HR Compliance Updates

Following is a list of federal, state, and local laws and regulations that have, or will soon, take effect.
Select to view either Federal or State & Local Updates.

EEOC "Know Your Rights" Poster Update

Effective October 20, 2022

The U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites.

The new “Know Your Rights” poster includes these changes:

  • Uses straightforward language and formatting;
  • Notes that harassment is a prohibited form of discrimination;
  • Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
  • Adds a QR code for fast digital access to the how to file a charge webpage;
  • Provides information about equal pay discrimination for federal contractors.

The poster is available in English and Spanish and will be available in additional languages at a later date.

Deadline for Federal Contractors to File Objection to Freedom of Information Act (FOIA) Release of EEO-1 Report Data

Deadline: October 19, 2022

The Office of Federal Contract Compliance Programs (the “OFCCP”) published a Notice in the Federal Register to federal contractors of a Freedom of Information Act (“FOIA”) request for disclosure of Type 2 Consolidated EEO-1 Report data submitted by all federal contractors and first-tier subcontractors from 2016 until 2020. The OFCCP indicated that covered contractors’ reports would be produced to the FOIA requester unless the contractor submitted an objection to the disclosure by September 19, 2022. Please be aware that the OFCCP just announced it is extending the deadline for objections to October 19, 2022,

The extension was approved due to the number of requests and questions on whether contractors are required to comply with the FOIA request. To lessen the number of questions, the OFCCP will be emailing contractors that they believe are covered by the FOIA request using the email registered to the OFCCP’s Contractor Portal.

What do I need to do?

DHS Notice of Proposed Rulemaking for Remote I-9 Authorization Process

During the pandemic, the Department of Homeland Security (DHS or the Department) and the U.S. Immigration and Customs Enforcement (ICE) allowed employers to review an employee’s supporting I-9 documents virtually. This was a temporary exception to the requirement that employers physically inspect the documents upon return to the office.

On August 17, 2022, DHS proposed a rule that would give the Department formal authority to create alternatives to the physical inspection requirement. The agencies are seeking comments from employers until Monday, October 17 (60 days from the date the rule was published).

It is important to note that this is an exploratory process. Neither ICE nor DHS has definitively determined what changes, if any, will be made to the Form I-9 or its process. For now, the agencies are seeking comments about things like: benefits or burdens of time, cost, document retention (including technology requirements), training needs, the impact on discrimination, privacy, and potential risk of fraud or options to counter them. After reviewing the comments, DHS and ICE may propose changes.

An electronic copy of the DHS announcement can be accessed here.

How is G&A Partners supporting you?

G&A Partners is tracking this announcement and will provide updates when relevant information is available.

It is your responsibility as an employer to verify a new employee’s ability to work in the U.S. through the process defined on the Form I-9. If you or your employees are unsure of the process to verify an employee’s ability to legally work in the U.S., please review the process here.

What do I need to do?

  • There is nothing required of you at this time.
  • If you or your organization would like to comment on the proposed rules, go to the Federal eRulemaking Portal, insert “ICEB 2021-0010” in the search box, and click “Comment” to open a text box to enter your comments.

IRS Raises Mileage Rates

Effective January 1, 2023

The IRS announced a raise in the optional mileage rate employers use to reimburse employees for operating an automobile for business and other reasons. The new standard rate for business travel will be 65.5 cents per mile.

Deadline for Federal Contractors to Submit and Certify AAPs is June 30

Effective June 30, 2022

Federal contractors or subcontractors that are required to develop and maintain Affirmative Action Plans (AAPs) must submit and certify those plans through a portal called the “Affirmative Action Plan Verification Interface”.

The duration for submission and certification of AAPs through the Office of Federal Contract Compliance Programs (OFCCP)’s portal is June 30, 2022. If you are a federal contractor or subcontractor that must comply with this requirement, you must do so no later than June 30.

DHS Ends COVID-19 Temporary Policy

Effective May 1, 2022

The U.S. Department of Homeland Security is ending the COVID-19 Temporary Policy for List B Identity Documents May 1, 2022. Employers must only accept unexpired List B documents going forward.

If the employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their I-9 by July 31, 2022.

President Biden Signs Law Ending Mandatory Arbitration of Sexual Assault and Sexual Harassment

Effective March 3, 2022

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”). The Act makes any pre-dispute arbitration agreement or class action waiver unenforceable if it contains forced arbitration for persons alleging sexual harassment or sexual assault disputes. The Act is retroactive, making it applicable to “any dispute or claim that arises or accrues on or after the date of enactment of this Act.”

CDC Eases Masking Recommendations

Effective February 25, 2022

The Centers for Disease Control and Prevention (CDC) has released updated guidance regarding masks. The guidance introduces a COVID-19 Community Levels (low, medium, and high) tool, which may be used when deciding what prevention steps to take based on the latest data. Nearly 70% of the U.S. population live in areas where they may enter businesses and buildings without wearing masks.

OSHA Withdraws COVID-19 ETS

Effective January 26, 2022

On January 26, 2022, the Occupational Safety and Health Administration (OSHA) has withdrawn the Emergency Temporary Standard (ETS) that required employers with 100 or more employees to mandate a vaccine or weekly testing for their employees who are present at a worksite. The ETS is no longer enforceable.

The agency, however, is not withdrawing the ETS as a proposed rule and continues to work on a permanent “occupation-specific” infectious disease standard, which falls within OSHA’s regulatory purview.

District Court in Texas Temporarily Blocks Vaccine Mandate

Effective January 22, 2022

A district court in Texas has temporarily blocked the COVID-19 vaccine mandate for federal workers. This ruling prevents the administration from enforcing the rule for federal workers nationwide.

CMS Vaccine Mandate

Effective January 27, 2022

On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) announced that it will begin enforcing its vaccine mandate. In states where the CMS is not enjoined, the agency will move forward with the implementation of the mandate.

Minimum Wage Increase for Federal Contractors

The minimum wage for workers performing work under existing federal contracts will increase to $11.25 per hour beginning January 1, 2022. A higher $15-per-hour minimum wage applies to workers performing work on new contracts with the federal government—those that are entered into, renewed, or extended on or after January 30, 2022.

OSHA Final Rule Establishing 'But-For' Causation in Discrimination Complaints

Effective September 3, 2021

Effective September 3, 2021, this rule clarifies that the test for showing a nexus between any protected activity and adverse action in a discrimination case is “but-for” causation.

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 September 16, 2021

Effective September 16, 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. If you’ve had close contact with someone who has COVID-19, you should get tested three to five days after your exposure, even if you don’t have symptoms. You should also wear a mask indoors in public for 14 days following exposure or until your test result is negative. The CDC also recommends that you isolate for 10 days if your test result is positive.

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

Effective July 26, 2021

On July 26, 2021, the Civil Rights Division of the U.S. Department of Health and Human Services issued guidance to help employers conduct individualized assessments to determine whether an individual’s long COVID or its symptoms substantially limit one or more major life activities. People whose long COVID qualifies as a disability under the ADA, Section 504 of the Rehabilitation Act, or Section 1557 of the ACA are entitled to the same protection to be free from discrimination and receive reasonable accommodations. Employers should engage in the interactive process with employees whose long COVID meets the definition of a disability.

OSHA COVID-19 Emergency Temporary Standards

On November 4, 2021, the OSHA administration issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or must undergo weekly testing. By December 5, 2021, employers must comply with all other ETS requirements, including providing paid time off for employees to get vaccinated and ensuring that unvaccinated workers wear face coverings in the workplace. This ETS will remain in place until withdrawn or replaced with a permanent standard.

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.”

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

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

On August 13, 2021, OSHA updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. The guidance is designed to help employers protect workers who are unvaccinated, not fully vaccinated, or otherwise at-risk and implement new guidance involving workers who are fully vaccinated but located in areas of substantial or high community transmission. This guidance contains recommendations as well as descriptions of OSHAS’ mandatory safety and health standards. The recommendations are advisory in nature and informational in content and are intended to assist employers in providing a safe and healthful workplace. OSHA regularly updates this guidance to reflect developments in science, best practices, and standards.

Anti-Money Laundering Act

On January 1, 2021, Congress enacted the Anti-Money Laundering Act, which establishes new whistleblower protections for employees of financial services institutions. Among these are a right-to-file suit against a retaliating employer if the DOL does not respond to the complaint within 180 days, a trial by jury, reinstatement to the employee's position before the retaliatory action, and increased damages.

DOL Final Rule – Independent Contractor Rule Withdrawn

On January 6, 2021, the Department of Labor (DOL) announced an interpretive rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA). The rule was published in the Federal Register on January 7, 2021, and was initially scheduled to take effect on March 8, 2021 (Independent Contractor Rule). However, pursuant to subsequent rulemaking, the Independent Contractor Rule never took effect. The DOL’s longstanding prior guidance addressing the distinction between employees and independent contractors under the FLSA remains in effect. Please visit the DOL’s Wage and Hour Division’s website for more information.

Filter by State

-All-
Once you've selected your state(s), click anywhere outside of the drop down to display results.

Alabama

Non-Disparagement Obligations Act

Effective January 21, 2022

Exemption from COVID-19 Vaccination Requirement

Effective November 5, 2021

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.

Alaska

Poster Update

Effective June 1, 2022

Alaska has released a revised Safety & Health Protection On The Job Notice. The new notice has been updated with increased penalty amounts of up to $14,502 for each serious violation and optional penalties of up to $14,502 for any other violations.

Minimum Wage

Effective January 1, 2021

Minimum wage per hour will increase to $10.34.

Arizona

Arizona Updated Employee Tax Withholding Form A-4

Effective January 31, 2023

The Arizona Department of Revenue released a new Individual Income Tax Withholding Form (Arizona Form A-4) that all employers in the state are required to begin using. This form is updated to reflect the new state tax rates beginning in 2023. Form A-4 must be provided to employees by January 31, 2023, and employers may start implementing this new form immediately.

For more information regarding the changes in the form and for guidance regarding how to complete it, employees may review the state website or consult their tax advisor.

How is G&A Partners supporting you?

G&A Partners will update payroll records once the completed A-4s are provided to us.

What do I need to do?

  • Provide the new A-4 form to employees no later than January 31, 2023.
  • Retain the A-4 with your employee records.
  • Send a copy to G&A Partners at accesshr@gnapartners.com so we may update the taxes accordingly in our system.
  • Do not send the A-4 form to the Arizona Department of Revenue.
  • Be aware that the new 2022 tax year table will be posted online at the Arizona Department of Revenue website in late December.

Minimum Wage Updates

Effective January 1, 2023

Flagstaff, Arizona: $16.80/hour

Tucson, Arizona: $13.85/hour

Compliance Poster Update

Effective November 2, 2022

The Arizona Industrial Commission has updated their Fair Wages and Healthy Families Act notice. The updated notice reflects an adjustment of the state minimum wage to $13.85/hour, effective January 1, 2023. The poster revision date is November 2, 2022.

Minimum Wage

Effective January 1, 2022

The minimum wage per hour increased to $12.80.

Effective January 1, 2021

Minimum wage per hour will increase to $12.15.

Compliance Poster Update

Effective January 1, 2022

The Fair Wages and Healthy Families Act Notice has been updated to reflect an adjustment of the state minimum wage to $12.80 an hour. Place it where employees are most likely to see it.

Civil Rights Act Amendment – Pregnancy Discrimination

Certificate of Second Chance

Effective August 27, 2021

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

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.

Arkansas

Compliance Poster Updates

Effective December 20, 2021

The Arkansas Division of Workforce Services has updated its Unemployment Insurance Notice. The notice now reflects the removal of the Jacksonville office from its list of local claims offices.

Requirements for Employer COVID-19 Vaccine Mandates

Effective October 13, 2021

Employers who require employees to receive a COVID-19 vaccination must provide an exemption process that will allow unemployment benefits to go to employees terminated as a result of employer violations.

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

California Non-Emergency COVID-19 Reporting and Notification Regulations

Effective January 1, 2023

California’s Occupational Safety and Health Standards Board adopted the non-emergency COVID-19 Prevention regulations. Employers:

  • Are no longer required to maintain a standalone COVID-19 Prevention Plan.
  • Must report major outbreaks (as defined in the regulations) to Cal/OSHA.
  • Must provide employees with information regarding COVID-19 related benefits they may be entitled to under federal, state, or local laws; their employer’s leave policies; or leave guaranteed by contract.
  • Your G&A Partners Safety professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to COVID-19.

How is G&A Partners supporting you?

  • Your G&A Partners Safety professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to COVID-19.

What do I need to do?

  • Review your Injury and Illness Prevention Program (IIPP).
  • Reach out to your Safety Specialist with questions regarding your IIPP or the non-emergency COVID-19 Prevention standards.
  • View the Cal/OSHA Training Academy.

What California Employers Need to Know About New Data Privacy Act

Effective January 1, 2023

On Jan. 1, 2023, the California Privacy Rights Act will take effect, extending privacy protection rights to California resident employees. Please review important information about the CPRA and how it might impact employers here.

Minimum Wage Updates

Effective January 1, 2023

California: $15.50/hour

  • Belmont: $16.75/hour
  • Burlingame: $16.47/hour
  • City of West Hollywood:
    • Hotel Employers: $18.35/hour
    • Employers with 50 or more employees: $17.50/hour
    • Employers with 49 or fewer employees: $17.00/hour
  • Cupertino: $17.20/hour
  • Daly City: $16.07/hour
  • East Palo Alto: $16.50/hour
  • El Cerrito: $17.35/hour
  • Foster City: $16.50/hour
  • Half Moon Bay: $16.45/hour
  • Hayward:
    • Employers with 26+ employees: $16.34/hour
    • Employers with 25 or fewer employees: $15.50/hour
  • Los Altos: $17.20/hour
  • Menlo Park: $16.20/hour
  • Mountain View: $18.15/hour
  • Novato:
    • Employers with 100+ employees: $16.32/hour
    • Employers with 26-99 employees: $16.07/hour
    • Employers with 1-25 employees: $15.53/hour
  • Oakland: $17.37/hour
  • Palo Alto: $17.25/hour
  • Petaluma: $17.06/hour
  • Redwood City: $17.00/hour
  • San Carlos: $16.32/hour
  • San Diego: $16.30/hour
  • San Jose: $17.00/hour
  • San Mateo: $16.75/hour
  • Santa Clara: $17.20/hour
  • Sonoma:
    • Employers with 26+ employees: $17.00/hour
    • Employers with 25 or fewer employees: $16.00/hour
  • South San Francisco: $16.70/hour
  • Sunnyvale: $17.95/hour

California Family Rights Act (CFRA) Amendment

Effective January 1, 2023

“Designated Person” Defined

California has amended the California’s Family Rights Act (CFRA) to include “designated person” as a covered individual for whom eligible employees may take leave. A designated person is defined as an individual related by blood or whose association with the employee is equivalent to a family relationship. This individual may be identified by the employee at the time leave is requested, and employees may identify only one designated person in a 12-month period.

CFRA allows covered employees to take leave for baby bonding, caring for themself or a family member (including a designated person) with a serious health condition or qualifying exigency. A covered employee is one who has worked for a covered employer for at least 1,250 hours in the 12 months immediately before the start of the leave. Employers in California with five or more employees are required to comply with the CFRA.

Bereavement Leave

California’s Family Rights Act (CFRA) has been further amended to make it unlawful for employers to deny a request by an eligible employee to take up to 5 days of unpaid bereavement leave upon the death of a family member. The leave must be completed within 3 months of the date of the death. The employer must maintain employee confidentiality relating to bereavement leave.

A family member is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

How is G&A Partners supporting you?

  • G&A Partners’ Human Resource professionals are available to assist you in the review and revision, if necessary, of policies and procedures related to leave.

What do I need to do?

  • Train internal Human Resources and managers on the above amendments.
  • Review and revise, if necessary, policies and procedures related to leave.

COVID-19 Supplemental Paid Leave Extended

Effective September 29, 2022

California’s COVID-19 Supplemental Paid Leave requires employers to pay California employees with up to 80 hours of COVID-19 related sick leave. The law originally expired on September 30, 2021 and was extended to September 30, 2022. California’s COVID-19 Supplemental Paid Leave law has now been extended to December 31, 2022.

Employers with 26 or more employees should track COVID-19-related absences as the implementation of new requirements may include retroactive application.

Under the amendment, certain employers and registered non-profits may be eligible for a grant of up to $50,000. to assist with the costs for providing supplemental paid leave.

How is G&A Partners supporting you?

  • G&A Partners Human Resource professionals are available to assist you in the review and revision, if necessary, of policies and procedures related to leave.

What do I need to do?

  • Review the COVID-19 Supplemental Paid Sick Leave paystub compliance communication here.
  • Provide the official Notice in English and Spanish (if appropriate) by the Labor Commissioner’s office to your California employees.

Poster Updates

Effective September 19, 2022

CALIFORNIA CFRA LEAVE AND PREGNANCY DISABILITY LEAVE NOTICE
The California Civil Rights Department has updated their Family Care and Medical Leave and Pregnancy Disability Leave notice. The updated notice reflects the renaming of the regulatory agency. In addition, the updated notice reflects new contact information. The poster revision date is Sept. 19, 2022.

CALIFORNIA YOUR RIGHTS AND OBLIGATIONS AS A PREGNANT EMPLOYEE NOTICE
The California Civil Rights Department has updated their Your Rights and Obligations as a Pregnant Employee notice. The updated notice reflects the renaming of the regulatory agency. In addition, the updated notice reflects new contact information. The poster revision date is Sept. 19, 2022.

Missed-Break Premium Pay

Effective May 23, 2022

California’s Supreme Court issued a decision in the Naranjo v Spectrum Security Services case establishing that “missed-break premium pay is indeed wages subject to the Labor Code’s timely payment and reporting requirements”.

Furthermore, with this decision is the application of waiting time penalties and wage statement penalties when a company fails to make timely payments of premium pay for meal and rest period violations.

California requires employers to provide meal and rest periods to non-exempt employees at defined times during their daily schedule. The penalty for failing to provide a compliant meal or rest period is one additional hour of pay at the employee’s regular rate of pay (as opposed to the employee’s base hourly rate).

COVID-19 Supplemental Leave

Effective February 19, 2022

California has reimplemented a law, signed by Governor Newsom on February 9, 2022, requiring employers to provide supplemental paid sick leave (SPSL) to employees for qualifying reasons related to COVID-19. Although the obligation to provide SPSL doesn’t begin until February 19, the law is effective immediately, retroactive to January 1, 2022, and remains in effect through September 30, 2022.

Compliance Poster Update:

A Notice has been created which must be posted where employees can easily read it, and where employees do not frequent a physical workplace, the notice may be disseminated electronically.

Compliance Poster Updates

Effective January 1, 2022

  • The California Department of Fair Employment and Housing has updated their Family Care and Medical Leave and Pregnancy Disability Leave (CFRA) notice. The updated notice reflects a new law that grants eligible employees up to 12 weeks of job-protected time off from work annually for the purposes of providing care to a parent-in-law with a serious health condition. The poster revision date is January 5, 2022.
  • The California Department of Fair Employment and Housing has updated their Your Rights and Obligations as a Pregnant Employee notice. The updated notice reflects the addition of definitions for the terms "child" and "parent". The poster revision date is January 5, 2022.
  • The California Department of Fair Employment and Housing has updated their Discrimination & Harassment notice. The updated notice reflects the addition of definitions for the terms "child" and "parent". The poster revision date is January 5, 2022.

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...

California Guidance for Local Health Jurisdictions on Isolation and Quarantine

Effective January 6, 2022

In response to the Omicron variant, the California Department of Public Health (CDPH) clarified isolation and quarantine guidance for workplace settings for fully vaccinated persons who are booster-eligible but have not yet received their booster dose. Isolation is defined as those infected with a contagious disease separate from people who are not infected. Quarantine is defined as those infected with a contagious disease restricting their movement in case they become infected.

Minimum Wage Requirements

Effective January 1, 2022

  • The minimum wage per hour for employers with 26 or more employees increased to $15.
  • The minimum wage per hour for employers with 25 or fewer employees increased to $14.

Compliance Poster Update

The California Department of Labor & Industrial Relations has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $14.00/hour for employers with 25 or fewer employees and to $15.00/hour for employers with 26 or more employees, effective January 1, 2022. The poster revision date is January 5, 2022.

Effective January 1, 2021

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

Repeal of Sub-minimum Wage for Persons with Disabilities

Effective January 1, 2022

Certain nonprofit organizations, such as sheltered workshops and rehabilitation facilities, have been able to pay employees with disabilities less than the minimum wage without the need for each employee to obtain an individual license.

The amended law repeals this provision as of January 1, 2025, and states that no new licenses may be issued after January 1, 2022. This amended law also includes a multiyear phase-out plan so that by January 1, 2025, employees with disabilities will receive at least the minimum wage and no further renewals of licenses will be issued after January 1, 2022. Current license holders may renew existing licenses under certain limited circumstances.

Expansion of Cal/OSHA’s Citation Authority

Effective January 1, 2022

Cal/OSHA will have the authority to issue a citation for egregious violations of any occupational safety or health standard, order, special order, or regulation. Willful violations will be determined by Cal/OSHA. The maximum penalty would be per violation, per employee.

Amendment to California Family Rights Act (CFRA) Extending Leave

Effective January 1, 2022

Wage Theft Penalties

Effective January 1, 2022

The intentional theft of wages, including gratuities, by an employer in any amount greater than $950 from one employee, or $2,350 from two or more employees, in a 12-month period, is punishable as grand theft.

California Expands Record Retention Requirements Under Fair Employment and Housing Act

Effective January 1, 2022

The Fair Employment and Housing Act (FEHA) related to the Department of Fair Employment and Housing will now require the employer to maintain and preserve any and all records and files related to the complainant until the complaint is fully and finally disposed of and all appeals or related proceedings had terminated.

This amendment increases the record retention period to four years and clarifies that all records and files must be maintained and preserved until the later of the following: The first date after the period of time for filing a civil action has expired, or the first date after the complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated.

Non-disparagement Agreements

Effective January 1, 2022

Employers are prohibited from requiring an individual to sign a settlement or non-disparagement agreement relating to unlawful acts in the workplace, including discrimination and harassment.

Salary Threshold Changes

Effective January 1, 2022

The salary requirement to qualify for overtime exemption has increased to at least $1,200 per week.

Computer software employees may be paid on an hourly or salary basis in order to qualify for exemption from California's overtime requirements. These employees must earn at least $50 per hour (for all hours worked); or a monthly salary of $8,679.16 (and an annual salary of $104,149.81).

Limited Exemption to Private Attorneys General Act (PAGA) for Some Janitorial Employees

Effective January 1, 2022

Janitorial employees are no longer authorized to bring a civil action under PAGA if the applicable collective bargaining agreement (CBA) provides for wages, hours worked (including overtime), and working conditions and fulfills other specified criteria.

“Janitorial employee” means an employee whose primary duties are “to clean and keep in an orderly condition commercial working areas and washrooms, or the premises of an office, multiunit residential facility, industrial facility, health care facility, amusement park, convention center, stadium, racetrack, arena, or retail establishment.”

Reporting Workplace COVID-19 Exposure

Effective October 16, 2021

Employers are required to provide written notice of potential COVID-19 exposure to the representative of qualifying individuals and employees exposed to qualifying individuals. The types of employers exempt from the COVID-19 outbreak reporting requirement have been expanded.

Expansion of Worker Protections from Wildfire Smoke

Effective September 27, 2021

Wildfire smoke events are considered health emergencies and “essential workers” now include agricultural workers. The Department and Office of Emergency Services will re-evaluate the personal protective equipment (PPE) stockpile to ensure it is sufficient to address wildfire smoke events and to protect agricultural workers during health emergencies. It also requires the Division of Occupational Safety and Health to review and update the wildfire smoke training requirements that employers must follow.

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.

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.

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.

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.

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.

Colorado

Preparing for the Colorado FAMLI Act

Effective January 1, 2023

G&A Partners is busy registering our Colorado clients for Colorado’s paid family leave program (CO FAMLI). Clients with employees in Colorado do not need to register with the state in order to remit contributions for this program since G&A is completing this step on your behalf.

Clients who choose to use a private plan rather than the G&A remittance process must contact the state of Colorado themselves to complete that process. Colorado has published webinars with steps for employers to take to apply for private plan approval. Once you receive your approval letter from the state, please forward a copy to your Client Advocate or Client Success Manager so G&A may take appropriate steps to turn off deductions.

Minimum Wage Updates

Effective January 1, 2023

Colorado: $13.65/hour

  • Denver: $17.29/hour

Colorado Family and Medical Leave Insurance (FAMLI)

Effective January 1, 2023

Payment Begins: January 1, 2023

Benefits Begin: January 1, 2024

Overview

Colorado enacted the Colorado Family and Medical Leave Insurance (CO FAMLI) program requiring employers with one or more employees in Colorado to provide paid family and medical leave to eligible employees. Under this law, eligible employees may take leave for qualifying reasons, and receive wage replacement benefits from the state of Colorado.

Definitions

"Eligible employee” is defined as an individual who has:

  • Been employed 180 days prior to commencement of leave, and
  • Earned at least $2,500 in the base year.
  • “Base year” is defined as the 12-month period beginning on the first day of the calendar week in which an individual files an application for leave.

“Family member” is defined as an employee’s:

  • Spouse or domestic partner,
  • Parent*
  • Sibling*
  • Child* (regardless of age)
  • Grandparent*
  • Grandchild*, or
  • Any individual with whom the employee has a significant personal bond like family.

*Biological, adoptive, foster, step-, or a person for whom the employee or the employee’s domestic partner was or is in a relationship of in loco parentis

“Paid family and medical leave” means leave taken for a qualifying reason.

“Qualifying exigency leave” has the same definition as it does under the federal Family and Medical Leave Act (FMLA).

“Safe leave” means leave provided for the employee or covered family member due to domestic violence, stalking, sexual assault, or abuse.

“Serious Health Condition” means:

  • Any illness, injury, or physical or mental impairment requiring care in a medical facility,
  • Any disability due to pregnancy (including childbirth), 

Reasons for Leave

Qualifying employees may take leave for the following reasons:

  • To care for and bond with a child during the first year after the child’s birth or placement with the employees for adoption or foster care,
  • For the employee’s own serious health condition,
  • To care for a family member with a serious health condition,
  • Because of a qualifying exigency leave,
  • Because of a need for safe leave.

Duration of leave

Eligible employees may take up to 12 weeks of leave per year for qualifying reasons.

For pregnancy- or childbirth-related reasons, eligible employees may take up to four additional weeks for a total of 16 weeks.

CO FAMLI leave may be taken intermittently, in increments of not less than one hour. Non-exempt employees may take time in increments of the smallest amount capable under their employer’s payroll system.

  • CO FAMLI payments will not begin until the employee has been absent from work for a qualifying reason, for an aggregate period of at least 8 hours.

Contributions

Effective January 1, 2023, employers begin to remit contributions for the CO FAMLI leave fund.

  • In 2023 and 2024 contributions will equal 0.9 percent (0.9%) of each Colorado employee’s wages.
  • In 2025 contributions will be increased in alignment with benefits used in the immediately preceding calendar year.
  • The State will notify the public prior to January of each year of the new premium amount.
  • Employers with 10 or more employees may split the contribution equally between the employer and employee (0.45% each).
  • Employers with fewer than 10 employees are not required to remit the employer’s portion of the contribution.

Employers may opt out of the program if they offer their own paid leave program that meets or exceeds the state’s plan. Employers may apply for exemptions through the Colorado Department of Labor and Employment (CDLE) between November 2022 and October 31, 2023, for a plan that becomes effective January 1, 2024.

Coordination with Other Wage Replacement Plans

Employers may not require employees exhaust employer provided pay replacement program (e.g., sick, vacation, or PTO (Paid Time Off) plan, short term disability, etc.) prior to, or during, an employee’s approved CO FAMLI leave.

Employees and employers may mutually agree to apply benefits under an employer-provided pay replacement to employees who are receiving CO FAMLI benefits. However, employees pay replacement benefits, when combined, may not exceed 100% of the employee’s average weekly wage. Mutual agreement is not necessary for the application of a sick leave plan.

Employers must provide written notice when leave taken under CO FAMLI is also subject to the terms of a disability policy or a separate bank of time off applicable to purposes of paid family and medical leave.

Continuation of Benefits

Employers must continue an employee’s health benefits during an employee’s approved CO FAMLI leave. Employees must continue to pay any employee-required shares of the cost of benefits during the approved leave.

Employers are not required to provide continued accrual of other employer-provided benefits such as vacation, PTO, or sick plans.

Notice and Leave Increments

Beginning January 1, 2024, employees may begin receiving pay replacement benefits for qualifying leave. Employers may require employees to provide at least 30 days’ notice if the need for leave is foreseeable.

When leave is not foreseeable, employees must provide notice of the need for leave as soon as practicable.

Requesting Leave

Employees requesting FAMLI leave must submit an application for leave to the Colorado Department of Labor and Employment (CDLE), not the employer.

Employee Notification

Employers must post the CO FAMLI leave notice in a conspicuous location where all employees will see it. Written notice of CO FAMLI leave must also be provided to employees upon hire and upon learning of a qualifying event that an employee experiences.

Protections

Upon completion of approved leave, eligible employees are entitled to return to the job they held when they began their leave or be restored to an equivalent position with the same pay, benefits, and other terms and conditions of employment.

No absence under CO FAMLI may be counted toward any Employer program that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse employment action.

Employers, nor any party acting on behalf of an employer, may not take any retaliatory or discriminatory action against an employee because the employee exercised their rights under the CO FAMLI program.

Penalties

Employers who are found to be in violation of this law may be subject to a civil court action within 2 years of the date of the last event in violation of the law, excepting willful violations that may be brought within 3 years.

Penalties include a fine of no more than $500 per violation, restoration of damages, and equitable relief for victims of violations.

How is G&A Partners supporting you?

  • G&A Partners can assist you with processes around timekeeping, payroll, and benefits to properly calculate, track, and report accrued and used family, medical, and safe leave, as well as implement required deductions.
  • G&A Partners is available to support your employees who require leave and assist you and your employees through the leave process.
  • G&A Partners Human Resource professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to leave.

What do I need to do?

  • Review the Colorado Family and Medical Leave Insurance Program (FAMLI) website.
  • Post the required notice released by the Colorado Department of Labor and Employment (CDLE).
  • Notify employees in writing when leave taken under this law is also subject to the terms of a disability policy or other, separate bank of time applicable to purposes of paid family and medical leave.
  • Train managers, supervisors, and internal HR individuals about the requirements of this law.
  • For more information regarding the deductions, please utilize the FAMLI Premiums and Benefits Estimator.

Whistleblower Protections Health and Safety

Effective May 31, 2022

Colorado has expanded its Workplace Safety Whistleblower Protections to include concerns of health and safety whether there is a declared public health emergency or not. Employers may not discriminate against or retaliate against workers who have raised health or safety concerns in good faith. Employers may also not require workers to sign an agreement that would limit or prevent a worker from disclosing information about the concern.

Paid Family and Medical Leave Insurance Program (January 2023)

Effective January 1, 2023

Colorado recently released regulatory guidance regarding its Paid Family and Medical Leave Insurance Program (FAMLI). Under the FAMLI Program, employers with at least one employee in Colorado must begin remitting premiums (0.9% payroll tax) for all Colorado employees beginning January 1, 2023. Covered employees will be able to take up to 12 weeks of paid leave starting January 1, 2024. Reasons for leave include:

  • Care for the employee’s own health condition.
  • Care for a covered family member’s serious health condition.
  • Care for a new child, including adopted and fostered children, during the first year after birth, adoption, or placement of the child.
  • Planning for a covered family member’s military deployment.
  • Taking “safe leave,” because the employee or employee’s covered family member is the victim of domestic violence, stalking, sexual assault, or abuse.

Employees may receive an additional 4 weeks of paid leave (for a total of 16 weeks) if leave is needed due to a pregnancy or childbirth-related complication.

Employers with fewer than 10 employees are not required to pay the employer share.

Employers with 10 or more employees must deduct up to 50% of the .9% (.45% form the employee and .45% from the employer = .9%) premium as a standard payroll deduction.

The same formula is used to calculate both premiums (employer and employee’s):

  • (Employee’s annual income X .009) / 2

How is G&A Partners supporting you?

  • Your G&A HR professional is available to assist you in reviewing, revising, or creating paid family and medical leave policies to comply with state leave requirements.

What do I need to do?

  • If you already offer a voluntary paid family and medical leave benefit, review it to determine if it is as generous as the state’s plan. If it is, and you want to opt out of the state’s FAMLI program, follow the directions on the FAMLI Division website to do so. Then provide a copy of your approved private plan exemption to G&A Partners.
  • Provide the required notice to new hires and post in a conspicuous location where other employment posters are located.
  • Train managers, supervisors, and internal HR about the requirements of this law.

Poster Update

Effective July 1, 2022

Colorado has released a revised Paid Leave, Whistleblowing, & Protective Equipment Notice. The revised notice clarifies ambiguous paid leave language and makes whistleblower worker protections during public health emergencies permanent.

Whistleblower Expansions

Effective May 31, 2022

Colorado expanded the Colorado Public Health Emergency Whistleblower (PHEW) law. Employees and independent contractors may now file a complaint with the Colorado Department of Labor & Employment (CDLE) if they if they have a reasonable, good faith belief that that their employer or principal is committing a workplace violation of a government health or safety rule or a significant workplace health or safety threat. Employers may not fire or take other adverse action against the worker for raising the concern.

Colorado Updates Unemployment Benefits Notice Requirement

Effective May 25, 2022

Colorado requires employers to provide a written notification regarding the availability of unemployment compensation at the time of an employee’s separation, regardless of the reason for separation. The notice may be in electronic or paper format and must include the information below:

  • The employer’s name and address;
  • The employee’s name and address;
  • The employee’s identification number or the last four digits of the employee’s social security number;
  • The employee’s start date, date of last day worked, year-to-date earnings, and wages for the last week the employee worked; and
  • The reason the employee separated from the employer.

The notice requirement went into effect on May 25, 2022 when the bill was signed by the governor.

The State is expected to release its model notice in the next few months. In the interim, G&A Partners has created a notice template for your use. Please view the form here.

Restrictive Covenant Law

Effective March 1, 2022

Colorado enacted a law making non-compete agreements restricting the right of any person to receive compensation for the performance of skilled or unskilled labor, void and unenforceable. Additionally, intimidating an employee into entering a restrictive covenant is illegal. Persons found to have violated any portion of this law will be guilty of a criminal offense (class 2 misdemeanor).

Compliance Poster Updates

Effective January 1, 2022

  • The Colorado Department of Labor and Employment has updated their Paid Leave, Whistleblowing & Personal Protective Equipment notice. The updated notice reflects changes to the Healthy Families and Workplaces Act (HFWA). Beginning in 2022, the HFWA covers employers of any size and allows employees to earn 1 hour of paid leave per 30 hours worked, with a maximum of 48 hours of paid leave per year.
  • The Colorado Department of Regulatory Agencies has updated their Employment Discrimination notice. The updated notice reflects that gender identity and gender expression have been added as protected categories under the Colorado anti-discrimination law. The poster revision date is December 28, 2021.

Minimum Wage

Effective January 1, 2022

The minimum wage per hour increased to $12.56.

Compliance Poster Update

The Colorado Department of Labor and Employment has updated their Overtime and Minimum Pay Standards Order notice. The updated notice reflects an increase in the minimum wage. Effective 1/1/2022, the minimum wage rate will increase from $12.32/hour to $12.56/hour for non-tipped employees and from $9.30/hour to $9.54/hour for tipped employees.

Salary Threshold Changes

Effective November 1, 2021

As a result of the Colorado Overtime & Minimum Pay Standards Order, the minimum salary requirement to qualify for overtime exemption will increase to at least $865.38 per week on January 1, 2022.

Highly technical computer employees may be paid on an hourly or salary basis. These employees must be paid an hourly rate of $28.92, or a salary of at least $865.38 per week.

Colorado Issues Emergency Regulations and Related Policies and Procedures Requiring COVID-19 Vaccination for Certain Healthcare Workers

Effective September 20, 2021

The Colorado Board of Health adopted emergency regulations concerning COVID-19 and healthcare workers. The emergency regulations mandate that all covered individuals (including employees, direct contractors, and support staff who have the potential for exposure to clients or to infectious material or environment) must have received their first dose of the COVID-19 vaccine by September 30, 2021, and be fully vaccinated no later than October 31, 2021.

Further, they must also receive booster doses if they become recommended by the Advisory Committee on Immunization Practices (ACIP). Thereafter, the rule requires healthcare facilities to hire only fully vaccinated workers after October 31, 2021. This mandate does not apply to individual health care practitioners or staff, or settings where patients seek medical care including primary care offices and urgent care locations.

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.

Connecticut

Poster Update

Effective August 1, 2022

CONNECTICUT DOMESTIC VIOLENCE NOTICE

A new Domestic Violence Notice has been released by the state of Connecticut that is now required for all businesses in the state to display. The notice contains resources regarding domestic violence and describes how it is illegal to discriminate against someone based on their status as a victim of domestic violence.

Protections for Victims of Family Violence

Effective October 1, 2022

Connecticut has updated its Human Rights and Opportunities Act (HROA) to include protections for victims of family violence. The Connecticut HROA applies to employers with three or more employees. This amendment requires employers to post a notice, include victims of family violence as a protected class, and provide reasonable leave.

Employers must provide eligible employees with a leave of absence of up to 12 days in a calendar year to:

  • Seek attention for injuries caused by domestic violence.
  • Obtain services including safety planning from a domestic violence agency or rape crisis center.
  • Obtain psychological counseling.
  • Take other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation.
  • Obtain legal services, assist in the prosecution of the offense, or participate in legal proceedings in relation to the incident of domestic violence.

Employers may request a certification within a reasonable time following a qualifying leave of absence. Certifications can include:

  • A police report
  • A court order
  • Other evidence from a court or prosecuting attorney that the employee appeared in court
  • Documentation from a medical professional, domestic violence counselor, or other health care provider showing that the employee or the employee’s child received or is receiving services, counseling, or treatment for physical or mental injuries or abuse.

New Minimum Wage

Effective July 1, 2022

The minimum wage per hour will increase to $14.

Compliance Poster Update

Effective December 1, 2021

Workers' Compensation Notice: The Connecticut Department of Labor has updated its Workers' Compensation notice. The updated notice reflects that cases involving an employee’s failure to report an injury are now handled by an administrative law judge rather than by the commissioner.

Age Discrimination

Effective October 1, 2021

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

Recreational Marijuana Legalized

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.

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.

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.

Connecticut Budget Omnibus

Effective July 1, 2021

Employers must give an employee two hours of unpaid time off for state elections. This law creates wage-notification requirements and other protections for domestic workers. It requires an employer who is relocating a call center to provide advance notice to the state labor commissioner.

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.

Lactation Accommodation Amendments

Effective October 1, 2021

The updated law requires workplaces in the state to ensure certain parameters for a private room or location onsite be met to accommodate employee breastfeeding.

Minimum Wage Update

Effective June 1, 2023

Connecticut: $15.00/hour

Delaware

Compliance Poster Change

Effective January 1, 2022

The Delaware Department of Labor, Division of Industrial Affairs has updated their Minimum Wage notice. The notice reflects an adjustment of the state minimum wage to $11.75/hour, effective on January 1, 2022.

Subminimum Wage Repeal

Effective January 31, 2024

The subminimum wage for persons with disabilities will be repealed.

New Minimum Wage

Effective January 1, 2022

The minimum wage per hour increases to $10.50.

Youth and Training Wage

Effective December 29, 2021

Protected Class Definitions

Effective September 17, 2021

The definitions of sexual orientation, gender identity, and disability must be consistent throughout the Delaware Code and with federal law.

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 Increase

Effective September 30, 2022

The minimum wage for employees that regularly work in Florida will increase from $10 to $11 per hour on September 30, 2022. The minimum wage for tipped employees in Florida will increase from $6.98 to $7.98 per hour.

This state minimum wage change will be automatically reflected in the G&A Partners payroll system as of the effective date of the change. No additional action is needed to update affected workers' pay rates to comply with statewide minimum wage increases.

Florida requires covered employers to display the minimum wage posters in a physical location in the workplace where employees can easily see it. G&A will notify you once the 2022 minimum wage poster has been released. Additional posters required by the state department can be viewed here.

How is G&A Partners supporting you?

  • Notify you once the 2022 minimum wage poster has been released.
  • Automatically update the minimum wage rates in our payroll system.

What do I need to do?

  • Notify your G&A Partners Human Resource professionals if you have questions regarding employees who are impacted by this change.

Expansion of New Hire and Independent Contractor Reporting Requirements

Effective October 1, 2021

Florida passed an amendment that now requires all businesses to report newly hired employees and information regarding certain independent contractors (if applicable) for the purpose of collecting child support.

Minimum Wage Change

Effective September 30, 2022

The minimum wage per hour will increase to $11.

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 December 1, 2021

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

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

Poster Update

Effective June 22, 2022

Hawaii has released a revised Wage and Hours Law Notice which lists the increased minimum wages in stages from current, up to January of 2028. Also, the Family Leave section of the notice adds care of grandchildren to the listed reasons for leave.

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

Minimum Wage Updates

Effective January 1, 2023

  • Employers with 4+ employees: $13.00/hour
  • Employers with 4 or fewer employees: $7.25/hour

Illinois Expands Unpaid Leave to Employees for Pregnancy and Adoption Loss

Effective June 9, 2022

Illinois expanded its Child Bereavement Leave Act and retitled it the Family Bereavement Leave Act. Employers with 50 or more employees are required to provide up to ten days of unpaid leave to eligible employees due to:

  • A miscarriage;
  • An unsuccessful round of intrauterine insemination or assisted reproductive technology procedure (e.g., artificial insemination or embryo transfer);
  • A failed adoption match or an adoption that is not finalized because it is contested by another party;
  • A diagnosis that negatively impacts pregnancy or fertility; or
  • A stillbirth.

Employers may request reasonable documentation to support the use of unpaid leave under the Family Bereavement Leave Act, but they may not require employees to identify whether the leave specifies to one of the reasons mentioned above.

“Eligible employee” is defined as an employee who has worked for an employer for 12 months and has worked at least 1,250 hours in the previous 12-month period.

Illinois One Day Rest in Seven Amendment

Effective June 9, 2022

Illinois has amended its One Day Rest in Seven Act (ODRISA) to modify provisions and add civil penalties for employers failing to provide required rest periods.

ODRISA requires employers to provide employees with at least 24 consecutive hours of rest in every consecutive seven-day period.

Employers must provide an unpaid meal period of at least 20 minutes by the end of the fifth hour of work and an additional 20-minute meal period for employees who work over seven-and-a-half hours in a day.

Employers who are found to be in violation of this law may be subject to the following civil penalties:

  • Employers with fewer than 25 employees: a fine of up to $250 per offense and damages of up to $250 to each affected employee
  • Employers with 25 or more employees: a fine of up to $500 per offense and damages of up to $500 to each affected employee

New Minimum Wage

Effective January 1, 2022

The minimum wage per hour will increase to $12.

Illinois Amended Victim’s Economic Security and Safety Act (VESSA)

Effective January 1, 2022

This amendment expands the reasons for which job-protected leave for domestic or sexual violence is available. VESSA will now allow employees to take leave if they or a covered family or household member are a victim of domestic, sexual, or gender violence or “any other crime of violence.” The amended law also expands the definition of “family or household member” to include a spouse, party to a civil union, parent, grandparent, child, grandchild, sibling, or any other person related by blood or by present or prior marriage or civil union, another person who shares a relationship through a child, or any other individual whose close association with the employee is the equivalent of a family relationship as determined by the employee and persons jointly residing in the same household. An employee’s right to take leave for a “crime of violence” will also now permit leave for conduct covered by certain sections of Illinois’ Criminal Code.

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.”

Health Insurance Coverage Disclosure

Effective August 27, 2021

This disclosure requires employers that provide health insurance coverage to employees through policies written outside of Illinois to disclose specified coverages and the coverages that are not included.

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%.

Health Care Right of Conscience Act Amendment

Effective June 22, 2021

Illinois has amended the Health Care Right of Conscience Act to clarify that the Act was not intended to apply to COVID-19 requirements. This amendment gives employers greater authority to impose COVID-19 requirements as a condition of employment.

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.

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

Poster Updates

Effective June 3, 2022

The Iowa Division of Labor Services has updated their Iowa OSHA notice. The updated notice reflects a change of address for the Division. The poster revision date is June 03, 2022.

Compliance Poster Update

Effective March 31, 2022

Iowa has released a revised Job Safety and Health / It's The Law Notice. The revised notice specifies that an employee may file a complaint with OSHA within 30 days of retaliation or discrimination by their employer for making safety and health complaints or for exercising rights under the OSHA Act.

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

Compliance Poster Update

Effective December 1, 2021

The updated Safety and Health on the Job Notice reflects new workplace injury and illness reporting requirements.

Labor Law Posting Change

Effective December 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.

City of Wichita, Kansas Enacts Anti-discrimination Ordinance

Effective October 29, 2021

The City of Wichita, Kansas, has enacted a law creating the Wichita Human Rights Commission and prohibiting discrimination in employment based on a protected class.

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

Compliance Poster Update

Effective November 17, 2022

The Kentucky Education and Labor Cabinet Office of Unemployment Insurance has updated their Unemployment Insurance notice. The updated notice reflects a new web address for filing claims and a name and address change for the Kentucky Education and Labor Cabinet, Office of Unemployment Insurance. The poster revision date is November 17, 2022.

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.

Louisiana

Poster Updates

Effective July 14, 2022

Earned Income Tax Credit

The Louisiana Workforce Commission has updated their Earned Income Tax Credit notice. The updated notice reflects a new adjusted earned income tax credit for the year 2022. The poster revision date is July 14, 2022.

Independent Contractor or Employee

The Louisiana Workforce Commission has updated their Independent Contractor or Employee notice. The updated notice reflects new contact information for the commission. The poster revision date is July 14, 2022.

Poster Update

Effective April 1, 2022

Louisiana has released the updated 2022 Earned Income Credit Notice (EIC). The revised notice has been updated with the 2022 income limits for available Earned Income Tax Credits per income level and number of children.

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.

Louisiana Lifts Mask Mandates, Except for Students Subject to Opt-Out Procedures

Effective October 27, 2021

Louisiana has lifted its statewide mask mandate. This does not apply to K-12 schools, regardless of vaccination status. All students in K-12 schools in Louisiana should continue to wear face coverings. However, a Local Education Agency, school district, or non-public school may opt-out of this mandate if an isolation and quarantine policy is adopted for students, faculty, and staff.

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.

Maine

Vacation Payout

Effective January 1, 2023

Employers in the state that have more than 10 employees must pay to separating employees all unused vacation accrued in alignment with the employer’s policy in effect on and after January 1, 2023. This payment must be paid to the employee no later than the employee’s next established payday.

Employers with 10 or fewer employees, and employees who are subject to a collective bargaining agreement that includes provisions regarding vacation payout, are not subject to this law.

If an employer is found to violate this law, they may be subject to:

  • The amount of unpaid wages,
  • All accrued vacation pay that must be paid to the employee,
  • Reasonable rate of interest,
  • Liquidated damages in an amount equal to twice the amount of the unpaid wages and accrued vacation pay,
  • Reasonable attorney’s fees.

How is G&A Partners supporting you?

  • G&A Partners Human Resource professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to termination and final payout.
  • G&A Partners Payroll professionals are available to assist you in calculating final pay for separating employees.

What do I need to do?

  • Review policies and procedures related to termination and final wage payment.

Poster Updates

Effective January 1, 2023

The Maine Department of Labor has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $13.80/hour, effective January 1, 2023. The poster revision date is December 7, 2022.

Minimum Wage Updates

Effective January 1, 2023

  • Rockland, Maine:
    • Employers with 26+ employees: $14.00/hour
    • Employers with 25 or fewer employees: State rate applies

Poster Update

Effective June 21, 2022

The Maine Department of Labor has updated their Minimum Wage notice. The updated notice reflects that, unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one and one-half their regular rate of pay. The poster revision date is June 21, 2022.

Final Pay Amendment

Effective January 1, 2023

The state of Maine has passed a law that requires employers with 11 or more employees to pay all accrued, unused vacation pay at the time an employee separates employment.

Payment of vacation time must be provided to the departing employee no later than the employee’s next established pay date.

Compliance Poster Updates

Effective January 1, 2022

The Maine Department of Labor has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $12.75/hour, effective on January 1, 2022.

The Maine Department of Labor has updated their Regulation of Employment notice. The updated notice reflects that employees may now take leave for a serious health condition of their grandchildren or the grandchildren of their domestic partner. The poster revision date is January 19, 2022.

Minimum Wage

Effective January 1, 2022

The minimum wage per hour will increase to $12.75.

Effective January 1, 2021

The minimum wage per hour will increase to $12.15.

Salary Threshold Changes

Effective December 1, 2021

The salary requirement to qualify for overtime exemption has increased to at least $735.59 per week.

Definition of Service Employee

Effective December 1, 2021

The amount of tips an employee must receive to be considered a service employee has increased from $30 per month to $100 per month.

Discrimination Against Domestic Violence Victims

Effective October 18, 2021

Prohibits discrimination in employment against domestic violence victims who seek or receive an order of protection.

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.

Child and Elder Care Unemployment Exemption

Effective October 18, 2021

Provides eligibility for unemployment compensation for a person who leaves employment due to the unexpected loss of a child or who needs to provide eldercare under certain circumstances.

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.

Required Posters

Maryland

Time to Care Act

Effective January 1, 2025

Overview

On April 9, 2022, Maryland enacted a paid family leave law titled the Time to Care Act (the Act). The Act requires employers with 1 or more employees in the state to provide paid family and medical leave to eligible employees.

Under this law, eligible employees may take leave for qualifying reasons and receive wage replacement benefits from the state of Maryland.

Definitions

"Eligible employee” is defined as an individual who has:

  • Worked at least 680 hours during the previous 12-month period.

“Employer” is defined as anyone who employs at least one employee in the state, except:

  • An individual who is the sole owner of a sole proprietorship, and
  • The only individual employed by a sole proprietorship, limited liability company, C corporation or S corporation

The term “family member” includes an employee’s:

  • Parent (biological, adopted, foster, step, in-law, legal guardian or ward of the employee’s or employee’s spouse, or an individual who stood in loco parentis of the employee or the employee’s spouse when the employee or employee’s spouse was a minor.)
  • Child (biological, adopted, foster, step, legal or physical custody or guardianship, in loco parentis,)
  • Spouse
  • Grandparent*
  • Grandchild*
  • Sibling*

*Biological, adopted, foster, or step

“Qualifying exigency leave” has the same definition as it does under the federal Family and Medical Leave Act (FMLA) and is expanded to include:

  • The ability to attend to any matters related to the death of the service member while on active duty,
  • To arrange for or provide alternative care for a parent of the service member when the parent is incapable of self-care and the covered active duty or call to active duty necessitates a change, or
  • Because of any other issues that arise out of active duty or a call to active duty that an employer and covered employee agree should be covered.

“Serious health condition” is defined as an illness, injury, impairment, or physical or mental condition involving:

  • Inpatient care at a hospital, hospice, or residential care facility,
  • Continued treatment by a licensed health care professional, at a medical facility or at home, including treatment or supervision provided by a competent individual under the supervision of a licensed health care professional.
  • Conditions as described above that continue over an extended period and requires intermittent treatment.

Reasons for Leave

Qualifying employees may take leave for the following reasons:

  • To care for a child during the first year after the child’s birth or placement with the employees for adoption, kinship care, or foster care,
  • For the employee’s own serious health condition,
  • To care for a family member with a serious health condition,
  • Because of a qualifying exigency leave
  • To care for a service member who is the employee’s next of kin

Duration of leave

Eligible employees may take up to 12 weeks of leave per year for qualifying reasons.

  • An employee may be eligible for an additional 12-weeks of leave during the same application year if the employee:
  • Takes leave to care for a new child, born or placed for adoption, foster, or kinship care and,
  • Subsequently suffers their own serious health condition.

OR

  • Takes leave to care for their own serious health condition and,
  • Subsequently needs leave to care a new child, born or placed for adoption, foster, or kinship care.

Leave may be taken intermittently in 4-hour increments.

Contributions

Effective October 1, 2023, employers must begin to remit contributions for Maryland’s Time to Care Act.

  • The initial contribution rate through 2024 will be 0.75% of an employee’s wages.
  • For each $100 earned by an employee, $7.50 will be contributed to the Fund.
  • The employer and employee will share this cost.
  • Employers may cover a part or all of the employee share if they choose.
  • Employers with fewer than 15 employees in the state of Maryland are not required to remit the employer portion of the contribution.
  • On or before June 1, 2023, the state will determine the contribution amounts shared between the employee and employer and communicate the decision publicly.
  • G&A Partners is tracking this law and will provide an update when notification of the decision is made.
  • The contribution rate will be adjusted every two years, beginning in 2025.
  • Notification regarding the new rate will be made on or before June 1 of the year prior to the change's effective date.

Employers may choose to meet the Act's obligations through a private plan consisting of employer-provided benefits, insurance, or a combination of both that meets or exceeds the state plan requirements.

Employers that elect to pursue a private plan must register such plan with the state of Maryland for approval.

Coordination with Other Wage Replacement Plans

Prior to or during an employee’s approved Time to Care leave, employees must exhaust all employer-provided voluntary leave programs that are not required by law to be provided to employees.

Continuation of Benefits

Employers must continue an employee’s health benefits during an employee’s approved leave. Employees must continue to pay the employee portion of the cost of benefits during the approved leave.

Requesting Leave

Employers may require employees to provide written notice of leave up to 30 days prior to the beginning of the leave if the need for leave is foreseeable.

If the need for leave is not foreseeable, employees must provide notice as soon as practical, and generally comply with the employer’s policy for reporting absences.

Leave taken intermittently must be scheduled in a manner that does not unduly disrupt the employer’s operations and provide the employer with “reasonable and practical” prior notice of the reason for which the intermittent leave is necessary.

  • An employer may not deduct more leave from the bank of time available than the actual amount used by the employee.

For example: an employee uses 7.5 hours of intermittent leave. An employer may only deduct 7.5 hours of leave from the bank, they may not round to 8 hours.

Employee Notification

Employers must provide written notice to each employee of the employee’s rights and protections under Maryland’s Time to Care Act upon hire and annually each year.

Within 5 days of an employee’s request for leave under this law, the employer must provide notification of the employee’s eligibility to take leave.

Maryland’s Department of Labor will provide standard notices for use in complying with this requirement.

  • G&A will provide a link to the state-provided notice once they have been made publically available.

Protections

Employers must reinstate employees to an equivalent position upon the expiration of an approved Time to Care leave. No employer, nor any party acting on behalf of an employer, may take retaliatory or discriminatory action against an employee because the employee exercised their rights under the Act.

Employers may only terminate employees who have taken or are on approved leaves under the Maryland Time to Care Act for cause, and reinstatement of employees on approved leaves may only be denied if:

  • The denial is necessary to prevent substantial and grievous injury to the operations of the employer,
  • The employer notifies the employee of the intent to deny reinstatement at the time the employer makes such determination, and
  • The employee elects not to return to work after receiving such notice (if leave had already begun).

Penalties

Employees who believe they have been subject to a violation of the law file a complaint with the Secretary of Labor, who will perform an investigation.

Employers found to be in violation of this law may be subject to civil penalties of up to $1,000 for each employee the employer lacks compliance.

If an employee prevails in a civil action, the employer may be subject to:

  • Three times the value of the complaining employee’s lost wages
  • Damages equal to the amount of wages, salary, employment benefit, or other compensation denied or lost,
  • Punitive damages as determined by the court,
  • Reasonable counsel fees and costs,
  • Injunctive relief, and, if appropriate,
  • Other relief the court deems appropriate.

How is G&A Partners supporting you?

  • G&A Partners continues to track this law and will issue updated communications as development occur.
  • Check the Maryland Time to Care Act website for FAQs and other resources provided by the state.
  • G&A Partners will calculate and deduct the appropriate contribution once this requirement becomes effective.
  • G&A Partners is available to assist you with processes involving timekeeping, payroll, and benefits to properly calculate and track accrued and used family and medical leave.
  • G&A Partners Leave Administration Team is available to support your employees who need leave and help you and your employees through the leave process.
  • Contact your Business Advisor if you would like to add Leave Administration to the services you receive.
  • G&A Partners Human Resource professionals are available to assist you in the review and revision, if necessary, of policies and procedures related to leave.

What do I need to do?

  • Distribute the required notice to all current employees once it is released by the state of Maryland.
  • Provide the notice to new hires.
  • If you have remote employees in Maryland, provide a PDF version of the notice via email and maintain the notice on a site that is readily accessible for employees, such as an intranet site.
  • Train managers, supervisors, and internal HR individuals about the requirements of this law.

Minimum Wage Updates

Effective January 1, 2023

  • Maryland
    • Employers with 15+ employees: $13.25/hour
    • Employers with 14 or fewer employees: $12.80/hour
  • Howard County
    • Employers with 15+ employees: $15.00/hour
    • Employers with 14 or fewer employees: $13.25/hour

Poster Update

Effective June 14, 2022

The Maryland Department of Labor has updated their Minimum Wage and Overtime Law notice. The updated notice reflects the removal of specific overtime exceptions. The poster revision date is June 14, 2022.

Compliance Poster Updates

Effective March 9, 2022

The Maryland Department of Labor has updated their Equal Pay for Equal Work notice. The updated notice reflects a new department address. The poster revision date is March 09, 2022.

The Maryland Department of Labor has updated their Minor Fact Sheet notice. The updated notice reflects a new department address. The poster revision date is March 09, 2022.

The Maryland Department of Labor has updated their Earned Sick and Safe Leave notice. The updated notice reflects a new department address. The poster revision date is March 09, 2022.

Minimum Wage Changes

Effective January 1, 2022

  • The minimum wage per hour for employers with 15 or more employees will increase to $12.50.
  • The minimum wage per hour for employers with 14 or fewer employees will increase to $12.20.

Effective January 1, 2021

The minimum wage per hour will increase to $11.75.

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.

Required Posters

Effective January 1, 2021

Massachusetts

Poster Updates

Effective January 1, 2023

The Massachusetts Department of Family and Medical Leave (DFML) has updated their Paid Family and Medical Leave (PFML) notice. The updated notice reflects an adjusted contribution rate and benefit amount under the state Paid Family and Medical Leave Act effective January 1, 2023. The poster revision date is November 21, 2022.

Minimum Wage Updates:

Effective January 1, 2023

Massachusetts: $15.00/hour

Compliance Poster Update

Effective January 27, 2022

The Massachusetts Commission Against Discrimination has updated their Fair Employment notice. The updated notice reflects information on the Pregnant Workers Fairness Act prohibiting employment discrimination on the basis of pregnancy and pregnancy-related conditions.

Minimum Wage

Effective January 1, 2022

The minimum wage per hour will increase to $14.25.

Effective January 1, 2021

The minimum wage per hour will increase to $13.50.

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.

Amendment: Massachusetts Extends COVID-19 Emergency Paid Sick Leave

Effective December 1, 2021

Massachusetts mandated emergency paid sick leave related to COVID-19 (up to 40 additional hours) for all public and private employers. This leave entitlement was set to expire September 30, 2021, but an amendment has extended the law through April 1, 2022.

Compliance Poster Update

Effective December 1, 2021

The Massachusetts Executive Office for Administration and Finance has updated its COVID-19 Emergency Paid Sick Leave Notice. The updated notice reflects that employers must make paid leave time available to employees for COVID-19 related illnesses, quarantine, and vaccinations until April 1, 2022, or until the exhaustion of program funds as determined by the Commonwealth of Massachusetts.

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.

Michigan

Minimum Wage Updates

Effective January 1, 2023

Michigan: $10.10/hour

Poster Update

Effective June 1, 2022

The Michigan Department of Labor and Economic Opportunity has updated their Minimum Wage notice. The updated notice reflects a correction to the training wage information, now stating that a training wage of $4.25 per hour may be paid to employees 16 to 19 years of age for the first 90 calendar days of employment. The poster revision date is June 1, 2022.

Minimum Wage

Effective January 1, 2022

The minimum wage per hour increased to $9.87.

Effective January 1, 2021

The minimum wage per hour will increase to $9.65.

Compliance Poster Updates

Effective December 1, 2021

Michigan released updates for several posting requirements. To stay in compliance with these recent changes, all businesses in Michigan with at least one employee on payroll must display these updated postings in their locations:

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.

Required Posters

Effective January 1, 2021

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.

Minnesota

Minimum Wage Updates

Effective January 1, 2023

  • Minnesota:
    • Large employers ($500,000 annual gross revenue or more): $10.59/hour
    • Small employers ($500,000 annual gross revenue or less): $8.63/hour
  • Minneapolis, Minnesota:
    • Employers with 100 or more: $15.19/hour
  • Saint Paul, Minnesota:
    • Macro Businesses (more than 10,000 workers) and City of Saint Paul workers: $15.19/hour

Poster Update

Effective June 15, 2022

The Minnesota Department of Labor and Industry has updated their Unemployment Insurance notice. The updated notice reflects new contact information for the department. The poster revision date is June 15, 2022.

Minnesota Frontline Worker Pay Updates

Effective June 8, 2022

The state of Minnesota passed a law providing COVID-19 bonus pay for eligible frontline workers. The application process is now open and eligible employees may now apply. Eligible workers have 45 days to apply to receive payment -- now through Friday, July 22. The program is not first-come, first-served, so an application on day one is just as good as an application on day 10, day 20 and day 30.

Bonus Pay for COVID-19 Frontline Workers

Effective April 30, 2022

Minnesota has passed a law providing bonus pay for eligible COVID-19 frontline workers. The application process is expected to open on June 8 and remain open through July 22, 2022.

Once the state is able to accept applications, eligible workers will have 45 days (approximately 6 weeks) to apply for benefits under the Frontline Workers Pay Program.

Minimum Wage Requirement

Effective January 1, 2022

  • The minimum wage per hour for employers with annual gross revenues of at least $500,000 will increase to $10.33.
  • The minimum wage per hour for employers with annual gross revenues less than $500,000 will increase to $8.42.

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

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.

Mississippi

Mississippi Equal Pay Law Now Aligns with Federal Law

Effective July 1, 2022

Mississippi passed the Equal Pay for Equal Work Act, which aligns the state’s equal pay law with the federal Equal Pay Act. The law prohibits employers from paying a different wage to workers of a different sex who perform work that “requires equal skill, education, effort and responsibility and which is performed under similar working conditions.”

The law allows for disparity in pay when it is based on a seniority system, merit system, a system which measures earnings by quantity or qualify of production, and for “any other factor than sex.”

The Equal Pay for Equal Work Act defines an “employee” as someone who is employed to work 40 or more hours per week, and an “employer” as an entity that employees 5 or more employees.

The equal pay law also prohibits an employer from reducing the wage rate of any employee to comply with the law and prohibits employers from discharging, discriminating, or retaliating against an employee who invokes or assists the enforcement of the law.

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

Poster Updates

Effective January 1, 2023

Missouri has released the updated 2023 Minimum Wage Notice which goes into effect on January 1, 2023. The revised notice increases the minimum wage from $11.15 to $12.00 per hour and also increases the tipped minimum wage to $6.00 per hour. Finally, updates were made to the Exceptions section of the notice.

Minimum Wage Updates

Effective January 1, 2023

Missouri: $12.00/hour

Compliance Poster Update

Effective January 1, 2022

The Missouri Commission on Human Rights has updated their Discrimination in Employment notice. The updated notice has been reformatted.

Compliance Poster Update

Effective January 1, 2022

The Missouri Department of Labor & Industrial Relations has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $11.15/hour, effective January 1, 2022.

Minimum Wage Change

Effective December 1, 2021

The minimum wage per hour will increase to $11.15.

Effective January 1, 2021

The minimum wage per hour will increase to $10.30.

Executive Order Banning Vaccine Mandates

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.

Montana

Minimum Wage Updates

Effective January 1, 2023

Montana: $9.95/hour

Minimum Wage Change

Effective January 1, 2022

The minimum wage per hour will increase to $9.20.

Effective January 1, 2021

The minimum wage per hour will increase to $8.75.

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.

Nebraska

Poster Updates

Effective January 1, 2023

The Nebraska Department of Labor has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $10.50/hour, effective on January 1, 2023. The poster revision date is December 09, 2022.

The Nebraska Department of Labor has updated their Unemployment Insurance notice. The updated notice reflects a new web address for filing claims. The poster revision date is December 09, 2022.

Poster Updates

Effective January 1, 2023

Nebraska has released labor law posting changes for 2023. First, the Minimum Wage Notice now displays the increased minimum wage of $10.50 which becomes effective on January 1, 2023. Also, increased minimum wages are included through 2026. Finally, the Nebraska Unemployment Insurance Notice has been revised with many changes throughout the text of the notice.

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

Poster Updates

Effective July 12, 2022

Annual Daily Overtime Bulletin

The Nevada Department of Business & Industry has updated their Annual Daily Overtime Bulletin notice. The updated notice reflects new overtime rates for employees who have been offered health benefits as well as new overtime rates for all other employees. The new overtime rates go into effect on July 1, 2022. The poster revision date is July 12, 2022.

Rules to be Observed by Employers

The Nevada Department of Business & Industry has updated their Rules to be Observed by Employers notice. The updated notice reflects new 2022 minimum wage information. In addition, information was also added regarding the new salary history ban that went into effect on October 1, 2021, and the Nevada Hospitality and Travel Workers' Right to Return Act. The poster revision date is July 12, 2022.

Poster Updates

Effective July 1, 2022

Nevada has released several posting changes which become effective on July 1, 2022. The Annual Daily Overtime Bulletin, Annual Minimum Wage Bulletin, and Rules to be Observed Notices have all been revised with updated information.

Compliance Poster Updates

Effective March 1, 2022

The Nevada Occupational Safety and Health Administration has updated their Safety and Health Protection on the Job notice. The updated notice reflects new mandatory penalty amounts for each serious violation and non-serious violation, as well as a daily penalty for failing to correct a violation. The poster revision date is March 1, 2022.

Department of Employment, Training, and Rehabilitation (DETR)
The Nevada Department of Business and Industry has updated their Department of Employment, Training, and Rehabilitation (DETR) notice. The updated notice reflects updated job training and employment programs provided by the Nevada Department of Employment, Training, and Rehabilitation (DETR). The poster revision date is March 1, 2022.

Minimum Wage Changes

Effective July 1, 2022

The minimum wage per hour for employers who offer health insurance increased to $9.50.

The minimum wage per hour for employers who do not offer health insurance increased to $10.50.

Modification of Noncompetition Agreements

Effective October 1, 2021

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

Website Accommodation

Effective October 1, 2021

Provides that certain businesses that offer goods or services through an Internet website, mobile application, or other electronic medium are places of public accommodation.

Garnishment for Child Support

Effective October 1, 2021

Amends the procedures for garnishment of wages pursuant to a child support order.

Single-Stall Restrooms

Effective October 1, 2021

Noncompetition Agreements and Hourly Employees

Effective October 1, 2021

Prohibits noncompetition covenants from applying to hourly employees; prohibits employers from restricting former employers from providing service to a former client under certain circumstances.

Kin Care

Effective October 1, 2021

Requires employers who provide sick leave to allow an employee to use sick leave to assist certain family members with medical needs.

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

New Hampshire has enacted voluntary paid family leave for private employers titled the Granite State Paid Family Leave Plan. Employers that choose to participate may elect to provide between six and 12 weeks of leave Participating employees will receive up to 60% of their average weekly wage for per calendar year for qualifying absences. The wage replacement benefit is capped at the Social Security taxable wage maximum.

Employers who choose to sponsor a plan for their employees will receive a tax credit of 50% of the premiums paid. Individuals who work for an employer that does not offer a plan may elect to receive coverage under the state-offered plan. Employers with more than 50 employees must permit individual employees who choose to participate the ability to use payroll deductions to pay their contribution to the state-offered plan.

Leave can be used:

  • For the birth or placement of a child.
  • To care for an employee's family member with a serious health condition.
  • For a qualifying exigency arising out of the fact that the employee's family member is a covered military member on covered active duty, or
  • To care for a covered service-member with a serious injury.

A serious health condition is defined as:

  • An illness of a family member covered by the Family and Medical Leave Act (FMLA).
  • Treatment for addiction as prescribed by a treating clinician.
  • Treatment for a mental health condition.

A family member is defined as:

  • Child (biological/adoptive)
  • Foster parent
  • Stepparent
  • Legal guardian of the child or the child's spouse or domestic partner
  • A biological, adoptive, or foster grandparent or step grandparent
  • Spouse or domestic partner

How is G&A Partners supporting you?

  • G&A Partners’ Human Resource professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to leave.
  • G&A Partners’ Leave Administration Team and Human Resource professionals are available to assist you in the necessary steps to initiate a leave of absence for qualifying reasons.

What do I need to do?

  • Consult with counsel to determine whether you want to voluntarily sponsor a plan for your employees in New Hampshire.

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

Minimum Wage Updates:

Effective January 1, 2023

  • New Jersey:
    • Most employers: $14.13/hour
    • Seasonal & small employers (fewer than 6): $12.70/hour

Compliance Poster Regulations

Effective December 31, 2022

Due Date: December 31st of each year

The New Jersey Division on Civil Rights (DCR) has adopted regulations requiring employers to display and distribute posters created by the Division.

Employers covered under New Jersey's Law Against Discrimination (NJLAD) must display the NJLAD notice of rights and the New Jersey Family Leave Act (NJFLA) notice of rights. Employers must provide a written copy of the notices by December 31 of each year and upon employee request.

Poster Update

Effective May 16, 2022

The New Jersey Department of Labor and Workforce Development has updated their Payment of Wages notice. The updated notice reflects additional contact information for the department. In addition, the updated notice has been reformatted. The poster revision date is May 16, 2022.

Employer Tracking Device Notification

Effective April 19, 2022

New Jersey enacted a law prohibiting employers from using vehicle tracking devices without providing notice to employees. Tracking devices are defined as “an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.” Devices that are used to document employee expense reimbursements are excluded.

Provide notice to employees before using tracking devices on their vehicles.

Compliance Poster Update

Effective January 1, 2022

The New Jersey Department of Labor and Workforce Development has updated their Wage and Hour Law Abstract notice. The updated notice reflects an adjustment of the state minimum wage rate to $13.00/hour for most employers, $11.90/hour for seasonal and small employers (fewer than 6 employees), $11.05/hour for agricultural employers, $5.13/hour cash wage for tipped workers, and to $16.00/hour for long-term care facility direct care staff members as of January 1, 2022.

Compliance Poster Change

Effective December 22, 2021

The New Jersey Division on Civil Rights has updated their Family Leave Act notice. The updated notice reflects new protections for employees who must take time off to care for a family member during the COVID-19 outbreak. These protections include job security and up to 12 weeks of unpaid family leave in a 24-month period. In addition, the notice has been reformatted.

Employee Misclassification

Effective January 8, 2022

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

Minimum Wage Requirement

Effective January 1, 2022

  • The minimum wage per hour for most employers will increase to $13.
  • The minimum wage per hour for seasonal and small employers (fewer than six employees) will increase to $11.90.

Effective January 1, 2021

The minimum wage per hour will increase to $12.

Age Discrimination Amendment

Effective October 5, 2021

The amendments clarify what constitutes age discrimination in employment and remove language stating that nothing in the New Jersey Law Against Discrimination prohibits an employer from refusing to hire or promote any person over age 70. Consequently, employers may no longer refuse to hire or promote an individual because they are older than 70. In addition, the amendments remove language that limits damages to reinstatement with back pay and interest for forced age-related retirement.

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.

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

Minimum Wage Updates

Effective January 1, 2023

  • New Mexico: $12.00/hour
  • Albuquerque, New Mexico: $12.00/hour
  • Las Cruces, New Mexico: $12.00/hour

Poster Update

Effective July 1, 2022

New Mexico has released a new Paid Sick Leave Notice which becomes effective on July 1, 2022. The notice lays out accrual, use, reasons for Paid Sick Leave. The notice also describes notice to be given, documentation requirements, retaliation prohibitions and the complaint process.

Healthy Workplaces Act

Effective July 1, 2022

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

Minimum Wage Requirement

Effective January 1, 2022

The minimum wage per hour for most employers will increase to $11.50.

Effective January 1, 2021

The minimum wage per hour will increase to $10.50.

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.

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 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.

New York

Minimum Wage Updates

Effective January 1, 2023

New York: $14.20/hour

Sexual Harassment Hotline

Effective July 19, 2022

New York’s Division of Human Rights (DHR) has established a toll-free confidential hotline (1-800-HARASS-3) to provide counsel and assistance from pro bono attorneys to individuals who have experienced workplace sexual harassment. The hotline is available Monday through Friday, 9:00AM to 5:00PM.

Employers can review New York’s Sexual Harassment Prevention Employer Toolkit here.

Notice of Electronic Monitoring

Effective May 7, 2022

New York amended its Civil Rights Law, requiring that private employers notify employees of electronic monitoring and obtain written acknowledgement of receipt of the notice now proactively.

All private employers in the state of New York that “monitor or otherwise intercept” their employees’ telephone calls, e-mail, internet access or usage are subject to this requirement. Notice must be provided, and written or electronic acknowledgement received, at the time of the hire and posted in a conspicuous place where other employment-related posters are located.

Exceptions include surveillance by video cameras, location tracking, review of stored e-mail, voicemails left in employee’s corporate accounts, and monitoring for computer system maintenance and/or protection.

Employers that are found to have violated this law may be subject to fines of up to $500 for the first violation, $1,000 for the second violation, and $3,000 for the third and each subsequent violation.

What do I need to do?

  • Review monitoring activities that may fall under the notice requirement.
  • Distribute the Notice to:
    • Current employees before May 7, 2022
    • New employees during the on-boarding process
  • Post the Notice in a conspicuous location where other employment-related notices/posters are located.

Compliance Poster Change

Effective February 22, 2022

The New York State Department of Labor has released their Whistleblower Protection Law notice. The new law expands the scope of who is protected against retaliation and what is deemed protected activity under the whistleblower law.

Place the poster in a conspicuous location where other employment posters are located. Please send the PDFs to all New York-based employees.

New York Electronic Monitoring

Effective May 7, 2022

This rule requires written notice upon hiring to all employees informing them of the types of electronic monitoring that may occur and requires employers to post the notice.

Compliance Poster Update

Effective December 31, 2021

The New York State Department of Labor has updated their Miscellaneous Industry Minimum Wage notice. The updated notice reflects an adjustment of the minimum wage to $15.00/hour for Long Island and Westchester County and $13.50/hour for the remainder of New York State.

Compliance Poster Update

Effective December 31, 2021

New York has released the 2022 minimum wage poster. The minimum wage for Long Island and Westchester Counties increases from $14.00 to $15.00 per hour. The minimum wage for large and small businesses in New York City remains at $15.00 per hour. The minimum wage for the remainder of New York State increases from $12.50 to $13.20 per hour.

Minimum Wage Changes

Effective December 31, 2021

  • The minimum wage per hour for employers not in New York City, Long Island, or Westchester County is increasing to $13.20.
  • The minimum wage for New York City, Long Island, and Westchester County remains at $15 an hour.

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

Salary Threshold Changes

Effective December 1, 2021

The salary requirement for Nassau, Suffolk, and Westchester Counties to qualify for overtime exemption has increased to at least $1,125 per week.

The salary requirement for the remainder of New York state (Except New York City) to qualify for overtime exemption has been proposed to increase to at least $990 per week.

Secure Choice Savings Program Automatic Enrollment

Effective October 21, 2021

Employees are automatically enrolled into the secure choice savings program and have a way to opt out. Employers must have a payroll deposit retirement savings arrangement for employee participation.

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.

North Carolina

Compliance Poster Updates

Effective November 14, 2022

Wage and Hour Act
The North Carolina Department of Labor has updated their Wage and Hour notice. The updated notice reflects that certain youth employment rules for 14 and 15-year-olds will begin to apply to all youths under 16 years of age, effective January 1, 2024 (unless action is taken by North Carolina General Assembly). The poster revision date is November 14, 2022.

OSH "Notice to Employees"
The North Carolina Department of Labor has updated their OSH "Notice to Employees". The updated notice reflects that the North Carolina Labor Commissioner has 60 calendar days from the date that the U.S. Department of Labor publishes the final annually adjusted civil penalties to adjust and publish the state penalties in the North Carolina Register. The poster revision date is November 14, 2022.

Poster Updates

Effective January 1, 2023

North Carolina has released two revised notices for 2023. First, a revised Minimum Wage Notice has been released with changes and clarifications to the youth section of the notice. Second, the NC OSHA Notice has a revised Penalties Section which describes the Commissioner's time frame to publish penalties in the North Carolina Register.

Compliance Poster Update

Effective December 29, 2021

The North Carolina Department of Labor has updated their Wage and Hour Act notice. The updated notice reflects that employers are now required to provide written notice to new hires on promised wages, and to notify employees in writing at least one pay period prior to any changes to wages. In addition, employers must send final paychecks through regular pay channels or by traceable mail if requested by an employee in writing. The poster revision date is December 29, 2021.

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.

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

Minimum Wage Updates

Effective January 1, 2023

  • Ohio:
    • $372,000 annual gross revenue or more (large employers): $10.10/hour
    • $372,000 annual gross revenue or less (small employers): $7.25/hour

Compliance Poster Update

Effective November 4, 2022

The Ohio Department of Commerce has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $10.10/hour, effective January 1, 2023. The poster revision date is November 4, 2022.

Firearm Law

Effective June 13, 2022

“Qualifying adults” may now legally carry, possess, or conceal a handgun without a license, background check, or training requirements. Employers may still establish, maintain, and enforce policies prohibiting individuals from carrying handguns or firearms in company buildings or within company vehicles. Employers shall also be immune from liability in a civil action for actions caused by a person bringing a handgun onto the employer’s property, including motor vehicles owned by the employer, unless the private employer acted with malicious purpose.

Minimum Wage Changes

Effective January 1, 2022

The minimum wage per hour for most employers increased to $9.30.

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.

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.

Oklahoma

Oklahoma Direct Deposit and Payroll Cards

Effective November 1, 2022

Oklahoma has amended its wage payment law to permit employers to pay wages solely by direct deposit. If the employee does not designate a financial institution or agree to use direct deposit, the employer may pay wages using a payroll card.

A “payroll card” is defined as a card or other device used by an employee to access wages from a payroll card account. A “payroll card account” is defined as an employer’s prepaid account where transfers of employee’s wages occur.

Wage Garnishment for Unpaid Taxes

Effective November 1, 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

Compliance Poster Update - Paid Leave Notice

Effective October 10, 2022

The Oregon Employment Department has released their Paid Leave notice. The newly released notice reflects the new Paid Family and Medical Leave Insurance program which allows employees to take paid time off for qualified family, medical or safe leave. The program is effective January 1, 2023, and employees can begin applying for leave benefits starting September 3, 2023. The poster revision date is October 10, 2022.

Paid Family Leave (Reminder)

Effective January 1, 2023

Oregon's Paid Family Leave program, enacted in 2019 and effective in 2023, will provide eligible employees with up to 12 weeks of paid family, medical, and safe leave benefits for qualifying reasons.

Beginning January 1, 2023, employers must begin remitting payroll contributions and provide notifications to employees regarding the deductions. For more information regarding the deductions, please view the Contributions Fact Sheet from the State of Oregon Employment Department. Also, effective this upcoming January 1 are discrimination, retaliation, recordkeeping, notice, and penalties provisions of the law.

Beginning August 3, 2023, eligible employees who choose to take paid family leave must provide at least 30 days’ notice to their employer, if feasible. Employees may begin to use the leave and benefit portions of the law, which provide job protection benefits, on September 3, 2023.

Poster Updates

Effective July 6, 2022

Equal Pay

The Oregon Bureau of Labor and Industries has updated their Equal Pay notice. The updated notice clarifies that employers cannot use pay cuts to make an employee's pay equal with other employees. The poster revision date is July 06, 2022.

Sexual Harassment & Domestic Violence Protection

The Oregon Bureau of Labor and Industries has updated their Sexual Harassment & Domestic Violence Protection notice. The updated notice reflects a new domestic violence protection indicating that employers must keep all documents and information confidential. The poster revision date is July 06, 2022.

Breaks & Meals/Overtime & Paychecks

The Oregon Bureau of Labor and Industries has updated their Breaks & Meals/Overtime & Paychecks notice. The updated notice reflects information regarding rest periods for minors. Employers with minors under 18 must provide each minor a rest period of not less than 15 minutes. The poster revision date is July 06, 2022.

Sick Time

The Oregon Bureau of Labor and Industries has updated their Sick Time notice. The updated notice reflects a new phone number and email address for the Oregon Bureau of Labor and Industries. The poster revision date is July 06, 2022.

Family Leave Act

The Oregon Bureau of Labor and Industries has updated their Family Leave Act notice. The updated notice reflects a new phone number and email address for the Oregon Bureau of Labor and Industries. The poster revision date is July 06, 2022.

Poster Updates

Effective July 1, 2022

Oregon has released several labor poster revisions that go into effect on July 1, 2022. The Minimum Wage has been increased and updates have been made to the Sick Time Leave, Family Leave, Breaks and Overtime, Domestic Violence and Sexual Harassment, and Equal Pay Notices.

Compliance Poster Updates

Effective February 4, 2022

  • The Oregon Bureau of Labor and Industries has updated their OSHA notice. The updated notice reflects a new law that extends the statute of limitations from 90 days to one year when reporting discrimination and retaliation workplace safety complaints.
  • The Oregon Bureau of Labor and Industries has updated their Family Leave Act notice. The updated notice reflects a new law that amends eligibility to take leave for employees reemployed after a separation or returning after a temporary work cessation within 180 days. The new law also expands eligibility and leave entitlements during public health emergencies.

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.

Paid Family & Medical Leave Program

Effective December 1, 2021

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

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 August 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.

Effective July 1, 2022

The minimum wage per hour for most employers will increase to $13.50.

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

Veteran Preference Amendments

Effective September 6, 2022

Pennsylvania amended its Veteran Preference Law to expand the definition of “veteran” and “surviving spouse.” Employers may use a veteran preference policy for hiring, promoting, or retaining qualified employees in certain circumstances using the expanded definitions under the amendment.

The definition of “surviving spouse” is defined as an unmarried spouse of a deceased veteran or of a service member who died on active duty in the Armed Forces, reserves, or National Guard.

The definition of “veteran” has been expanded to include an individual who served in the Armed Forces, reserves, or National Guard, whose discharge was due to a disability, and under conditions other than dishonorable. Those conditions include:

  • Honorable discharge;
  • General, under honorable conditions discharge; and
  • Discharge under other than dishonorable conditions for which the recipient is eligible for benefits provided by the U.S. Department of Veterans Affairs.

How is G&A Partners supporting you?

  • G&A Partners Human Resource professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to veterans' preference policies and procedures under the amended law.

What do I need to do?

  • Review and revise, if necessary, policies and procedures related to veterans’ preference policies and procedures under the amended law.

Compliance Poster Update - Workers' Compensation Notice

Effective October 12, 2022

The Pennsylvania Department of Labor & Industry has updated their Workers' Compensation notice. The updated notice has been reformatted with an updated revision date. The poster revision date is October 12, 2022.

Poster Update

Effective June 1, 2022

Pennsylvania has released a revised Minimum Wage Law Summary Notice. The revised notice updates the amounts to qualify as a tipped employee and the exemptions from minimum wage section has several updates.

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.

Rhode Island

Minimum Wage Updates

Effective January 1, 2023

Rhode Island: $13.00/hour

Expansion of Temporary Caregiver Benefits

Effective January 1, 2022

Rhode Island coverage under its Temporary Caregiver Insurance program from four to five weeks. The benefit will increase to six weeks on January 1, 2023.

Minimum Wage Change

Effective January 1, 2022

The minimum wage per hour for most employers increased to $12.25.

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

Minimum Wage Updates

Effective January 1, 2023

South Dakota: $10.80/hour

Compliance Poster Updates

Effective November 16, 2022

Minimum Wage
The South Dakota Department of Labor and Regulation has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $10.80/hour, effective January 1, 2023. The poster revision date is November 16, 2022.

Unemployment Insurance
The South Dakota Department of Labor and Regulation has updated their Unemployment Insurance notice. The updated notice reflects the addition of a 711 number for the hearing impaired and changes to the listed Job Service offices. The poster revision date is November 16, 2022.

Minimum Wage Changes

Effective January 1, 2022

The minimum wage per hour for most employers will increase to $9.95.

Effective January 1, 2021

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.

Tennessee

Tennessee Repeals Subminimum Wage for Persons with Disabilities

Effective July 1, 2022

Tennessee has removed the subminimum wage exception for persons with disabilities. A person with disability is one whose capacity is impaired by age, physical or mental deficiency, or injury. Employers must pay employees no less than the federal minimum wage ($7.25 per hour) starting July 1, 2022, regardless of the subminimum wage authorized by the Fair Labor Standards Act (FLSA). When federal and state laws differ, employers are required to apply the law that provides the greatest benefit to employees.

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

Compliance Poster Update - Workers' Compensation Ombudsman Program Notice

Effective September 28, 2022

The Texas Office of Injured Employee Counsel has updated their Workers' Compensation Ombudsman Program notice. The updated notice reflects a clarification that each Ombudsman has completed a comprehensive training program. The poster revision date is September 28, 2022.

Training Requirements for Hotel Employees

Effective January 1, 2022

Employees must complete an annual human trafficking awareness and prevention training program. The attorney general will publish a list of pre-approved training programs that satisfy the requirements under the law. The training may be completed in person or online.

Ban on Vaccine Mandates in Texas and Loosened Vaccine Exemptions

Effective October 11, 2021

This executive order prohibits any entity in Texas from requiring an individual, including an employee, to receive a COVID-19 vaccination if that individual objects "for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19." Violation of this executive order can result in a maximum fine of up to $1,000 per violation.

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.

Utah

Poster Update

Effective April 1, 2022

Utah has released a revised Unemployment Insurance Notice to Workers. The claims filing instructions and information have been updated, phone numbers have changed for several State Employment Centers, and the web address has changed to access the employer handbook.

Poster Update

Effective June 16, 2022

The Utah Labor Commission has updated their Unemployment Insurance notice. The updated notice reflects changes to the phone numbers and addresses of several state employment centers. The poster revision date is June 16, 2022.

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

Poster Updates

Effective January 1, 2023

The Vermont Department of Labor has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $13.18/hour, effective January 1, 2023. The poster revision date is November 22, 2022.

Minimum Wage Changes

Effective January 1, 2022

The minimum wage per hour for most employers is increasing to $12.55.

Effective January 1, 2021

The minimum wage per hour will increase to $11.75.

Compliance Poster Update

Effective January 1, 2023

Vermont has released the 2023 revised Minimum Wage Notice which becomes effective on January 1, 2023. The wage will increase from $12.55 per hour, up to $13.18 per hour. Also, the tipped minimum wage will increase to $6.59 per hour.

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.

Virginia

Poster Updates

Effective January 1, 2023

On January 1, 2023 the Virginia Minimum Wage will increase from $11.00 to $12.00 per hour and a new notice has been released reflecting these changes. Also, the Tipped Employees section of the notice has been expanded with details on payment of tipped employees.

Poster Updates

Effective July 1, 2022

VIRGINIA VOSHA NOTICE

Effective Date: September 2022

Virginia has released a revised Job Safety and Health Protection Notice (VOSHA). The revised notice contains increased penalties for private sector employers, optional penalties, daily penalties, and repeated offense penalties.

VIRGINIA SEIZURE FIRST AID NOTICE

Effective Date: July 1, 2022

Also in Virginia, employers with 25 or more employees are required to post the
Seizure First Aid Notice in an open and conspicuous area. As this is an urgent safety notice and should be displayed prominently in the workplace, it will be available as a stand-alone notice.

Family Leave Insurance

Effective July 1, 2022

The General Assembly of Virginia enacted an amendment to the Code of Virginia that establishes family leave insurance as a class of insurance. Family leave insurance may be voluntarily provided by an employer to its employees to provide wage replacement benefits for the employee’s income loss due to:

  • The birth or placement of a child (adoption or foster care)
  • The serious health condition of a family member
  • A family member who is a service member who is or has been called to active duty

Family members are defined in the Code of Virginia as:

  • The employee’s spouse or former spouse, regardless of whether residence is in the same home with the employee.
  • The employee’s parents, stepparents, children, stepchildren, brothers, sisters, grandparents, and grandchildren, regardless of whether residence is in the same home with the employee. The employee’s in-laws (mother- father-, sons-, daughters-, brothers-, or sisters-in-law) who reside in the same home with the employee.
  • Any individual who has a child in common with the employee, whether the person and the individual have been married or resided together at any time.
  • Any individual who cohabits or cohabited with the employee within the previous twelve months, and any children of either party currently residing in the same home with the employee.

Family leave insurance may be written as an amendment or included in an existing group disability income policy.

How is G&A Partners supporting you?

  • G&A Partners Human Resource professionals are available to assist you in reviewing and revising, if necessary, policies and procedures related to leave.

What do I need to do?

  • Please check with counsel or insurance broker to determine requirements under the law.

Minimum Wage Changes

Effective January 1, 2022

The minimum wage per hour for most employers is increasing to $11.

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.

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.

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.

Minimum Wage Updates

Effective January 1, 2023

Virginia: $12.00/hour

Washington

Poster Changes

Effective January 1, 2023

Washington State has released two revised notices for 2023. First, the Minimum Wage increases to $15.74 per hour on January 1, 2023 and this is reflected on the new minimum wage notice.

Second, the Paid Family and Medical Leave Notice has been revised with the partial wage replacement cap increased to $1,427 per week and the premium increased to 0.8% of the employee's wage.

Compliance Poster Update

Effective January 1, 2023

The Washington State Department of Labor & Industries has updated their Minimum Wage notice. The updated notice reflects an adjustment of the state minimum wage to $15.74/hour, effective January 1, 2023. The poster revision date is November 09, 2022.

Wage and Benefits Disclosure Law

Effective January 1, 2023

Washington state has amended its Equal Pay and Opportunities Act (EPOA) to require employers with 15 or more employees, regardless of location, to do the following:

Applicants for Employment

  • Include in position posting:
    • Wage scale/salary range
    • A general description of all the benefits and other compensation to be offered to the hired candidate.

Internal Transfers/Promotion

  • Provide the wage scale or salary range when requested.

The law defines “posting” as:

“…any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.”

Prohibition on Non-Disclosures

Effective June 6, 2022

Washington State has amended its law restricting the use of nondisclosure agreements preventing the disclosure of sexual harassment. The law now includes prohibitions of nondisclosure and nondisparagement provisions concerning illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.

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.

Update: Announced December 17, 2021, Washington State has delayed collecting for the Washington Care Fund, which was originally set to begin January 1, 2022. The Washington Care Fund is to set up a long-term care benefit program by implementing a mandatory 0.58 percent payroll deduction on employee wages to create a state trust fund.

Minimum Wage Changes

Effective January 1, 2022

The minimum wage per hour for most employers is increasing to $14.49.

Effective January 1, 2021

Salary Threshold Changes for Computer Professionals

Effective December 1, 2021

The salary requirement for computer professionals may be paid by the hour—$50.72 per hour—or a salary of at least $1,014.30 per week.

Final Rule Addressing Benefit Proration and Backdating for Paid Family

Effective December 1, 2021

This rule clarifies guidance related to prorating weekly paid family-leave benefits claims.

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.

Repeal of Subminimum Wage for Persons with Disabilities

Effective July 31, 2023

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

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.

Required Posters

Effective January 1, 2021

Minimum Wage Updates

Effective January 1, 2023

  • Washington: $15.74/hour
  • Seattle, Washington:
    • Employers with less than 500 employees and pays $2.19/hour toward medical benefits and/or employees earn $2.19/hour in tips: $16.50/hour
    • Employers with less than 500 employees and DOES NOT pay $2.19/hour toward medical benefits and/or employees earn $2.19/hour in tips: $18.69/hour

Washington, D.C.

Poster Updates

Effective January 1, 2023

The DC Equal Employment Opportunity Notice has been revised to add the new protected category Homeless Status. Second, the DC Family and Medical Leave Notice is revised to clarify that the law does not require employers to specifically pay for leave under DCFMLA, except that employees may use accrued leave and where applicable, for private sector, payment under the Universal Paid Leave Act, and for DC government employees, payment under the Paid Family Leave Act.

Human Rights Act Amendments

Effective October 1, 2022

The District of Columbia’s Human Rights Act has been amended to add homelessness as a protected class, prohibiting discrimination in employment based on housing status and clarifies protections against workplace harassment.

Workplace harassment under the Human Rights Act no longer must be “severe or pervasive. Therefore, individuals do not need to prove a pattern of discrimination or that discrimination has affected their work performance.

Compliance Poster Updates - Time off to Vote and Paid Family Leave Notice

Effective September 29, 2022

TIME OFF TO VOTE NOTICE

Effective Date: Sept. 29, 2022

The District of Columbia Board of Elections has updated their Time Off to Vote notice. The updated notice reflects employee rights regarding time off to vote in the November 8, 2022 general election. The poster revision date is September 29, 2022.


PAID FAMILY LEAVE NOTICE

Effective Date: Sept. 29, 2022

The District of Columbia has released an updated Paid Family Leave Notice. The revised notice includes expanded benefits including maximum weeks of leave allowed and maximum weekly benefit amounts. The D.C. poster is also updated with a revised Equal Employment Opportunity Human Rights Act Notice with additional protected categories of employees.

Poster Updates

Effective June 6, 2022

The District of Columbia Board of Elections has updated their Time Off to Vote notice. The updated notice reflects employee rights regarding time off to vote in the June 21, 2022 primary election. The poster revision date is June 6, 2022.

The District of Columbia Department of Employment Services has updated their Minimum Wage notice. The updated notice reflects an adjustment of the minimum wage rate to $16.10/hour for employees who do not receive gratuities and $5.35/hour for employees who do receive gratuities, effective July 1, 2022. The poster revision date is June 6, 2022.

Universal Paid Leave Law Expands Leave Duration Early

Effective July 1, 2022

The District of Columbia’s (the District) Universal Paid Leave Fund realized a surplus in its trust fund, resulting in an expansion in duration of leave beginning July 1, 2022.

Currently the law provides:

Beginning July 1, 2022, leave durations will increase to:

8 weeks of parental leave

12 workweeks of parental leave

6 workweeks of family leave

12 workweeks of family leave

6 workweeks of medical leave

12 workweeks of medical leave

2 workweeks of pre-natal leave

2 workweeks of pre-natal leave

Once the new leave limits are in effect, eligible employees will have up to 12 weeks of paid leave each year.

Additionally, in an effort to avoid a future surplus in this program, the District will also decrease the employer payroll tax from 0.62% to 0.26%, beginning July 1, 2022.

Compliance Poster Update

Effective January 14, 2022

The District of Columbia Office of Human Rights has updated their temporary “New COVID-19 Leave” notice under the DC Family and Medical Leave Act (DCFMLA). The updated notice reflects that employers must provide leave to employees who tested positive for COVID-19 or who are caring for a family member who tested positive for COVID-19 and must quarantine pursuant to Department of Health guidelines.

Bans Restrictive Covenants

Effective April 1, 2022

The Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) was signed by the Washington, D.C. Mayor on January 11, 2021, and becomes effective this coming April. The Act bans agreements and policies that contain noncompete provisions. The Act is not limited to low-wage workers and does not exempt highly paid employees or employees exempt from overtime under the Fair Labor Standards Act (FLSA).

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

Compliance Poster Update - Unemployment Insurance Benefits Notice

Effective October 11, 2022

The West Virginia Division of Labor has updated their Unemployment Insurance Benefits notice. The updated notice reflects the removal of wage class 384 from the benefit rate table. The maximum weekly benefit rate is wage class 383 with a weekly benefit amount of $630.00. The poster revision date is October 11, 2022.

Poster Update

Effective July 1, 2022

West Virginia has updated the Unemployment Insurance Notice. Revisions have been made to the benefits rate table regarding wage class, wages in base period, weekly benefit rates, and maximum benefit rates.

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).

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.