By Jurisdiction

Bernalillo County

Albuquerque

Effective January 26, 2021

Hair Discrimination

Albuquerque, New Mexico, employers are prohibited from discriminating against others based on traits historically and commonly associated with race or ethnicity, including hair types, hair texture, the volume of hair, length of hair, protective hairstyles, or cultural headdresses.

New York

Minimum Wage Changes

Effective July 1, 2021

New York (Non-NYC Fast Food) minimum wage will increase to $15.

Effective December 31, 2020

  • New York: $12.50
  • New York - Long Island & Westchester: $14

NY HERO Act

Effective June 4, 2021

The New York Health and Essential Rights Act (NY HERO Act) sets mandatory standards intended to prevent occupational exposure to an airborne infectious disease.

COVID-19 Unemployment Claims

Effective April 16, 2021

Bill A03006C prohibits claims for unemployment insurance from being included in an employer's experience rating charges if the unemployment occurred after the employer was forced to close down due to COVID-19.

Marijuana Regulation and Taxation

Effective March 31, 2021

The Consolidated Laws Cannabis Act permits the use of cannabis by persons who are 21 years of age or older and permits an employer to take action related to the use of cannabis in certain circumstances.

WARN Act – Notification Amendments

Effective March 25, 2021

New York employers are required to provide notification to specified entities in each locality in which the site of employment subject to the mass layoff, relocation, or employment loss is located.

Healthy Terminals Act

Effective March 25, 2021

The Healthy Terminals Act boosts wages and access to healthcare for airport workers at the region’s three major airports—Newark Liberty International, LaGuardia, and John F. Kennedy International.

COVID-19 Vaccination Leave (AB 3354)

Effective March 12, 2021

New York employers are required to provide each employee with paid leave to be used for obtaining the COVID-19 vaccine.

COVID-19 Vaccination Leave (Senate Bill S2588A)

Effective March 1, 2021

New York employers are required to provide each employee with sufficient paid time off to obtain the COVID-19 vaccination. Each employee is entitled to receive up to four hours of time off per COVID-19 vaccine injection. The leave is paid at the employee’s regular rate of pay and must not be charged against any other leave to which the employee may be entitled, including paid sick leave under the state’s paid sick leave law or leave provided pursuant to a collective bargaining agreement.

Required Posters

WARN Act—Additional Requirements

Effective November 11, 2020

Employers with 50 or more countable employees in the state must provide advance notice of an event (such as a mass layoff or facility closing) that would require notification under the Worker Adjustment and Retraining Notification Act.

By Jurisdiction

New York City

Citywide

Effective August 9, 2021

Mandatory Retirement Plan

This New York City law establishes a retirement savings program for employees of private-sector employers that do not currently offer a retirement plan and that employ five or more employees.

North Carolina

Unemployment Insurance Contribution Rate

Effective March 30, 2021

Senate Bill 114 provides that the base contribution rate for an experience-rated employer will remain at 1.9% for the 2021 calendar year in response to COVID-19.

By Jurisdiction

Wake County

Raleigh

Effective July 6, 2021

Ordinance Prohibits Discrimination Based on Certain Hair Textures or Hairstyles

The City of Raleigh, North Carolina, passed an amendment to the city’s anti-discrimination ordinance indicating that discrimination based on race and national origin includes discrimination based on an individual’s hair texture or hairstyle, if that hair texture or hairstyle is commonly associated with a particular race or national origin, including, but not limited to, braids, locs, twists, tight coils or curls, cornrows, Bantu knots, and Afros.

North Dakota

Military Spouse Unemployment

Effective August 1, 2021

This North Dakota law provides eligibility for unemployment compensation for military spouses due to relocation.

Workers Compensation Reconsideration or Rehearing

Effective July 31, 2021

This North Dakota law provides that an employer has 45 days, instead of 30 days, to appeal a workforce safety and insurance decision or administrative order.

Ohio

Discrimination Administrative Procedures

Effective April 15, 2021

This Ohio law creates an administrative enforcement procedure for redressing claims of discrimination and harassment. It also permits an employee to file a civil action.

Minimum Wage Changes

Effective January 1, 2021

The minimum wage per hour will increase to $8.80. Tipped employees will have their base pay increased to $4.40 per hour.

Oklahoma

Wage Garnishment for Unpaid Taxes

Effective November 11, 2021

House Bill 2780 requires employers to withhold wages subject to an order of garnishment and permits wage garnishment for delinquent taxpayers.

Uniformed Services Employment and Reemployment Rights Act

Effective April 21, 2021

The Oklahoma Uniformed Services Employment and Reemployment Rights Act provides employment protections to workers serving in the state’s military forces. The law covers all employers and employees with few exceptions.

Oregon

Paid Family & Medical Leave Program

Effective January 1, 2023

Oregon has amended its implementation timeline for the state’s paid family and medical leave program to January 1, 2023.

Noncompetition Agreement Amendments

Effective January 1, 2022

This Oregon law modifies requirements for enforceable noncompetition agreements and makes noncompliant agreements void.

Prohibits Employers from Requiring a Driver's License

Effective January 1, 2022

Employers are prohibited from requiring (either as a condition for employment or continuation of employment) an employee or prospective employee to possess or present a valid driver’s license, unless the ability to legally drive is an essential function of the job or is related to a legitimate business purpose. Employers are also prohibited from refusing to accept from an employee or prospective employee an alternative to a driver’s license, such any other identification documents that are deemed acceptable by the United States Citizenship and Immigration Services for verifying the identity and employment authorization of individuals.

Reemployment Rights for Military Service Members

Effective September 25, 2021

Oregon has amended its law regarding reemployment rights for service members after a period of military leave. The amended law exempts certain voluntary service in uniformed service from the five-year limit on reemployment eligibility.

Temporary Rule Addressing Wage Security Fund Definitions

Effective September 6, 2021

Ensures workers who obtain a judgment or final order can receive swift recovery of the wages due from their employer, while collection if pursued against the employer

Temporary Rule Expands the Scope of its Paid Sick Leave Law During a Public Health Emergency

Effective July 22, 2021

The Oregon Bureau of Labor and Industries (BOLI) issued a temporary rule including additional reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency. Under the rule, which became effective on July 22, 2021, and lasts through January 17, 2022, eligible employees may take covered leave for absences connected to emergency evacuation orders under specific conditions and when the air quality index or heat index reaches a level that public officials deem unhealthy if the employee is subject to prolonged exposure.

OSHA Temporary Heat Standard

Effective July 8, 2021

Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area reach or exceed 80 degrees Fahrenheit.

Minimum Wage Changes

Effective July 1, 2021

  • Oregon (Urban) minimum wage increased to $14.
    • The “Urban” rate applies to employers located within the urban growth boundary of a metropolitan service district organized under state law (i.e., Portland area).
  • Oregon (General) minimum wage increased to $12.75.
    • The "General" rate applies in areas not covered by the "Urban" or "Non-urban" rates.
  • Oregon (Non-urban) minimum wage increased to $12.
    • The “Non-urban” rate applies to employers located within a non-urban county.
    • Non-urban counties include: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler.

Anti-discrimination Provision on Gender Identity

Effective June 23, 2021

Oregon amended the law to remove “gender identity” from the definition of “sexual orientation” and has created a standalone definition for “gender identity.” Under the amendment, “gender identity” means an individual’s gender-related identity, appearance, expression, or behavior, regardless of whether the identity, appearance, expression, or behavior differs from that associated with the gender assigned to the individual at birth."

OSHA COVID-19 Safety Rules

Effective November 6, 2020

Oregon employers must implement a COVID-19 plan that includes physical distancing, face coverings, an infection-control plan, and training. (This rule expires May 24, 2021.)

Pennsylvania

Repeals Rule Increasing Salary Threshold

Effective July 9, 2021

Pennsylvania repealed a rule that would have increased the salary threshold for exempt executive, administrative, and professional employees under the Pennsylvania Minimum Wage Act (PMWA).

Minimum Wage

Effective July 1, 2021

Minimum Wage Notice Poster: New poster will be released at a later date with new minimum wage requirements to be effective July 1, 2021.

Veterans Preference Amendment

Effective December 28, 2020

Pennsylvania private employers may adopt a veteran and surviving-spouse hiring preference policy. Such policies will not be considered violations of any Pennsylvania state or local employment-opportunity laws.

By Jurisdiction

Allegheny County

Pittsburgh

Effective July 27, 2021

Emergency Paid Sick Leave Ordinance

This ordinance requires employers with 50 or more employees to provide up to 80 hours of emergency paid sick leave to full-time employees, and a proportional amount for part-time employees, for certain COVID-19-related reasons.

Effective October 23, 2020

Hairstyle Discrimination

Pittsburgh employers are prohibited from any form of discrimination against employees based on hairstyles and hair textures commonly associated with race, including—but not limited to—braids, cornrows, locks, Bantu knots, Afros, and twists.

Philadelphia County

Philadelphia

Effective June 1, 2021

Fair Workweek Ordinance Enforcement

Philadelphia will begin enforcing predictability pay provisions. "Predictability pay" is compensation employers must provide to employees for employer-initiated changes to the posted work schedule.

Effective May 11, 2021

Domestic Violence Victims Workplace Protections

Ordinance 210249 allows employees to take job-protected leave for specified reasons if they or a family member (or, under the unpaid safe time leave ordinance, a household member) is a victim of domestic violence.

Effective April 1, 2021

Ban-the-Box and Unlawful Credit-Screening Practices Ordinances

Bill 200479 restricts employers’ use and reliance upon an applicant's, current employee's, or independent contractor's background information for any adverse employment action.

Effective March 29, 2021

Emergency Paid Sick Leave

Union and nonunion private-sector employees of employers with 50 or more employees are required to establish leave time for public health emergencies, modifying existing provisions, terms, and conditions concerning the paid sick leave.

Effective January 7, 2021

Travel and Hospitality Worker Recall and Retention

Philadelphia, Pennsylvania employers in certain hospitality and travel-related industries are required to offer job positions to laid-off employees as they become available.

Effective January 7, 2021

Retention of Hotel Workers

Philadelphia, Pennsylvania employers in hotel industries are required to give notice of changes in hotel ownership to hotel employees. The successor hotel employer must also maintain a preferential hiring list of certain current and previously laid-off employees to whom the employer must extend employment offers for up to six months once the successor hotel is in operation.

Rhode Island

Expansion of Whistleblowers Protection Act

Effective July 13, 2021

The Rhode Island Whistleblowers’ Protection Act (“Act”) has been amended to expand protections to job applicants and prospective employees. The amended law, effective July 13, 2021, further prohibits employers from reporting or threatening to report an employee’s immigration status because the employee engaged in whistleblowing or protected conduct.

South Carolina

Open Carry Law Amendment

Effective July 16, 2021

South Carolina amended its Open Carry with Training Act, which allows a permit holder to carry a concealable weapon openly on their person. The Act currently permits a private employer to prohibit permit holders from carrying a concealable weapon on the employer’s premises. The law further provides that employers may prohibit a person who has a concealed weapons license from carrying a concealable weapon upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business. The law also grants a private property owner the right to allow or prohibit the carrying of a concealable weapon upon the premises. Employers can provide notice to a concealed weapons license holder that concealable weapons not be brought upon the premises or into the workplace by posting a sign stating “No Concealable Weapons Allowed.”

South Dakota

Medical Cannabis

Effective July 1, 2021

South Dakota established a medical marijuana program for individuals with debilitating medical conditions.

Prohibition of Restrictive Non-Competes for Health Care Workers

Effective July 1, 2021

South Dakota law permits non-compete agreements that do not exceed two years and are in a reasonable geographic area. This amendment clarifies non-compete agreements for health care providers and prohibits employment contracts from restricting competitive healthcare.

COVID-19 Immunity from Liability

Effective July 1, 2021

South Dakota employers will have limited liability for certain exposures to COVID-19.

Minimum Wage Changes

Effective January 1, 2021

Tennessee

Bathroom Signage Law

Effective July 1, 2021

Tennessee enacted a law providing that if a business allows a member of either biological sex to use any public restroom within the building or facility, the business must post a notice of this policy. The notice must be placed at the entrance of each public restroom and at each entrance of the building accessible to the general public. The law specifies the size, color, and language requirements for the notice, which must include the following statement: “THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM” Public restrooms covered under this law include locker rooms, shower facilities, dressing rooms, and other areas that are open to the general public, designated for a specific biological sex, where a person would have a reasonable expectation of privacy. Unisex, single-occupant, and family restrooms are excluded from the requirements under this law.

Texas

Firearm Carry Act

Effective September 1, 2021

This Texas law enacts permitless, “constitutional carry” statutes in support of the individual right to keep and bear arms under the Second Amendment of the U.S. Constitution. The Act allows individuals 21 years of age and older to possess and carry a handgun in public without a government-issued permit or license, provided they are not otherwise prohibited from possessing a firearm under state or federal law. The new law still prohibits Texans from carrying a firearm in bars, amateur or professional sporting events, prisons, civil commitment facilities, state-run hospitals and nursing facilities, and amusement parks. However, it is now legal for Texans to carry a firearm at public governmental meetings.

Data Breach Notification Requirement

Effective September 1, 2021

The amendment adds a requirement for the Texas Attorney General to post on its website a listing of data breach notifications received when a breach involves 250 or more Texas residents.

Expands Employee Protection for Sexual Harassment Claims

Effective September 1, 2021

Employers that employ “one or more employees” or that “acts directly in the interests of an employer in relation to an employee” will be considered an employer under Texas law and subject to a heightened level of scrutiny for sexual harassment claims under Texas law.

Medical Marijuana Expansion

Effective September 1, 2021

As of September 1, Texas has expanded the eligibility for the Texas Compassionate Use Program to people with cancer and post-traumatic stress disorder.

Proof for Establishing Misconduct in Receipt of Unemployment Benefits

Effective April 19, 2021

The Texas appellate court decision for Texas Workforce Commission v. Dental Health for Arlington, Inc. requires employers to provide proof to establish misconduct that would disqualify a former employee from receiving unemployment benefits.

Paid Sick Leave

Effective March 10, 2021

The sick leave ordinances in Austin, San Antonio, and Dallas were declared unlawful as they were preempted by the Texas Minimum Wage Act (TMWA).

Tarrant County College District v. Sims

Effective March 10, 2021

The case of Tarrant County College District v. Sims held that claim[s] of discrimination based on sexual orientation may be brought under the Texas Commission on Human Rights Act (TCHRA).

Reopening of Texas Businesses

Effective March 10, 2021

A person is no longer required to wear a face-covering pursuant to a state or countywide mandate. Further, businesses and other organizations are permitted to operate at 100 percent capacity without any operating limitations. Although the capacity and face-covering restrictions will no longer be required on a state or countywide basis, businesses and other organizations may still limit capacity or implement additional safety protocols at their own discretion, including the wearing of face coverings.

By Jurisdiction

Dallas County

DeSoto

Effective January 1, 2022

Ban-the-Box Ordinance

DeSoto, Texas, has passed an ordinance that prohibits covered employers (those with 15 or more employees) from inquiring about an applicant's criminal history on an initial job application. This ordinance will be effective January 1, 2022.

Tarrant County

Arlington

Effective July 1, 2021

Anti-discrimination Ordinance

This new law makes it unlawful for an employer to discriminate on the basis of race, color, national origin, age, religion, sex, disability, sexual orientation, or gender identity.

Utah

Affirmative Defense for Data Security Breach Claim

Effective May 4, 2021

House Bill 80 requires businesses that create, maintain, and reasonably comply with a written cybersecurity program to create affirmative defenses to certain causes of action arising out of a data breach.

Required Posters

Effective January 1, 2021

Employee Face-Mask Requirement

Effective November 9, 2020

Utah employers must require every employee to wear a face mask while that employee is at work, with some exceptions. (Lifted on April 10, 2021.)

Vermont

Military Leave Amendments

Effective July 1, 2021

The 15-day limitation on the leave of absence afforded to military and National Guard personnel, when ordered to state or federal active duty, will be removed according to House Bill 149.

Minimum Wage Changes

Effective January 1, 2021

The minimum wage per hour will increase to $11.75.

Virginia

Disability Discrimination Protections, Domestic Worker Protections, Military / Veteran Status

Effective July 1, 2021

The Virginia Human Rights Act (VHRA) expands its scope to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers and prohibits discrimination on the basis of military status.

Cannabis Control Act

Effective July 1, 2021

The Cannabis Control Act eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older.

Marijuana Decriminalization

Effective July 1, 2021

Employers are prohibited from requiring an applicant to disclose information related to criminal charges for marijuana possession.

Marijuana Law

Effective July 1, 2021

Individuals over the age of 21 can lawfully possess up to an ounce of marijuana in Virginia. The new law creates a Virginia Cannabis Control Authority that will implement regulations for the adult use of the marijuana market.

Employer-Provided PPE and Worker Classification

Effective July 1, 2021

If an employer provides workers with personal protective equipment (PPE) in response to a disaster caused by a communicable disease, it cannot be considered in determining whether the worker is an independent contractor.

Discrimination Based on Military Status

Effective July 1, 2021

IRA Savings Program

Effective July 1, 2021

An eligible employer* in Virginia is required to establish an automatic-enrollment payroll deduction individual retirement account (IRA) retirement savings program for its eligible employees.

*"Eligible employer" means a nongovernmental business, industry, trade, profession, or other enterprise in the Commonwealth, whether conducted on a for-profit or nonprofit basis, that employed 25 or more eligible employees, as reported to the Virginia Employment Commission pursuant to 16VAC5-32-20, or any successor regulation, for the quarter ending December 31 and the preceding three quarters of the preceding calendar year and has been operating for at least two years prior to Program implementation. "Eligible employer" does not include an employer that sponsors, maintains, or contributes to an automatic enrollment payroll deduction IRA or a qualified retirement plan in compliance with federal law for its employees, including plans qualified under § 401(a), 403(a), 403(b), 408(k), or 408(p) of the Internal Revenue Code. An employer shall become an eligible employer at any time if it meets the eligibility requirements.

Overtime Wage Act

Effective July 1, 2021

Employers are required to compensate their employees who are entitled to overtime compensation at a rate not less than one and one-half times the employee's regular rate of pay.

Paid Sick Leave for Home Health Workers

Effective July 1, 2021

Employers that employ home health workers* are required to offer paid sick leave as defined by the regulations.

*A "home health worker" is someone who works on average at least 20 hours per week or 90 hours per month, but this does not include licensed, registered, or certified personnel.

Minimum Wage Changes

Effective May 1, 2021

The minimum wage increased to $9.50 per hour. It increases to $11 per hour beginning January 1, 2022; $12 per hour beginning January 1, 2023; $13.50 per hour beginning January 1, 2025; and $15 per hour beginning January 1, 2026.

Protections for Employees' Use of Cannabis Oil

Effective April 14, 2021

Virginia law permits the use of cannabis oil for the treatment of various medical conditions. This amendment provides employees with protections for their use of cannabis oil.

Garnishments

Effective January 27, 2021

This Virginia law provides that the Virginia minimum hourly wage will be used to calculate the amount of a person's aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage.

COVID-19 Infection Disease Prevention

Effective January 27, 2021

Health and safety requirements for Virginia employers were established to control, prevent, and mitigate the spread of COVID-19 to and among employees and employers.

Worker Misclassification

Effective January 1, 2021

This Virginia law prohibits worker misclassification and provides that employee status for purposes of the state tax laws is determined by applying federal IRS guidelines.

COVID-19 Workplace Safety and Anti-Retaliation

Effective November 16, 2020

Washington, D.C., employers must adopt and implement social-distancing policies that require employees to wear personal protective equipment in the workplace. It also requires employers to provide employees with personal protective equipment and prohibits retaliation against an employee because the employee tests positive for, or is quarantining because of COVID-19, or if they are caring for someone who has symptoms of, or is quarantining because of COVID-19.

Washington

Repeal of Subminimum Wage for Persons with Disabilities

Effective July 31, 2023

Senate bill 5284 will eliminate subminimum wage certificates for persons with disabilities.

Long-Term Services and Supports Trust Act (LTSS)

Effective January 1, 2022

All W-2 employees in Washington state must be given access to a lifetime benefit of $36,500 that will be adjusted annually for inflation. Workers will pay $0.58 per $100 of earnings into a Trust fund. Beginning in January 2025, workers who are vested in the Trust, and who require long-term care, will be able to access their earned LTSS Trust benefits.

Emergency Rule on COVID-19 Reporting and Notification Requirements

Effective August 10, 2021

The emergency rule adoption of WAC 296-62-600 requires employers with 50 or more employees to report infectious diseases during a public health emergency, such as COVID-19. Also notifies employees in writing of potential exposures.

Final Rule on Paid Family and Medical Leave and COVID-19 Assistance

Effective August 1, 2021

Expands qualifying periods for those whose employment was affected by the COVID-19 pandemic, effective August 1, 2021. It also provides a small business assistance grant for employers whose employees take paid family or medical leave under the expanded qualifying periods.

Workplace Safety Law Amendment

Effective July 25, 2021

Washington amended its workplace safety statute to allow employers to contest orders of violation issued by the Department of Labor and Industries and clarifies "prohibited discrimination" against employees and resulting penalties.

Expansion of Safety Obligations for Temporary Construction, Manufacturing Workers

Effective July 25, 2021

Worksite employers and staffing agencies that use temporary construction and manufacturing workers are subject to new safety obligations in Washington designed to protect temporary workers from workplace hazards and injury. These obligations apply to employers engaged in sectors 23 (e.g., construction general contractors and subcontractors engaged in the construction of buildings or highway and utility projects) and sectors 31 through 33 (e.g., manufacturing plants, factories, or mills that use power-driven machines and materials-handling equipment) of the North American Industry Classification System.

Emergency Heat Standard

Effective July 13, 2021

Increased protections for employees working in agriculture, construction, and other outdoor industries exposed to extreme heat at work were enacted.

Emergency Rule for COVID-19 and Compliance with Conditions for Operations

Effective May 21, 2021

The emergency rule which amends WAC 296-800-14035 provides that employers must comply with all conditions for operation required by emergency proclamation for COVID-19. Expires January 18, 2022.

Accommodating PPE During a Public Health Emergency

Effective April 26, 2021

An employer that does not require PPE must accommodate its employees' voluntary use of PPE during a public health emergency, such as COVID-19.

High-Risk Employee Proclamation — Workers' Rights

Effective April 23, 2021

Proclamations 20-05 and 20-46 make it easier for employers to seek medical verification from employees as to whether they are at high risk for COVID-19 and what accommodations might be made to allow them to return to work.

Paid Family and Medical Leave Act Amendment

Effective April 21, 2021

Washington State's House Bill 1073 creates pandemic-leave-assistance grants for certain employees and employers. Employees may file a claim with the department for a pandemic-leave-assistance employee grant beginning August 1, 2021.

Unemployment Insurance Contribution Rates

Effective February 8, 2021

The contribution rate was revised for the years 2021 through 2025 in response to COVID-19.

Criminal Background Checks

Effective January 1, 2021

Washington State businesses or organizations licensed by the department of children, youth, and families are prohibited from denying employment to a care provider or licensing to an early childhood educator where a background check reveals that the individual has a finding of child abuse or neglect in their record, but has since obtained a certificate of parental improvement, as defined in the new chapter.

Salary Thresholds Set for Overtime Exempt Employees

Effective January 1, 2021

The state threshold for exempt employees will become $821.40 a week ($43,712.80/year) for small Washington employers with 1-50 employees and $958.30 a week (49,831.60/year) for large Washington organizations.

Minimum Wage Changes

Effective January 1, 2021

Required Posters

Effective January 1, 2021

By Jurisdiction

King County

* Countywide

Effective March 22, 2021

Hazard Pay

King County, Washington, adopted an ordinance that requires certain grocery employers to provide employees with hazard pay of $4 per hour.

Seattle

Effective September 1, 2022

Labor Standards Requirements for Independent Contractors

Seattle has enacted a new ordinance, effective September 1, 2022, that sets forth guidelines for contracting with independent contractors. The ordinance defines an independent contractor (IC) as a person or entity composed of only one person that is hired by a hiring entity as a self-employed person or entity to provide services for compensation. This includes platform gig workers, meaning those who use an online-enabled application or platform to connect with customers. A hiring entity (HE) is any entity that hires an IC to provide services.

Snohomish County

* Countywide

Effective July 4, 2021

Hazard Pay for Grocery Workers

Snohomish County enacted an ordinance requiring employers to provide hazard pay to workers in grocery stores during the COVID-19 pandemic. The new ordinance covers employers in grocery businesses or franchises that employ 500 or more employees statewide.

Washington, D.C.

Requirement to Provide Wage Range

Effective October 1, 2021

Employers are required to disclose salary ranges for vacant positions and to provide comparable pay for comparable work.

Minimum Wage Changes

Effective July 1, 2021

The minimum wage per hour will increase to $15.20.

Coronavirus Support Emergency Amendment Act of 2021

Effective June 15, 2021

This emergency measure has expired. Since March 17, 2021, it has assisted District residents who may have faced work stoppage due to quarantine or actual sickness by requiring employers to provide paid leave for COVID-19 illnesses. It also created a grant program for small businesses to help cover employee salaries and benefits, operating costs, or loan repayments.

Ban of Non-Compete Provisions

Effective March 16, 2021

This Washington, D.C., Act prohibits employers from requiring or requesting that an employee performing work in the District sign an agreement that includes a non-compete provision. For existing non-compete agreements, the Act does not have retroactive effect, but non-compete provisions entered into after the Act's applicability date are void and unenforceable.

Right to Recall and Worker Retention

Effective January 13, 2021

Employers that (1) operate a hotel that employed at least 50 individuals on December 1, 2019, or (2) employed at least 50 individuals on March 1, 2020, at a restaurant, tavern, brewpub, nightclub, club, event or entertainment establishment, or business engaged in the sale of goods to consumers, are required to reinstate eligible employees after reopening due to a closure in response to COVID-19. Also included are companies that employ at least 25 individuals to work as food service workers in a hotel, restaurant, cafeteria, apartment building, hospital, or nursing care facility; persons performing janitorial or building maintenance services in office buildings or institutions; nonprofessional employees who perform health care or related services in a hospital, nursing care facility; or persons who perform security services in an office building or institution.

COVID-19 Workplace Safety and Anti-Retaliation

Effective November 16, 2020

Washington, D.C., employers must adopt and implement social-distancing policies that require employees to wear personal protective equipment in the workplace. It also requires employers to provide employees with personal protective equipment and prohibits retaliation against an employee because the employee tests positive for, or is quarantining because of COVID-19, or if they are caring for someone who has symptoms of, or is quarantining because of COVID-19.

West Virginia

Procedure to Report Laid-Off Employees Who Refuse Rehire

Effective July 1, 2022

West Virginia enacted a new law providing employer reporting procedures for employees who refuse rehire opportunities, and establishing a short-time compensation program, effective July 1, 2022.

Worker Classification

Effective June 9, 2021

Senate Bill 272 provides standards for determining who is an employee and who is an independent contractor under certain West Virginia statutes.

Wisconsin

Electronic Tip Declarations

Effective April 26, 2021

Wisconsin Act 26 provides that an employer may require a tipped employee to use an electronic signature to acknowledge the counting of tips.

COVID-19 Immunity from Liability

Effective February 27, 2021

Wisconsin employers are provided immunity from liability from claims regarding COVID-19 for death or injury, other than reckless conduct or intentional misconduct; extends the waiver of the one-week waiting period for unemployment benefits.

Separation Notice Requirement

Effective November 2, 2020

Wisconsin employers are required to notify workers at separation about the availability of unemployment insurance benefits (expires March 31, 2021).

By Jurisdiction

Dane County

* Countywide

Effective February 12, 2021

Hair Discrimination

Dane County, Wisconsin employer law reflects that discrimination on the basis of race includes discrimination on the basis of traits historically associated with race, including hair texture and protective hairstyles (e.g., braids, locs and twists).

Milwaukee County

Milwaukee

Effective January 19, 2021

Hair Discrimination

Milwaukee, Wisconsin employers are banned from discrimination based on hairstyles associated with “a racial, ethnic or other cultural identity,” including braids, locs, and twists.

Wyoming

Student Learner Agreements

Effective July 1, 2021

This Wyoming law provides for student-learner agreements between eligible students, school districts or community colleges, and employers to allow vocational work and training opportunities. The law also provides workers' compensation coverage for student learners.

Short Time Compensation Program

Effective February 9, 2021

This Wyoming law establishes a short time compensation program within the Department of Workforce Services, and provides requirements for employer program enrollment and employee benefits.

Legal Disclaimer

Nothing in this material is intended to be nor should it be construed as legal or financial advice. All data and opinions contained herein are for informational purposes only, may contain errors, and are subject to revision. You should consult with licensed professionals in their respective areas of expertise before making decisions about the topics covered herein. This material is not intended to reflect all circumstances, ranges, or possible outcomes. Your results and experiences will vary and will depend on your specific situation. No promises, assurances, offers, or guarantees are presented herein.