Alabama employers will be required to follow standards for the creation of non-disparagement agreements.

Alabama requires employers to allow religious exemptions to any vaccination mandate.

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

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 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 per hour will increase to $10.34.

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.

Flagstaff, Arizona: $16.80/hour

Tucson, Arizona: $13.85/hour

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.

The minimum wage per hour increased to $12.80.

Minimum wage per hour will increase to $12.15.

• 2021 Minimum Wage Compliance Poster for Arizona [English] [Spanish]

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.

Arizona employers will be prohibited from discriminating against women on the basis of pregnancy or childbirth-related medical conditions.

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

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.

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.

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.

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.

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.

Arkansas passed a law concerning multiple employer welfare agreements.

This law provides that direct sellers are considered independent contractors.

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

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.

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.

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 per hour will increase to $11.00.

• Minimum Wage Compliance Poster for Arkansas

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.

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.

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

“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.

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.

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.

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).

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.

• 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.

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.

For California employers with more than 50 employees...

For California employers with more than 100 employees...

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.

• 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.

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

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.

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.

This amendment permits the use of CFRA leave to care for a parent-in-law.

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.

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.

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.

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).

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.”

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.

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.

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."

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.

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.

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 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.

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."

All California employers are not allowed to round to the nearest time increment for meal periods.

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.

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.

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

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

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.

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

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.

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.

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.

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.

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.

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

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.

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

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.

• Family Care and Medical Leave and Pregnancy Disability Leave Notice
• Your Rights and Obligations as a Pregnant Employee Notice
• COVID-19 Supplemental Paid Sick Leave

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.

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.

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.

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.

Colorado: $13.65/hour

• Denver: $17.29/hour

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.

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.

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.

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.

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 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.

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).

• 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.

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.

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.

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.

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

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

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.

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.

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.

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

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.

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

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

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 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.

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.

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.

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.

• Discrimination in Employment
• Discrimination in Housing
• Discrimination in Public Accommodations
• Colorado Overtime & Minimum Pay Standards Order #3

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.

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.

The minimum wage per hour will increase to $14.

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.

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

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.

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

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

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

This law prohibits discrimination based on expunged criminal history records.

The minimum wage per hour increased to $13.

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.

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.

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

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

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.

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.

Connecticut: $15.00/hour

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.

The subminimum wage for persons with disabilities will be repealed.

The minimum wage per hour increases to $10.50.

The training minimum wage and youth minimum wage will be removed.

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

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

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.

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.

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.

The minimum wage per hour will increase to $11.

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.

The minimum wage per hour will increase to $8.65.

This law provides that a business may not require individuals to provide any documentation certifying COVID-19 vaccination or post-infection recovery.

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.

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.

• 2021 Minimum Wage Compliance Poster for Florida

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

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

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

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

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.

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

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

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.

• Wage and Hour Laws Notice to Employees Poster

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

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 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

The minimum wage per hour will increase to $12.

• Updated required notice - Your Rights Under Illinois Employment Laws

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.

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.

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.”

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.

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

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

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.

This Illinois law prohibits discrimination based on prior conviction records.

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

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.

• Illinois Minimum Wage Poster

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

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.

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

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.

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

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.

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.

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

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

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.

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

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.

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.

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.

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.

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.

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

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

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.

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.

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

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 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.

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.

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

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

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

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.

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.

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

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.

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.

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.

The minimum wage per hour will increase to $12.75.

The minimum wage per hour will increase to $12.15.

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

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

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

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.

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.

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.

The Maine Apprenticeship Program must comply with EEO standards.

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

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

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

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

• Minimum Wage Notice
• Regulations of Employment

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.

• 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

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.

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.

• 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.

The minimum wage per hour will increase to $11.75.

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.

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.

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.

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.

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.

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

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.

• Equal Pay for Equal Work Poster

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.

Massachusetts: $15.00/hour

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.

The minimum wage per hour will increase to $14.25.

The minimum wage per hour will increase to $13.50.

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.

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.

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.

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

• Paid Family and Medical Leave Poster

Michigan: $10.10/hour

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.

The minimum wage per hour increased to $9.87.

The minimum wage per hour will increase to $9.65.

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:

• Minimum Wage Poster
• Unemployment Compensation
• Child Labor Laws
• Paid Medical Leave Act

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.

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.

• Paid Family and Medical Leave Notice

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:
  
  • 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

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.

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.

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.

• 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.

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

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.

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.

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 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.

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

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

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 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.

Missouri: $12.00/hour

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

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.

The minimum wage per hour will increase to $11.15.

The minimum wage per hour will increase to $10.30.

The executive order bans vaccine mandates when people refuse the coronavirus vaccination for religious or medical reasons.

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.

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.

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: $9.95/hour

The minimum wage per hour will increase to $9.20.

The minimum wage per hour will increase to $8.75.

• Minimum Wage Notice Poster

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.

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.

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.

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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

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

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

Requires that an owner of a place of public accommodation with a single-stall restroom must meet certain requirements.

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

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

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

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

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

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 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.

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

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.

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.

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.

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.

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.

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

• 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.

The minimum wage per hour will increase to $12.

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.

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.

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.

New Jersey employers are prohibited from requiring an applicant to disclose marijuana-related convictions.

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

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.

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

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

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.

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

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

• New Mexico Minimum Wage Poster

The minimum wage per hour will increase to $10.50.

• New Mexico Minimum Wage Poster

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.

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.

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

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

New York: $14.20/hour

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.

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.

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.

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.

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.

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.

• 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.

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

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

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.

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.

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

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.

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.

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.

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.

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

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.

• Equal Pay Provisions Notice
• Minimum Wage Notice
• Safe and Sick Leave

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.

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.

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.

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.

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.

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

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

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.

“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.

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

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

• Minimum Wage Notice Poster

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 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.

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

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.

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.

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.

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.

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.

• 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.

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

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.

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

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.

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

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.

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.

• 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.
    

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

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."

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 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.

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.

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.

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

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: $13.00/hour

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.

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

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 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: $10.80/hour

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.

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

The minimum wage per hour will increase to $9.45; $4.725 for tipped employees.

• Minimum Wage Notice Poster

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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).

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 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.

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.

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.

• Unemployment Insurance Notice

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.)

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.

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

• Vermont Minimum Wage Notice

The minimum wage per hour will increase to $11.75.

• Minimum Wage Notice Poster

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.

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.

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.

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.

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.

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

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.

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.

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

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

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.

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 a person's military status will be prohibited.

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.

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.

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.

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.

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.

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.

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.

• Job Safety & Health Protection Notice
• Covenants Not to Compete
• Pregnancy Accommodations

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.

Virginia: $12.00/hour

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.

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.

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.”

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.

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.

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

The minimum wage per hour will increase to $13.69; $15.75 for Washington-Seattle.

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.

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

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.

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.

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

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.

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.

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

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.

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

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.

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.

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

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.

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.

• Your Rights as a Worker
• Minimum Wage Notice

• 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

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.

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.

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.

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.

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.

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.

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.

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).

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

The minimum wage per hour will increase to $15.20.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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

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.