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OFCCP Enters into MOU with the Council of State Administrators of Vocational Rehabilitation
Collaboration to improve enforcement and compliance assistance for Section 503
On September 11, 2020, the OFCCP signed...
Below you will find a compilation of employment
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Updated its new hire reporting requirement for employers to report all new hires, include recalled employees, to the AL Department of Labor. Failure to report new hires and recalled employees may result in a statutory penalty. [AL new-hire webpage]
Requires all employers to provide a notice to employees regarding unemployment benefits at the time of separation. [Emergency Rule 480-4-2-.19 Employer Responsibilities, Posters]
Expanded lactation accommodation requirements [AB 1976]
If an employer fails to pay the required fees and costs associated with arbitration, the employer is in material breach of the arbitration agreement and waives their right to arbitrate. [SB 707]
Expands the Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, (2) requires employers to serve petitions to compel arbitration on the Labor Commissioner, and (3) allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. [SB 1384]
Requires the boards of CA public corporations to include at least one “director from an underrepresented community” by the end of 2021, with heighten minimum requirements in future years. [AB 979]
Amends Penal Code relating to mandated reporters of child abuse. Adds a human resource employee and an adult whose duties require direct contact with and supervision of minors of a business with five or more employees that employs minors to the list of individuals who are mandated reporters. [AB 1963]
Employers with 100 or more employees will be required to submit a “pay data report” by no later than 3/31/2021 (and annually thereafter) to the Department of Fair Employment and Housing (DFEH). The report includes a breakdown of employee compensation in one of 11 pay bands used by the Bureau of Labor Statistics in its Occupational Employee Survey. The report mirrors the EEO-1 Component 2 that is no longer required by the federal government.[SB 973]
Restricts employers on inquiring about an applicant’s prior arrest and detention records and are limited to asking only about a relevant “particular conviction” for “conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law.” [SB 1412]
Settlement agreements cannot prevent disclosure of factual information related to sexual harassment or discrimination claims [SB 820]; expanded the scope of “privileged communications” to protect employees making sexual harassment allegations and to protect former employees when raising credible allegations. [AB 2770]
Gives employees a two-year extension (up to three years) to file Fair Employment and Housing Act (FEHA) claims. Employees will continue to have one year to file a lawsuit once receiving the notice of right-to-sue. [AB 9]
AB 1947 signed on 9/30/2020 extending the period to file a discrimination or retaliation complaint from 6 months to one year with the CA Division of Labor Standards Enforcement (DLSE).
Prohibits employers from discharging or stopping benefits of an employee for being a member of the military reserve or because of an ordered military duty or training. [SB 1500]
Prohibits employers from taking certain employment actions against an employee for refusing to work in some circumstances where there is a real or apparent safety hazard to the employee or other employees. Extends protection to include domestic work employees or employees that perform household services for an individual. Impact both individuals and businesses that employ domestic service workers. [Assembly Bill 2568]
Repeals California Family Rights Act (CFRA) and eliminates California New Parent Leave Act replacing the statutes with a new CFRA. Changes the threshold from 50 employees to five or more employees. Increases the risk that employers will have to provide 24 weeks of unpaid time off in 2021 compared to the current 12 weeks. [SB 1383]
Requires “a direct-to-consumer genetic testing” company, or any other company that collects, uses, maintains or discloses genetic data collected or derived from a ‘direct-to-consumer genetic testing’ product or service or directly provided by a consumer to: (1) provide consumer with clear and complete information about the company’s policies on collection, use, maintenance and disclosure of genetic data, and (2) obtain consumers’ express consent for collection, use and disclosure of the genetic data. [Genetic Information Privacy Act SB 980] If signed, effective 01/01/2021.
Changes obligations of harassment prevention training for minors working in the entertainment industry and their guardians. Compliments AB 3175 which amended labor code regarding sexual harassment prevention training requirements for age-eligible minors prior to the issuance of entertainment work permits. [AB 3369]
AB 2257 modifies AB 5 to limit the sizable impacts of AB 5 on the number of professions and industries by specifically excluding many from the analysis under the ABC test. AB 2257 does not make accommodations for certain transportation and technology companies that serve as an interchange to connect drivers to passengers. New professionals were also added as exemptions from the ABC test. Changes to AB 5 include exemptions for certain music industry workers, freelance writers and photographers.
Imposes further limitations on employers from discharging, discriminating or retaliating against an employee who is a victim of crime or abuse. Revised the categories of time off work to include taking time off to seek medical attention for injuries caused by crime or abuse, to obtain services from prescribed entities as a result of crime or abuse, to obtain psychological counseling or mental health services related to crime or abuse or to participate in safety planning. [AB 2992]
Expands the professional exemption to expressly include part-time or adjunct faculty at private, nonprofit colleges and universities. Identifies a two-part test to evaluate if an employee meets the professional exemption. [AB 736]
Cannabis companies with more than 100 employees must provide a retirement plan by 9/30/2020. Cannabis companies with more than 50 employees have a deadline of 6/30/2021; companies with five or more employees until 6/30/2022. Penalties up to $750 per eligible employee. [Cal. Code Regs. Title 10 § 10001]
If employees test positive for COVID-19 under specific circumstances, there is a rebuttable presumption that their exposure occurred at the workplace which creates a compensable injury for purposes of qualifying for workers’ compensation benefits. Creates reporting requirements for employers through 1/1/2023. [SB 1159]
Requires private employers with 500 or more employees nationwide to provide COVID-19-related supplemental paid sick leave to their California employees no later than 9/19/2020. Covers full and part-time employees who must leave their home to perform work are entitled to COVID-19 supplemental paid sick leave if they are unable to work (see bill for perimeters). Food service workers must be permitted to wash their hands every 30 minutes. Employers must update their wage statements to provide notice of the amount of paid sick leave available under this new law. A model [AB 1867, FAQs, Poster for Food Sector Workers, Poster for Non-Food Service Workers]
Requires employers to provide a location other than a bathroom to express milk. [AB 1976][AB 142]
Increases the length of paid family leave to eight weeks. [SB 83]
Expands the FEHA definition of “race” to include traits historically associated with race, including hair texture and hairstyles. Employers are prohibited from instituting workplace dress codes and/or grooming policies that prevent employees from wearing their hair in a natural manner. [SB 188]
Expands liability to cover all forms of harassment, rather than only sexual harassment. Prohibits, as a condition of employment, the employee to sign a nondisparagement agreement that purports to deny the employee’s right to disclose information about unlawful acts in the workplace. [SB 1300]
Extends harassment training requirements to smaller employers and nonsupervisory employees. Requires training by 1/1/20. [SB 1343] Blog
Requires hotels and motels to provide at least 20 minutes of human trafficking awareness training. Training must be conducted by 1/1/20 for certain employees and every two years thereafter. [SB 970] Certain businesses must post a compliant notice regarding human trafficking. [AB 2034]
Codifies the “ABC” test for determining contractor status. The conditions have been identified to determine if a worker meets the independent contractor status. [AB 5]
Employers can no longer require, as a condition of employment or continued employment, that an applicant or employee, waive any right, forum or procedure for alleged violation of the CA FEHA. Employees can voluntarily choose to enter into an arbitration agreement. [AB 51] Federal judge temporarily blocked implementation of AB 51 on 1/2/2020.
Amends the Family Temporary Disability Insurance Program to include time off for a servicemember to participate in a qualifying exigency related to a covered active duty. [SB 1123]
Prohibits confidentiality provisions in settlement agreements that would prevent disclosure of information related to claims of sexual assault, harassment, and discrimination. [SB 820]
Private employers with 15 or more employees must provide an employee who donates an organ is entitled to 30 business days of paid leave and up to five business days of paid leave for bone marrow donation in a one-year period. [AB 1223]
Extends the paid family leave benefits to eight weeks for claims starting on or after 7/1/2020. [SB-83]
Broadens the classes of individuals who may apply for a gun violence restraining order (GVRO) to include employers, and (under certain circumstances) coworkers and teachers. Coworkers must have had regular interactions with the person for at least one year and obtained approval from their employer. [AB 61]
Clarifies employers’ use and consideration of salary history [AB 2282]
Prohibits and invalidates provisions within settlement agreement which prohibit, prevent, or otherwise restrict a settling employee from working for the employer or any parent company, subsidiary, division, affiliate, or contractor of the employer. [AB 749]
An employer, co-worker, or school employee may file a court petition requesting a gun violence straining order against an employee who poses a significant danger of causing personal injury to others by having in their custody or control, owning, purchasing, possessing or receiving a firearm. [Gun Violence Restraining Orders]
After applying for CA paid family leave, employees can seek the SF paid parental leave benefits. Requires employers to pay “supplemental compensation” for the full period that a covered employee receives paid family leave to bond with a child. Extends to 8 weeks. [Article 33H]
Affects all private employers with 11 or more employees. No criminal history questions on initial job applications [HB 1025]
Aims to close the pay gap and ensure that employees with similar job duties are paid the same wage rate regardless of sex, or sex plus another protected status. Under the proposed Equal Pay Transparency rules, employers would have to include compensation range and available benefits in job postings, even for positions that will not be filled in the state. Will apply to any employers with or more employees in Colorado, regardless of where the employer is headquartered. [Equal Pay for Equal Work Act, Proposed Equal Pay Transparency Rules, Statement of Basis, Purpose, Specific Statutory Authority Findings]
Applies to all employers who must disclose in each posting for each job opening the hourly or salary compensation, or a range of the hourly pay or salary. Must also include a general description of all the benefits and other compensation to be offered. [Equal Pay for Equal Work Act]
Expands coverage to all private employers, unless exempt per rules 2.2-2.4. Increases protections for hourly employees, including rest period requirements and expansion of “time worked” criteria. Imposes a salary basis requirement for salaried workers to qualify as exempt. New posting, acknowledgement and translation requirements. [Colorado Overtime and Minimum Pay Standards Order 36]
Prohibits an employer from discriminating, retaliating, or taking adverse action against any worker who, during a public health emergency, raises “reasonable concerns, whether a formal complaint or informally to any person, about workplace violations of government health of safety rules, or about a significant workplace threat to health or safety.” [Public Health Emergency Whistleblower Law]
Expands the qualifying reasons for which workers may receive UI benefits, including where individuals separate from employment because: (1) the employer required the workers to work in an environment that does not comply with certain government guidelines for disease mitigation and workplace safety, (2) certain governmental orders have closed or modified the business, (3) the workers must care for a child enrolled in a school closed by a public health emergency or for a family or household member who is quarantined due to a public health emergency, and (4) the workers have separated from employment because they are immunocompromised and more susceptible to illness or disease during a public health emergency. (Colorado’s UI webpage]
Prohibits discrimination on the basis of gender identity, gender expression, ethnicity, citizenship, and immigration status; requires an employer to provide reasonable accommodations to an existing or prospective employee for pregnancy, childbirth or related medical conditions. [Anti-Discrimination Ordinance]
Provides that race discrimination includes hair texture, hair type, and protective hairstyles such as braids, locs, twists, tight coils or curls, cornrows, bantu knots, Afros and headwraps that are commonly associated with race. [Colorado Anti-Discrimination Act]
Requires all employers to provide three types of paid sick leave (CO-EPSL), (2) paid sick and safe time (PSST) and (3) public health emergency paid sick leave (PHEL). CO-ESPL is in effect upon the signing through 12/31/2020. The PSST will first apply to employers with 16 or more employees beginning 1/1/2021 and then apply to all employers on 1/1/2022. Employers must notify employees they are entitled to paid sick leave under the act. [SB20-205 – Healthy Families and Workplaces Act] Passed but waiting for signature.
Emergency provisions effective from 7/15/2020 to 12/31/2020
Sick leave provisions effective 1/1/2021
Employers are prohibited from inquiring about prospective employees’ wage or salary histories, unless the applicant voluntarily discloses the information [HB 5386]
All employers must provide two hours of sexual harassment prevention training to supervisors. Employers with three or more employees must provide the required training to all employees. Training must be conducted by 10/1/2020 and supplemental training must be provided at least every 10 years. Newly hired employees and supervisors must be trained within their first six months of employment. Extends the training deadline to 1/1/2021.
Employers with three or more employees must provide employees "a copy of the information concerning the illegality of sexual harassment" or provide a link to the Commissions website. [Time’s Up Act, CT Commission on Human Rights and Opportunities interactive online training]
Significant revisions clarify existing regulatory language, including (1) weekly tip credit attestation does not require an actual written signature by hand, (2) the duties “incidental to service” for which a tip credit may be taken have been clarified, (3) employers must pay full minimum wage for opening or closing sidework duties when the restaurant is closed to patrons, and (4) segregation of service from non-service work is required only if the employee spends more than 2 hours per day or 20% of their shift performing non-service work. [Revised Tip Credit Regulations]
Requires employers with 50+ employees to provide sexual harassment training to new employees within one year of hire, to existing employees within one years of the effective date of the act, and thereafter every two years. [HB 360]
Requires employers with 50+ employees to provide 60 days’ notice to employees impacted by mass layoffs, plant closings, or relocations causing employment loss. [HB 409]
Prohibits discrimination against employees on the basis that they or their family members are victims of domestic violence, sexual offenses, or stalking. Employers must make reasonable accommodations to ensure the employee’s (or family member’s) security and safety. [District of Columbia’s Human Rights Act]
Requires employers to provide at least two hours of paid leave for employees to vote in person. [Leave to Vote Amendment Act]
An employee may receive up to eight workweeks of benefits in a 52 workweek period for: (1) family leave to care for a family member with a serious health condition, (2) medical leave for the employee's own serious health condition, and (3) parental leave for the birth, placement for adoption or foster care of a child. [DC Paid Leave]
Requires certain employers to reduce the number of employees who commute into the city by private vehicle through the following measures: (1) providing mass transportation for employees directly, (2) giving employees a transit pass, (3) reimbursing employees for the purchase, maintenance and storage of a bicycle, or (4) employers can pay a $100 fee per employee per month or develop a transportation demand management plan. Covered employers include those who offer a “parking benefit” in D.C. to an employee. [D.C. Act 23-305 - Transportation Benefits Equity Amendment Act of 2020]
The law requires the mayor, within 120 days from the effective date of the law, to create a poster that briefly summarizes the rights that DC employees possess under 11 different statutes. The poster must be displayed in every break room and at every time clock. Employers who post the summary poster will not also have to comply with individual posting requirements. [DC posters]
Although passed in 2018, DC conditioned the law on adequate funding which was unavailable and therefore the law was not enforceable. The funding restriction was repealed on 8/31/2020 with the passage of Act 23-407. DC government must provide a sexual harassment prevention training course for employees of businesses with tipped employees. The training must be conducted within 90 days of hire unless the employee participated in training during the prior two years. Employers must submit a certificate to the DC Office of Human Rights that each employee has completed the training within 30 days after completion of the training. Requires every employer of a tipped employee to: (1) file with the Office of Human Rights a policy outlining how employees can report instances of sexual harassment to management and the DC government, (2) distribute the employer’s sexual harassment policy and post it in a conspicuous place, (3) document instances of sexual harassment complaints, and (4) annually report to the DC Office of Human Rights that number of instances of sexual harassment report to management and the total number of reported harassers who were non-managerial, managerial, owners or operators. [Tipped Wage Workers Fairness Amendment Act] Effective 60 days after congressional review.
Limits the time period by which an employee must file a lawsuit alleging a violation of the Florida Civil Rights Act when the Commission has failed to issue a determination on a charge of discrimination within 180 days of the complainant’s filing. Previously a complainant had up to four years to file a lawsuit. [HB 255]
Employers must provide written notice to employees at the time of hire and to all employees containing: (1) rate or rates of pay and whether paid by the hour, shift, day, week, etc., (2) allowances claimed as part of the minimum wage, (3) the regular payday, (4) the name of the employer, (5) the address of the employer's main office, and (6) the employer's telephone number. [Wage Theft Ordinance]
Requires employers to provide paid lactation breaks and private locations, other than a restroom, at the worksite where working mothers can express breast milk. Does not require employers to provide paid break time to an employee when they are working away from the employer’s worksite. [HB 1090 aka Charlotte’s Law]
Provides stronger penalties for individuals who target victims because of their actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability. Local law enforcement agencies are required to collect data on hate crime investigations and provide "Bias Crime Reports" to the GA Bureau of Investigation. [HB 426 GA Enhanced Penalties for Hate Crimes Act]
Prohibits employers from inquiring about an applicant’s salary history or relying on that information when determining starting compensation. [SB 2351]
Beginning no later than 12/31/2020, each publicly held domestic or foreign corporation whose principal executive office is located within the State shall have a minimum of one female director on its board. By 12/31/2022, if the number of directors is six or more, the corporation shall have at least three female directors; directors of five or more, the corporation shall have at least two female directors and where the number of directors is four or fewer, the corporation must have at least one female director. [HB 2720]
Prevents most private sector employers from considering conviction records within the last 10 years, but only convictions within 7 years for felony convictions, and 5 years for misdemeanor convictions, excluding period of incarceration. [SB 2193]
Employers are required to post the “Unemployment Insurance for Workers” poster at each work place to provide employees information about their benefit rights and how to file a claim for UI benefits. [Poster]
Employers can enforce “reasonable zero tolerance or drug free workplace policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner [Illinois Cannabis Regulation and Tax Act]
Hotels, motels, and casinos must provide certain employees with training on the recognition of human trafficking and protocols for reporting to the appropriate authorities. The Department of Human Services' training program is expected to be released on 7/1/2020. [Lodging Services Human Trafficking Recognition]
By 12/31/2020 publicly held domestic or foreign corporations hose principal executive offices are located in the State shall have a minimum of one female director and one African American director on its board of directors. [HB3394]
Clarifies the employer’s ability to conduct pre-employment and random drug tests and take action due to a failure of a drug test. Employers may also conduct reasonable-suspicion and post-accident tests. (SB 1557)
Requires companies, including cannabis companies, with more than 25 employees, that have been in business for at least two years, to offer a retirement plan to its employees. Enrollment of all sized companies has passed; however, it clarifies the coverage of cannabis companies. Penalties can run up to $500 per employee, per year. [820 ILCS 80/1 – Illinois Secure Choice Savings Program Act]
The Illinois’ School Visitation Right Acts (SVRA) is amended to cover behavioral meetings or academic meetings and prohibits employers from terminating an employee because of an absence that is due solely to a reason protected by the SVRA.
Prohibits employers from imposing conditions for military leave. Requires service members to give notice of pending service to employers. [SB 3547]
Employers must provide sexual harassment prevention training to all employees, including short-term, part-time, and interns by 12/31/2020 and annually thereafter. Employers must keep records (paper or electronic) of the training, including the date of the training, names of employees trained, the name of the facilitator, and copies of all training materials. The records must be provide to the IDHR on request. [Public Act 101-0221, Illinois Department of Human Rights Guidance, Model Training]
Requires employers who had an adverse judgment or administrative ruling concerning harassment or sexual harassment in the previous year to annually report data to the IDHR, including the number of adverse decisions [effective 7/1/2020]. Employers must conduct annual sexual harassment training. The first annual report to the IDHR of employers’ information about adverse judgments or administrative rulings against them in prior year is due 10/31/2020.
Prohibits employers from contractually restricting a prospective, current or former employee’s ability to report allegations of unlawful conduct, including discrimination, harassment, and retaliation, for investigation by authorities. Bars unilaterally requiring that a current or prospective employee waive, arbitrate, “or otherwise diminish” existing or future claims, rights, or benefits related to unlawful discrimination, harassment, or retaliation. [Workplace Transparency Act [Workplace Transparency Act – Public Act 101-0221 Reporting Guidance]
For every 40 hours work, covered employees must accrue one hour of paid sick leave. Covered employees must work at least 80 hours for an employer within any 120 day period and perform at least two hours of work in any particular two- week period. [Chicago Minimum Wage and Paid Sick Leave Ordinance]
Regulates the use of artificial intelligence to analyze and evaluate job applicants’ video interviews. Imposes duties of transparency, consent and data destruction [Artificial Intelligence Video Interview Act]
Requires employers: (1) to provide the locations where new employees will work and the estimated work schedule, (2) to maintain the confidentiality of employees who have identified themselves as victims of domestic violence or sexual violence and have requested to have their work schedules not to be shared with other employees, (3) to provide notice of an employee’s rights under the Ordinance, (4) to obtain the employee’s written consent during each work schedule change, and (5) to maintain electronic records demonstrating compliance. [Fair Workweek Ordinance]
Private lawsuits under the Ordinance may not be initiated until 1/1/2021.
Requires enforceable physician non-compete agreements to contain five provisions that the employer is required to provide the physician at the termination of their employment or at the end of the contract. [To be codified in part as Ind. Code § 25-22.5-5.5]
Employers are prohibited from requiring current and prospective employees to undergo microchip implantation as a condition of employment or receiving additional compensation or benefits. An employer may require employees to comply with a court order directing them to receive the implantation.
Employers, with at least 15 employees, will no longer be allowed to have a criminal history box on applications or inquire about criminal history before making a conditional offer of employment. Employers may only rescind a conditional offer of employment based on a criminal record if it has a legitimate business reason. [Ban the Box Ordinance]
Employers are required to inform employees about UI benefits if they become unemployer or experience a reduction in hours. [Notification]
Expands the state non-compete statute by permitting a corporation, partnership, or LLC to enter into agreements with their shareholders, partners, or members, that prevent them from becoming employees of a competing company under certain circumstances. [LA Revised Statute Section 23:921]
Requires employers to notify workers of the availability of UI benefits at the time of separation. Employers are also obligated to post a notice with information about filing a UI claim in places employees can access. Notification can be provided in writing, by letter, email, test message or in a flyer. [Emergency Rule, LA Workforce Commission (LWC) online filing and phone 866-783-5567]
Employers with 10 or more employees must provide an hour of sick leave for every 40 hours they work, up to a maximum of 40 hours of time off a year. Paid time could be used for illness or a family emergency. Employers with 5 or fewer employers must allow an employee to accrue and use at least 40 hours of unpaid earned sick leave per year.
Employers must post the Bureau of Labor Standard’s “Regulation of Employment” poster with a revision date of “09/20” at the bottom. [Act Authorizing Earned Employee Leave]
Employers may no longer pay less than minimum wage to a person because they have a mental or physical disability.
Employers with 10 or more employees must provide an hour of sick leave for every 40 hours they work, up to a maximum of 40 hours of time off a year. Paid time could be used for illness or a family emergency. Employers with 5 or fewer employers must allow an employee to accrue and use at least 40 hours of unpaid earned sick leave per year. [Act Authorizing Earned Employee Leave] Effective 10/1/2020 applicants may not be asked about their pay history on an application or during interviews or employees cannot rely on prior pay for making wage decisions unless the candidate decides to disclose their prior salary.
Expands the definition of family member for paid sick leave purposes to include legal ward of the employees, and a legal guardian or ward of the employee's spouse.
Employers may not take adverse action against employees for inquiring about their own wages.
Employers must provide job applicants with a wage range for their potential position upon request. Employers may not take adverse action against applicants for not providing a wage history or rely on an applicant's wage history for considering them for employment or determining wages.
Employers with 50 or more employees must report information to the MD Commission on Civil Rights on or before 7/1/2020 the following: (1) number of settlement made by or on behalf of the employer after an allegation of sexual harassment by an employee, (2) number of times the employer has paid a settlement to resolve a sexual harassment allegation against the same employee over the past 10 years, and (3) number of settlements made after an allegation of sexual harassment that included a provision requiring both parties to keep the terms of the settlement confidential. Second report is due on or before 7/1/2022. [Disclosing Sexual Harassment in the Workplace Act survey]
Massachusetts Commission Against Discrimination issued revisions to its procedural regulations. Allow employers to move for reconsideration of the Commission’s probably cause determination at any time prior to the certification conference. Grants the Commission the authority to conduct Commission-sponsored mediation overseen by the Investigating Commissioner. Expands the discovery mechanisms available to employees at the administrative level.
All private employers must provide covered individuals with paid family and medical leave. Proposed amendments provide new definitions of key terms, guidance on the requirements for private plan exemptions, and information relating to the application of benefits. [Draft revised Paid Family and Medical Leave regulations] [Final regulations]
Employers with five or more employees must provide employees one hour of sick and safe time if they spend more than 50% of their working time in the city’s geographical limits. The employer is not required to be physically located in the city. [Sick and Safe Time Ordinance]
Raises the standards for punitive damages in civil actions. Provides that punitive damages may be awarded only if the plaintiff proves by “clear and convincing evidence that the defendant intentionally harmed the plaintiff without just causes or acted with deliberate and flagrant disregard for the safety of others.” [S.B. 591]
Restricts private employers with 10 or more employees to base hiring or promotion decisions on an applicant’s criminal history. Violators can lose their business license. [Ban the Box Ordinance]
Employee will be required to implement certain measure to protect their employees from “heat-related illness” caused by heat stress. Regulations to be develop by 10/1/2022. [HB 722]
Restricts how much an employer (or prospective employer) can inquire about an employee’s or applicant’s wage history. Also, provides protections to employees who wish not to voluntarily reveal wage history. During the hiring process, if requested by an applicant, the employer must provide the wage range for the position. [HB123/SB217]
Restrictions on the use of artificial intelligence (AI) during the interview process. Employers are not permitted to use facial recognition technology for the purposes of creating a facial template during the interview process unless the applicant allow for it. [HB1202]
Broadens the scope of the definition of “race” to “include traits associated with race, including hair texture, afro hairstyles, and protective hairstyles” which include braids, twists and locks. [HB1444]
Amends the hate crime statute and drops the requirement of hate as a sole motive. Prosecutors will need to show a hate crime was “motivated either in whole or in substantial part by another person’s or group’s race, color, religious beliefs, sexual orientation, gender, disability, or national origin, or because another person or group is homeless.” [SB 606 and HB 917, Strategies for Responding to Hate Crimes and Bias Incidents]
Employers implementing “reduction in operations” must provide 60 days’ advance notice to employees and others, and also provide continuation of health, pension, severance and/or other benefits. Obligations triggered by the closure of all or a portion of the operations affecting as few as 15 employees, as well as by relocations of operations. [HB1018/SB780]
Amends the Wage Payment and Collection Law by increasing the maximum amount of unpaid wages – from $3,000 to $5,000 – claimed by an employee for which the MD DOL may issue a complaint to an employer. [Maryland Wage Protection Act]
By 12/31/2022 all nonprofit, privately held, and publicly traded institutions and companies doing business in the State must have a minimum of 30% of women directors and measure their progress toward a goal of equal representation of men and women in leadership positions on an annual basis. [SB 911]
Extends the reporting period from 30 to 45 days to an employee who suffered a hernia due to a workplace accident, or whose existing hernia was exacerbated by a workplace accident. Creates an exception to the 60-day filing deadline for a compensation claim whereby an employee may still be able to obtain benefits if they file the claim within two years of the date of the injury unless the employer or its insurer has been prejudiced by the employee’s failure to report the injury sooner. [SB784]
Beginning no later than 1/1/2021, each publicly held domestic or foreign corporation whose principal executive office is located within the State shall have a minimum of one female director on its board. By 1/1/2023, if the number of directors is six or more, the corporation shall have at least three female directors; directors of five or more, the corporation shall have at least two female directors and where the number of directors is four or fewer, the corporation must have at least one female director. [SB No. 115]
Employers must provide employees with a notice of their rights to file for UI benefits. [Notice]
Prohibits employers from declining to hire a prospective employee based on pre- employment marijuana drug tests. [AB 132]
Employers with 50 or more employees must provide paid leave to their full-time or part-time employees in proportion to the number of hours worked. [SB 312]
Cannot screen a job applicant based on their salary history including prior wages or benefits or require the applicant’s salary history to satisfy minimum or maximum criteria. [NJ A1094]
Provides employment protections for authorized users of medical cannabis [Compassionate Use of Medical Cannabis Act]
Amends the Wage Payment Law and requires employers with 10 or more employees to include the following information on employees' pay statements in addition to the already required deductions: (1) gross wages, (2) net wages, (3) rate of pay, and (4) number of hours worked during the pay period, if relevant to the wage calculation. [Wage Payment Law]
Requires employers to issue Form BC-10 “Instructions for Claiming Unemployment Benefits” to all employees separated for seven days or more.
NJ's Temporary Disability Benefits Law is expanded to provide job protected leave to individuals who are unable to work because they are donating an organ or bone marrow.
Renders unenforceable nondisclosure provisions in settlement agreements that resolve discrimination-related claims. Bars enforcement of arbitration agreements. [SB 121]
By 12/31/2019, each publicly held domestic or foreign corporation whose principal executive office is located within the State shall have a minimum of one female director on its board. By 12/31/2021, if the number of directors is six or more, the corporation shall have at least three female directors; directors of five or more, the corporation shall have at least two female directors and where the number of directors is four or fewer, the corporation must have at least one female director. [SB No. 3469]
Expands paid family leave benefits to 12 weeks and intermittent leave to 56 days. Prohibits employers from discharging, harassing, discriminating or retaliation against an employee for requesting or use family leave benefits. [NJ Family Leave Act]
Defines discrimination due to race as including discrimination based upon “traits historically associated with race, including, but not limited to, hair texture, hair type, and protective hairstyles” such as braids, locks and twists. [Create a Respectful and Open Workplace for Natural Hair Act]
Amends the state’s “ABC test” for independent contractor status; prohibit NJ companies from utilizing independent contractor workforces. [SB S863]
Requires businesses to post notices regarding employee misclassification “in a form issued by the Commissioner.” Prohibits retaliation against any employee for complaining about, filing an action regarding, or testifying in a proceeding about, worker misclassification. [A5843] NJ Department of Labor and Workforce Development published the required postings in two sizes (11 x 17 and 8.5 x 11). Employers must conspicuously post the document “in a place or places accessible to all employees in each of the employer’s workplaces.” Employers failed to display poster may be found guilty of disorderly persons offense and subject to fines between $100 and $1000.
Commissioner of Labor and Workforce Development has the authority to issue a stop-work order against an employer where any wage, benefit or employment tax law violation was found. [AB 5838]
State can impose financial penalties for misclassification. [A. 5839]
Joint liability can be imposed on labor contractors that provide misclassified workers to an employer. [A. 5840]
State has the authority to “name and shame” businesses that misclassify workers; employers will be prohibited from contracting with any public agency while their name remains on the list. [S. 4226]
Gives the State Treasure permission to share tax data with the Department of Labor and Workforce Development for a more efficient system of enforcing misclassification laws. [S. 42329]
Expands the Wage Theft Act and imposes liability on owners, directors, officers, and managers who violate NJ wage or tax laws, on behalf of an employer or a staff agency. (AB 5840]
Expands employers’ advance notice and severance pay obligation. Triggered by a termination of 50 employees, regardless of tenure or hours of work, aggregating all terminations across NJ. Notice period increases to 90 days and mandates severance pay of one week for each year of employment. If full notice is not given, severance increases by four weeks of pay. [SB 3170] Amendments include: (1) no longer site-specific, (2) WARN notice now required upon termination of 50 or more employees “at or reporting to the establishment,” (3) disasters and national emergencies excluded, (4) requires employers to provide at least 90 days of advance notice to affected employees, (5) employers must now pay affected employees one week’s severance pay for each full year of employment by the next regular payday, and (6) employers cannot obtain a waiver of any severance payments without approval by the Commissioner of the DOL or court. [SB 3170]
Prohibits private employers from inquiring about an applicant’s arrest or conviction history on an initial employment application. Employers may inquire and consider an applicant’s criminal history after reviewing the application and discussing employment with the applicant. [Criminal Offender Employment Act]
Amends the NM Human Rights Act to require covered employers to provide a reasonable accommodation for an employee or applicant arising from pregnancy, childbirth, unless it creates an undue hardship. Cannot require an employment to take paid or unpaid leave if another reasonable accommodation can be provided, unless the employee voluntarily requires to be placed on leave. The Act also includes pregnancy, childbirth and related medical conditions as a protected class.
Limits the use of nondisclosure agreements in sexual misconduct cases. Restricts the use of confidentiality provisions in settlement agreements involving harassment, discrimination and retaliation claims. [H.B. 21]
Covered employers must permit employees to accrue a minimum of one hour of earned paid time off for every 32 hours worked or choose to use a frontload method and provide for accrual of all earned paid time off at the beginning of the year. Leave must be provided for any reason. Time off increases in 7/1/2020. [Employee Wellness Act]
Amended the county Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity.” The law prohibits discrimination based on gender and “group identity.”
Prohibits discrimination on the basis of gender identity or expression in housing, employment and public accommodations. Model Sexual Harassment Policy for NY employers issued in October 2018 includes harassment on the basis of gender expression, gender identity and the status of being transgender. [Gender Expression Non-Discrimination Act]
The statute of limitations is extended from one year to three years for employees to file sexual harassment complaints with the NY Division on Human Rights.
Amendment to the NY Healthcare Whistleblower law, which adds a new type of "protected activity" to the list of complaints covered by law, to include complaints about "improper quality of workplace safety."
The NY Call Center Jobs Act requires covered center employers to provide advance-notice of at least 100 days to the Labor Commissioner if the employers intend to relocate out of state.
Requires each corporation authorized to do business in NY file a biennial statement disclosing the total number of directors and total number of female directors on its board. [Section 408 of the NY Business Corporation Law]
All employers will be required to provide employees with either 40 or 56 hours of sick leave in each calendar year, depending on the size and net income of the employer. Employees may begin using their accrued sick leave on 1/1/2021. Employers with at least 100 employers in any calendar year but provide at least 56 hours of paid sick leave. Employers with between five to 99 employees in a calendar year must provide at least 40 yours of leave. Employers with four or fewer employees and a net income of greater than $1 million in the previous tax year must provide employees at least 40 hours of paid sick leave. Employers with four or fewer employees and a net income of $1 million or less must provide at least 40 hours of unpaid sick leave. Sick leave must be compensated at the employee’s regular rate of pay or minimum wage, whichever is greater. [FY 2021 state budget]
Requires all private New York City employers with 15 or more employees to conduct annual anti-sexual harassment training. [NYC Int. 0632-2018]
Prohibits all public and private employers from asking prospective or current employees about their salary history or compensation. Prohibits businesses from seeking similar information from other sources. [SB S6549]
Forbids discrimination based on an employee’s “reproductive health decision making.” Employers must update their employee handbooks to ban discrimination and retaliation based on an employee’s or dependent’s reproductive health decision making. [NY Labor Law Section 203-e]
Employers with four or more employees must provide a lactation room accommodations for breastfeeding individuals [No. 879-A] Requires covered employers to implement written lactation room accommodation policies to be distributed to all employees [No. 905-A]
Prohibits employers, labor organizations, and employment agencies from pre-employment drug testing for marijuana and THC as a condition of employment. Provisions of the law do not apply to people applying to work in the following positions: (1) law enforcement, (2) certain construction jobs, (3) jobs requiring a commercial driver’s license, (4) jobs requiring supervision of care of children, medical patients or vulnerable persons, and (5) jobs with the “potential to significantly impact the health and safety of employees or members of the public.” [Int. 1445-A]
NY City's Commission on Human Rights guidance regarding an amendment to the city's Human Rights Law which expands protections under the law to independent contractors and freelancers. Employers are not required to provide these groups with sexual harassment prevention training. Similar to employees and interns, independent contractors must receive this training if they work for an employer of 15 or more people, work more than 80 hours in a calendar year and work for at least 90 days. [FAQs]
Employers must give a notice of unemployment eligibility to workers separated from employment as a result of COVID-19 related reductions. Employees must be informed that: (1) UI benefits are available to workers who are unemployed and meet the state’s eligibility requirements, (2) they may file a claim in the first week that employment stops or work hours are reduce-d, (3) they may file claims online or by calling 888-737-0259, and (4) they must provide the Department of Employment Security (DES) with their full name, SSN, and authorization to work, and (5) they may contact DES for assistance. [Emergency rule]
Addresses temporary total compensation, safety violations, state fund settlements and court appeals. New statutory language precludes payment of temporary and permanent total compensation where the economic loss is the direct result of reasons unrelated to the injury. New law shortens the time during which an inactive claim remains open for payments by moving the claim lapse date from the date of the last payment of medical services back to the date the services were rendered. [Am. Sub. H.B. 81]
Prohibits discrimination based on "natural hair types and hair styles or head wraps commonly associated with race, culture, or religion." [City Ordinance O-541-19]
Employers with at least 15 employees are prohibited from: (1) asking job applicants about salary history, (2) screening applicants based on their current or prior wages, benefits, other compensation, (3) relying on an applicant's salary history in deciding on employment or salary determination, and (4) refusing to hire or otherwise retaliate against an applicant who fails to disclose his or her salary history. [City Ordinance O-173-19]
Prohibits employers from engaging in certain employment practices with applicants or employees that hold medical marijuana licenses [AB2612 - OK Medical Marijuana and Patient Protection Act]
Prohibits pay discrimination on the basis of protected class, as well as screening job applicants based on current or past compensation. New posting requirements. [Equal Pay Act]
Applies to employers with six or more employees and outlines specific accommodations employers must provide and actions that may not take. Also, requires new notice requirements. [HB 2341]
Employers are restricted from entering into nondisclosure or non-disparagement agreements at the time of hiring and during settlement and severance negotiations that prevents the employee from disclosing or discussing discrimination or sexual assault. [ORS 659A.370]
Retail, hospitality and food service employers with 500 or more employees worldwide must post the written work schedule at least 14 calendar days before the first day of the work schedule. [Predictive scheduling law]
Applies to employers with 25 or more employees and provides an undue hardship exemption from lactation break requirements. Also provides flexibility as to frequency and length of breaks. [HB 2593]
For discrimination and harassment settlements, employees may not be required to disclose alleged conduct or disparage employers or alleged perpetrators. Employees cannot force no-rehire provisions as a term of settlement. Increases statute of limitations for lawsuits involving workplace misconduct from one year to five years. [SB 726 Workplace Fairness Act]
Requires companies and individuals who employ domestic workers to provide them with written employment contracts, meal and rest breaks, and paid and unpaid leave. Domestic workers is someone who: (1) cares for a child, serves as a companion or caretaker for the sick, elderly or person with a disability, (3) does housekeeping or house cleaning, (4) cooks, (5) provides food or butler service, (6) parks cars, (7) cleans laundry, (8) gardens, (9) does personal organizing and (10) other performs other domestic services. [Domestic Worker Bill of Rights]
Prohibits employers that employ individuals in the City from asking applicants about their salary history or to rely on an applicants’ wage history to determine wages for the job for which the applicant applied. Shortly after passing, the Chamber of Commerce sued alleging that it violated the employer’s First Amendment rights. The District Court agreed with the Chamber; however, on appear the Third Circuit unanimously held for the City. [Wage Equity Ordinance] Beginning 9/1/2020 the Philadelphia Commission on Human Relations will be enforcing a previously-enjoined provision, known as the “Inquiry Provision” of the city’s Wage Equity Ordinance. This provision prohibits employers from asking about an applicant or employee’s wage history or using the information to set wages.
After an extended legal battle, effective 3/15/2020 employers with 15 or more employees will have to provide up to 40 hours of paid sick time per year while effective 3/15/2021 employers with fewer than 15 employees must provide up to 24 hours of unpaid sick time. Paid sick leave to be used for the employee’s care or for their family member’s illness or injury, or in the event of certain specified public health emergencies. [Paid Sick Days Act]
Regulations are to establish the organization and functioning of the Equal Pay Program to encourage gender pay equity. Program is voluntary for employers the legislature is considering amendments to require all employers to conduct a self-assessment of their business for compliance. [Act No. 16 - Puerto Rico’s Equal Pay Act]
An amendment was added to the Working Mothers Act which extends adoption leave benefits to five weeks of paid leave to female employees adopting minors six years old or older. Leave begins the date the child is received in the family.
Prohibits abusive conduct against employees that affects worker performance, alters workplace peace, and threatens the dignity of employees. The Act provides a non-exhaustive list of conduct that can be considered workplace harassment. Employers must adopt and implement internal rules and policies to eliminate or reduce the occurrence of harassment, establish the procedure to investigate claims, and impose sanctions against those who violate the policies. [HB 306 Act to Prohibit and Prevent Workplace Harassment]
Private employers with contracts or vending relationships with the City are limited from the use of criminal background checks and are banned from inquiring about salary history on job applications. [Conviction and Wage History Prohibition in City Employment and by City Contractors and City Vendors]
Prohibits employers from discriminating against employees who choose to express breast milk in the workplace. Employers must: (1) take steps to provide a designated area, near the workplace, in which employees can express breast milk in privacy and (2) provide a reasonable amount of unpaid break time for lactation. [HR 3200 SC Lactation Support Act]
Employers will be required to provide a notification to employees who have separated from employment informing them that: (1) UI benefits are available to workers who are unemployed and meet eligibility laws; (2) they may file a UI claim if they are separated from employment or their hours have been reduced; (3) they need to provide the Department of Employment and Workforce (DEW) with their full legal name, SSN, and authorization to work if they are not a US citizen or resident in order to process their claims; and (4) they can visit the DEW website or call 866-831-1724 for assistance. Notice can be provided in-person, via mail, through email or text message.
The SD Human Rights Act is amended to provide discrimination protections to interns.
Requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth or related medical conditions, unless it imposes an undue hardship. [SB 2520 - Pregnant Workers Fairness Act]
Amends and clarifies provisions of the medical cannabis laws; private employers are not required to accommodate the use of medical cannabis and have policies restricting the use of medical cannabis by applicants and employees. [SB 121]
Amended its medical marijuana law to include that private employers are not required to accommodate the use of medical marijuana and are allowed to have policies restricting the use of medical marijuana by applicants or employees. [H.B. 3001 Utah Medical Cannabis Act]
May not require job applicants or current employees to execute nondisclosure agreements that would conceal the details of any “sexual assault” claim an employee may have against the employer. [VA Coe §40.1-28.01]
Employers are prohibited from requiring job applicants to disclose information concerning any arrest, criminal charge or conviction for possession of marijuana. An applicant does not have to answer any questions or disclose information related to past criminal charges for such possession. [HB 972/SB 2]
Newly hired independent contractors must be reported according to the same requirements as newly hired employees if they have not previously had a contract with an employer or have previously entered into a contract with an employer and have received a payment based on a contract after receiving no payments for at least 60 consecutive days. [FAQs]
Employers will need to comply with the Emergency Standard and may have to revise policies and procedures for dealing with their workforce as soon as possible or potentially face VA Department of Labor & Industry (VDOLI) enforcement actions. Within 60 days of enactment, employers will have to train their employees on infectious disease preparedness and response plans.
Once an initial claim for benefits has been filed, an employer will have 30 days following the receipt of an order from the VA Workers’ Compensation Commission to respond to the claim. Employer must elaborate on its response if it intends to deny the claim or if it cannot yet determine whether to accept or deny the claim. Failure to file a timely response may result in a $500 civil penalty for each failure up to $5,000 if willful. [Virginia code §65.2-601.2]
Amends the VA HRA to prohibit discrimination on the basis of hairstyles or “because of or on the basis of traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks and twists.” (HB 1514)
Requires employers to provide detailed paystubs, either in electronic format or hard copy, to all of their employees on each regular pay date. It must show: (1) employee’s name and address, (2) hours they worked during the pay period, (3) rate of pay, (4) gross wages that they earned during the pay period, and (5) the amount and purpose of any deductions taken from the employee’s wages during the pay period. Not being enforced until 7/1/2020. [Wage Payment Act]
Creates private cause of action for employees who are victim of wage theft when an employer fails to fully compensate their employees for all hours worked. Employers who knowingly fail to comply will also be subjected to liquidated damages or up to trip the amount of unpaid wages. [HB 123] Holds general contractors liable for subcontractors’ violations if they knew or should have known that the subcontractor was not paying employees properly.
Decriminalizes simple marijuana possession and prohibits employers, including state agencies and state and local governments) from requiring applicants to disclose information related to past criminal charges for such possession. Gives applicants a statutory right not to disclose such information to their prospective employers. Restrict employers’ questions during the interview process. Prohibits educational institutions from demanding the same information from applicants for admission. [HB 972/SB 2]
Allows employers that are experiencing a slowdown in business to save jobs by reducing the number of hours their employees work instead of laying off a portion of those employees. In exchange, employees whose hours have been reduced can recover prorated unemployment benefits tied to the amount of their reduced hours. [Work share program]
Employers may not enter into, enforce, or threaten to enforce a covenant not to compete against a low-wage employee. A low-wage worker is an individual whose average weekly earnings for the 52 weeks prior to termination are less than the average weekly wage in the state. On 7/1/2020, the threshold will be $1,137 per week. [SB 480]
Prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. Does not apply to “employees who have access to the compensation information of other employees or applicants…as part of their essential job functions.” Civil penalty of up to $100 per violation against an employer who violates the law.
Entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Includes notice duties.
Effective 3/25/2020 amendments expand the definition of a covered child and include definitions for casual labor, paid time off and supplemental benefits. Effective 6/11/2020, further amendments regarding waiting periods, supplemental benefit payments, benefits disqualification, conditional waivers, voluntary plan premiums, and enforcement and penalties. [Paid Family and Medical Leave links: https://esd.wa.gov/paid-family-medical-leave and https://paidleave.wa.gov/]
Amends the Washington Sales Representative Act and requires employers of wholesale sales representatives (reps) to enter employment contracts with those sales reps who earn commissions for soliciting orders for wholesale purchases. Issued to address instances in which wholesale sales reps were not paid commissions for sales they had made before separation from employment. [HB2474]
Amends discrimination law to define “service animal” and create a maximum penalty of $500 for misrepresenting an animal as a service animal. [HB 2822]
Medical facilities must prevent and track workplace violence, covering any physical assault or verbal threat of physical assault against an employee. Hospitals must have a committee to address violence, develop and implement a plan and provide violence prevention training. New law implementation guide. [HB 1931]
Amends the Washington Business Corporation Act (WBCA) that requires public companies to either have a “gender-diverse board” by 1/1/2022 or comply with new board diversity disclosure requirements. [SB 6037]
Amends Washington Law Against Discrimination to include a definition of "race" as being "inclusive of traits historically associated or perceived to be associated with race including, but not limited to, such hairstyles as afros, braids, locks, and twists." [HB 2602]
Washington Law Against Discrimination is amended to prohibit discrimination based on citizenship and immigration status.
Employers with 15 or more employees may no longer require certification to support the need for a lactation accommodation.
The time to file an administrative complaint with the WA Human Rights Commission regarding pregnancy discrimination is extended from six months to one year.
Hotel Employee Protections Ordinances requires hotel employers to: (1) take certain steps to protect employees from violent or harassing conduct by guests, (2) limit the workload to reduce frequency and occurrence injuries associated with room cleaning, (3) provide increased access to medical care, and (4) take actions to reduce job insecurity.
Amends Seattle's Paid Sick and Safe Time (PSST) to permit employees to use PSST when a family member's school or place of care has been closed and/or when an employee's place of business (for an employer with 250 or more FTE employees) has reduced operations or closed for any health or safety reason.
Unemployment claims filed for weeks after 3/12/2020 and before 12/31/2020 will not be charged to the employer’s UI accounts. For claims filed between 5/16/2020 and 6/30/2020 employees must filed form UCB-18823-E by 8/15/2020. For initial UI claims that are “related to” COVID-19 and filed after 7/1/2020, employers have 30 days from the date the claim is filed to submit the form. [Act 185]
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