By creator to www.jdsupra.com
State and native governments are more and more regulating the office. Within the first and second quarters of 2020 alone, legislatures have been significantly energetic in passing legal guidelines addressing sexual harassment coaching, discrimination together with hair discrimination, prison background inquiries, wage historical past, and a wide range of unpaid and paid leaves. Though it’s not doable to debate all state and native legal guidelines, this replace supplies an summary of current and upcoming legislative developments that will help you and your group keep in compliance. (Please notice that developments particularly associated to COVID-19 aren’t included on this replace.)
Paid Household Go away: Efficient July 1, 2020, the utmost length of paid household depart insurance coverage advantages that an eligible worker might obtain throughout a 12-month interval will increase to eight weeks (beforehand six weeks).
Oakland Resort Employee Security Protections: Efficient July 1, 2020, poll Measure Z creates the Division of Office and Employment Requirements to implement these protections. Underneath Measure Z, resort employers with 50 or extra visitor rooms should present their workers with the next:
- Emergency contact units (“panic buttons”)
- Rights to report violent or threatening habits
- Restrictions on the utmost area to be cleaned
- Limitations on obligatory extra time
The measure additionally comprises retaliation and retention protections for resort workers and consists of discover and recordkeeping necessities.
Restraining Order: Efficient September 1, 2020, an employer, co-worker or faculty worker might file a court docket petition requesting a gun violence restraining order in opposition to an worker who poses a major hazard of inflicting private harm to others by having of their custody or management, proudly owning, buying, possessing or receiving a firearm.
Extra time and Minimal Pay: Efficient March 16, 2020, the Colorado Extra time and Minimal Pay Requirements (COMPS) Order #36, changing Minimal Wage Order #35, comprises wage and hour adjustments to incorporate:
- A rise in wage thresholds for exempt workers
- Expanded protection to just about all workers
- Modified relaxation interval necessities
- Expanded posting necessities that embrace including a duplicate of the COMPS Order or poster to a handbook or coverage for these employers that distribute a handbook or insurance policies to their staff
For extra info concerning this Order, please consult with our agency’s legal update on this Colorado COMPS Order.
As well as, non permanent amendments to the COMPS Order (set to run out July 14, 2020, however proposed to grow to be everlasting) embrace:
- Evaluation of joint employment underneath Colorado wage and hour legislation underneath the variations of the federal Truthful Labor Requirements Act (FLSA) and relevant FLSA rules that have been in impact as of Might 16, 2019 quite than the present FLSA rules.
- Discount of data required within the earnings statements supplied to workers every pay interval, particularly eliminating an worker’s tackle, occupation, date of rent, date of delivery (if the worker is underneath the age of 18) and day by day report of all hours labored.
- Requirement that employers present workers entry to required data of their day by day hours and a press release of their occupation by both every pay interval’s earnings statements (beforehand obligatory, however now optionally available), on-line entry to the knowledge (if the employer is aware of that the worker has an e mail tackle) or yearly by every January 31st, in addition to upon a request that an worker could make as soon as per 12 months.
Hair Discrimination: Efficient September 14, 2020, an modification to the Colorado Anti-Discrimination Act supplies that race discrimination consists of hair texture, hair kind, and protecting hairstyles comparable to braids, locs, twists, tight coils or curls, cornrows, bantu knots, Afros and headwraps which can be generally or traditionally related to race.
Sexual Harassment Coaching: By October 1, 2020, employers should present sexual harassment coaching as follows: For employers with three or extra workers, employers should present two hours of sexual harassment coaching to all workers. For employers with fewer than three workers, employers should present two hours of sexual harassment coaching to all supervisors.
New workers employed on or after October 1, 2019, should obtain coaching inside six months of their begin date. Nevertheless, employers might request a 90-day extension from the Connecticut Fee on Human Rights and Alternatives by explaining how present COVID-19 restrictions have prevented coaching.
If present workers have been supplied coaching after October 1, 2018, employers aren’t required to supply this coaching once more to such workers. Employers should present subsequent coaching at the very least as soon as each 10 years.
District of Columbia
Paid Go away Advantages: Efficient July 1, 2020, workers might entry paid depart advantages starting July 1, 2020. An worker might obtain as much as eight workweeks of advantages in a 52-workweek interval for the next qualifying occasions:
- Household depart, to supply care or companionship to a member of the family with a critical well being situation (as much as six workweeks in a 52-workweek interval)
- Medical depart, for the worker’s personal critical well being situation (as much as two workweeks in a 52-workweek interval)
- Parental depart, for the delivery of a kid, placement for adoption or foster care of a kid or placement of a kid for whom the worker legally assumes and discharges parental duty (as much as eight workweeks in a 52-workweek interval)
Pinellas County Wage Theft Discover: Efficient February 7, 2020, employers should present written discover to workers at time of rent and to all workers who work for the employer as of the date of the ordinance and sooner or later, containing:
- The speed or charges of pay and foundation thereof, whether or not paid by the hour, shift, day, week, wage, piece, fee or in any other case, together with any charges for extra time, as relevant
- Allowances, if any, claimed as a part of the minimal wage, together with meal or lodging allowances
- The common payday designated by the employer
- The identify of the employer, together with any “doing enterprise as” names utilized by the employer
- The bodily tackle of the employer’s important workplace or principal place of job, and a mailing tackle, if completely different
- The employer’s phone quantity
Employers should additionally present the written discover to an worker at any time when something within the unique written discover adjustments inside seven calendar days after the time of the adjustments.
Sexual Harassment Coaching: The Illinois Division of Human Rights has supplied readability on sexual harassment coaching necessities in steering it issued on January 31, 2020. The steering consists of clarifications that:
- Employers should prepare all workers in Illinois, together with short-term and part-time workers, and interns.
- Employers aren’t required to coach impartial contractors however are strongly suggested to coach impartial contractors who work on-site on the employer’s office or work together with the employer’s workers.
- Workers who carry out work or often work together with the employer’s workers in Illinois ought to be skilled, even when they’re primarily based in one other state.
Human Trafficking Coaching for Lodging Institutions: Efficient June 1, 2020, resorts, motels and on line casino resorts should present sure workers with coaching on the popularity of human trafficking and protocols for reporting noticed human trafficking to the suitable authorities. An employer might develop its personal coaching program or use that of a 3rd occasion that features the minimal necessities. As well as, the Division of Human Providers is anticipated to develop a coaching program to be used by employers by July 1, 2020.
Faculty Actions Go away: Efficient August 1, 2020, Illinois’ Faculty Visitation Rights Act (SVRA) is amended to cowl behavioral conferences or tutorial conferences (beforehand classroom actions) and prohibit employers from terminating an worker due to an absence that’s due solely to a cause protected by the SVRA.
Chicago Paid Sick Go away: Efficient July 1, 2020, Chicago’s Paid Sick Go away Ordinance applies to all employers with at the very least one lined worker, no matter whether or not the employer maintains a enterprise facility in Chicago or is topic to any Chicago enterprise license necessities (as beforehand required). As well as, people excluded from protection embrace outdoors salespersons, members of a spiritual company or group, sure college students, motor carriers and sure camp counselors.
Chicago Predictive Scheduling: Efficient July 1, 2020, the Chicago Truthful Workweek Ordinance requires sure employers in constructing providers, healthcare (efficient January 1, 2021 for safety-net hospitals), resorts, manufacturing, eating places, retail and warehouse providers to supply lined workers at the very least 10 days’ discover of their work schedules and predictability pay for sure adjustments to the schedule.
For extra info concerning this Chicago ordinance, please consult with our agency’s legal update. Please notice that current amendments to this ordinance permit for sure exceptions throughout a pandemic (together with the COVID-19 pandemic).
Microchip Implantation: Efficient July 1, 2020, employers are prohibited from requiring present and potential workers to bear microchip implantation as a situation of employment or receiving extra compensation or advantages. An employer might require present or potential workers to adjust to a court docket order directing them to obtain the implantation.
Noncompete Settlement: Efficient July 1, 2020, employers should embrace the next provisions in any non-compete settlement with a doctor:
- A clause requiring the employer to supply the doctor with a duplicate of any discover to sufferers concerning the doctor’s departure from the employer.
- An obligation on the employer to supply contact info for the doctor to inquiring sufferers.
- The power for the departed doctor to acquire medical data from the employer for sufferers who present authorization.
- The power of the doctor to buy-out the non-compete provision at an affordable value.
Waterloo Felony Background: Efficient July 1, 2020, employers can not inquire a couple of job applicant’s prison data on a job utility. As well as, employers with 15 or extra workers might not ask an applicant about earlier prison exercise earlier than making a conditional employment provide. Employers might talk about the prison report if voluntarily disclosed by the applicant throughout a job interview.
Subminimum Wage: Efficient June 16, 2020, employers might not pay lower than the minimal wage to an individual as a result of they’ve a psychological or bodily incapacity.
Felony Background: Efficient January 1, 2020, employers with 15 or extra full-time workers are prohibited from requiring candidates to reveal whether or not they have a prison report or have had prison accusations introduced in opposition to them earlier than the primary in-person interview and/or retaliating or discriminating in opposition to an applicant or worker for claiming a violation of the legislation.
Employers can inquire about an applicant’s prison background throughout the first in-person interview.
This legislation doesn’t prohibit employers from making an inquiry if required or expressly approved by federal or state legislation, nor does it apply to employers that present packages, providers, or direct care to minors or susceptible adults.
Sexual Harassment Settlement Reporting: On or earlier than July 1, 2020, Maryland employers with 50 or extra workers should report the next info to the Maryland Fee on Civil Rights:
- The variety of settlements made by or on behalf of the employer after an allegation of sexual harassment by an worker
- The variety of occasions the employer has paid a settlement to resolve a sexual harassment allegation in opposition to the identical worker over the previous 10 years of employment
- The variety of settlements made after an allegation of sexual harassment that included a provision requiring each events to maintain the phrases of the settlement confidential
A second report is due on or earlier than July 1, 2022.
Hair Discrimination: Efficient October 1, 2020, an modification to the Maryland Truthful Employment Practices Act supplies that race discrimination consists of discrimination primarily based on traits related to race, together with hair texture, Afro hairstyles, and protecting hairstyles comparable to braids, locs and twists.
Wage Historical past: Efficient October 1, 2020, employers should present job candidates with a wage vary for his or her potential place upon request. As well as, employers might not take adversarial motion in opposition to candidates for not offering a wage historical past or depend on an applicant’s wage historical past in contemplating the applicant for employment or in figuring out the applicant’s wages.
Nevertheless, after an preliminary provide of employment with a compensation provide has been made to an applicant, an employer might verify and depend on voluntarily supplied wage historical past to assist a wage provide greater than initially supplied, so long as the upper wage doesn’t create an illegal pay differential primarily based on intercourse or gender identification.
Wage Disclosure: Efficient October 1, 2020, employers might not take adversarial motion in opposition to workers for inquiring about their very own wages.
WARN: Efficient October 1, 2020, employers with 50 or extra workers are required to supply written discover at the very least 60 days previous to the relocation of part of an employer’s operation from one office to a different present or proposed website or the shutting down of a office or a portion of the operations of a office that reduces the variety of workers by at the very least 25 % or 15 workers, whichever is larger, over any three-month interval.
Employers should additionally present continuation of advantages to affected workers.
Paid Sick Go away: Efficient October 1, 2020, the definition of member of the family for paid sick depart functions has been expanded to incorporate a authorized ward of the worker, and a authorized guardian or ward of the worker’s partner.
Facial Recognition: Efficient October 1, 2020, an employer might not use a facial recognition service for the aim of making a facial template throughout a job applicant’s employment interview except the applicant supplies consent.
Worker Classification: A number of payments have been enacted that penalize employers for improperly misclassifying workers as impartial contractors and inform workers of their rights. Amongst these legal guidelines are:
- Efficient January 20, 2020, joint legal responsibility can be imposed for worker misclassification on labor contractors that present staff to an employer.
- Efficient January 20, 2020, New Jersey regulators might problem stop-work orders for violations of wage legal guidelines, together with misclassification, and will require monetary penalties for misclassification.
- Efficient January 20, 2020, the New Jersey Division of Labor and Workforce Improvement is permitted to publish an inventory of wage-law violators on its web site.
- Efficient April 1, 2020, employers are required to publish notices within the office to tell staff of their rights underneath the state’s classification legal guidelines.
Household Go away, Sick Go away and Non permanent Incapacity Advantages: Efficient March 25, 2020, New Jersey amended the New Jersey Earned Sick Go away Act, New Jersey Household Go away Act (NJFLA), and New Jersey Non permanent Incapacity Advantages Regulation, which incorporates New Jersey Household Go away Insurance coverage (FLI), with regard to go away and advantages for workers impacted by a state of emergency or a quarantine or isolation order attributable to a communicable illness by:
- Increasing the listing of qualifying causes to be used of paid sick depart.
- Increasing the qualifying causes for depart underneath the NJFLA, together with the necessity to care for a kid as a result of closure of the kid’s faculty or place of care attributable to a public well being emergency.
- Limiting the NJFLA’s key worker exemption.
- Increasing the eligible causes an worker might accumulate non permanent incapacity insurance coverage advantages (TDI).
- Eliminating the seven-day ready interval for gathering TDI for illness associated to an epidemic.
Efficient June 17, 2020, eligible workers who return to work on a decreased foundation whereas recovering from a incapacity can be paid a decreased quantity of non permanent incapacity advantages.
Efficient July 1, 2020, the utmost length for household depart insurance coverage advantages is 12 weeks (beforehand six weeks) or 56 days (beforehand 42 days) taken on an intermittent foundation. For non permanent incapacity insurance coverage and household depart insurance coverage advantages, an worker’s weekly profit charge is 85% (beforehand two-thirds) of the worker’s common weekly wage, as much as a most of 70% (beforehand 53%) of the state common weekly wage.
Pay Assertion: Efficient Might 20, 2020, employers with 10 or extra workers should embrace the next info on workers’ pay statements along with the already required deductions:
- Gross wages
- Internet wages
- Price of pay
- Variety of hours labored throughout the pay interval (if related to the wage calculation)
Employers are permitted to supply pay statements to workers electronically, except an worker requests statements in paper kind.
Organ and Bone Marrow Donation Go away: Efficient Might 20, 2020, New Jersey’s Non permanent Incapacity Advantages Regulation is expanded to supply job-protected depart to people who’re unable to work as a result of they’re donating an organ or bone marrow. For functions of donating an organ or bone marrow, the one-week ready interval for the fee of non permanent incapacity advantages is eradicated.
As well as, employers are eligible for a tax credit score in the event that they select to supply a paid depart of absence to workers for bone marrow or organ donation and if such time is along with another paid break day granted to the worker. The credit score is the same as 25% of the worker’s wage throughout the time missed from work, for as much as 30 days of missed work for every donation.
Nondisclosure Provisions: Efficient Might 20, 2020, employers can not require that an worker, as a time period of employment, signal a nondisclosure provision of a settlement settlement referring to a declare of sexual harassment, discrimination or retaliation within the office.
Confidentiality provisions in settlement agreements are permitted once they relate to the financial quantity of a settlement or, on the worker’s request, they prohibit disclosure of details that might result in the identification of the worker. Nevertheless, the existence of a confidentiality provision doesn’t prohibit the disclosure of data required for a judicial, administrative or different governmental continuing by subpoena or different relevant order required by legislation.
Being pregnant Lodging: Efficient Might 20, 2020, the New Mexico Human Rights Act requires lined employers to supply an affordable lodging for an worker or applicant arising from being pregnant, childbirth or a situation associated to being pregnant or childbirth, except doing so would create an undue hardship on the employer’s enterprise. Employers can not, nonetheless, require an worker to take paid or unpaid depart if one other cheap lodging might be supplied, except the worker voluntarily requests to be positioned on depart or the worker is positioned on depart pursuant to federal legislation.
As well as, the Act consists of being pregnant, childbirth or associated medical circumstances as a protected class.
Bernalillo County Paid Go away: Efficient July 1, 2020, employers with two or extra workers inside Bernalillo County should present paid depart to workers that can be utilized for any cause.
Workers accrue one hour of paid depart for each 32 hours labored, as much as 28 hours in a 12 months. As much as 28 hours of paid depart could also be utilized in a 12 months.
Employers should permit workers to hold over as much as 28 hours of unused accrued paid depart to the next 12 months.
Efficient July 1, 2021, employers with 11 or extra workers should present accrual and use of paid depart of as much as 44 hours in a 12 months.
Efficient July 1, 2022, employers with 35 or extra workers should present accrual and use of paid depart of as much as 56 hours in a 12 months.
Voting Go away: Efficient April 3, 2020, New York’s voting depart legislation is amended (reversing a lot of the amendments efficient April 12, 2019) to require an employer to supply as much as two hours of paid voting depart. The amendments additionally embrace including again the necessities that depart could also be taken by an worker with out enough time outdoors of working hours to vote and that workers should notify their employer at the very least two workdays (however no more than 10 workdays) earlier than election day of the necessity for break day to vote.
Wage Theft: Efficient June 23, 2020, amendments to the Wage Theft Prevention Act (WTPA) require employers who declare prevailing wage dietary supplements to supply workers with a wage charge discover on the time of rent that features:
- Hourly charge claimed
- Kind of complement, comparable to pension or well being care
- Names and addresses of the individual or entity offering the complement
- Settlement, if any, requiring or offering for such complement, along with info on how copies of such agreements or summaries could also be obtained by an worker.
Coated employers are additionally required to incorporate, on every worker’s wage assertion, the kind of every prevailing wage complement claimed and the hourly charge for every complement or be accompanied by a duplicate of the hiring discover containing that info.
Efficient October 1, 2020, house well being care employers in sure areas are required to incorporate the profit portion of the minimal charge of house care aide whole compensation on the house care employee’s wage charge discover on the time of rent and on the wage statements. The wage assertion should additionally embrace the kind of such advantages supplied and the identify and tackle of the individual or entity offering such advantages.
Tip Credit score Discount: Efficient June 30, 2020, the utmost tip credit score for staff lined by the Minimal Wage Order for Miscellaneous Industries and Occupations is decreased by 50% (and utterly eradicated on December 31, 2020).
Name Middle Jobs Discover Necessities: Efficient June 30, 2020, the New York Name Middle Jobs Act requires lined name heart employers to supply advance-notice of at the very least 100 days to the Labor Commissioner if the employer intends to relocate out of New York State, or scale back name quantity by at the very least 30% with the intent to relocate out of state. As well as, the act requires the Labor Commissioner to maintain an inventory of name heart employers which have relocated out of state, which can be out there on the New York State Division of Labor web site. Such relocations have an effect on the decision heart employers’ entry to state grants, tax advantages and procurement contracts.
Sexual Harassment Claims: Efficient August 12, 2020, the statute of limitations is prolonged from one 12 months to 3 years for workers to file sexual harassment complaints with the New York Division on Human Rights.
New York Metropolis Sexual Harassment Coaching: In New York Metropolis’s Fee on Human Rights steering concerning an modification to the New York Metropolis Human Rights Regulation (NYCHRL) efficient January 11, 2020, which expanded protections underneath the legislation to impartial contractors and freelancers, employers at the moment are required to supply sure impartial contractors and freelancers with sexual harassment prevention coaching in accordance with the NYCHRL. Just like workers and interns, impartial contractors should obtain this coaching in the event that they work for an employer of 15 or extra individuals, work greater than 80 hours in a calendar 12 months and work for at the very least 90 days.
Suffolk County Felony Background: Efficient August 25, 2020, employers with 15 or extra workers are prohibited from inquiring a couple of job applicant’s prior prison convictions throughout the utility course of or earlier than a primary interview.
The legislation permits employers to inquire about prior prison convictions when:
- The employer is hiring for licensed trades or professions (together with interns and apprentices) and asks candidates the identical questions requested by the commerce or skilled licensing physique in accordance with state legislation.
- Sure convictions underneath or violations of state or federal legislation prohibit employment in that place.
- The inquiries are approved by legislation.
The restrictions don’t apply to sure public employers, non-public faculties, and personal service suppliers of direct providers particular to the care or supervision of kids, younger adults, senior residents or the bodily or mentally disabled.
Paid Sick Go away: Efficient September 30, 2020, New York’s statewide paid sick depart legislation requires that employers with 100 or extra workers present as much as 56 hours of paid sick depart per 12 months and employers with fewer than 100 workers present as much as 40 hours of paid sick depart per 12 months, besides employers with fewer than 4 workers and a web earnings of lower than $1 million, whom can present sick depart as unpaid.
Workers accrue one hour of sick depart for each 30 hours labored starting September 30, 2020 or when employment begins, whichever is later. Employers aren’t required to permit use of sick depart till January 1, 2021.
Unused sick depart have to be carried over to the following calendar 12 months, however the employer might restrict the quantity of sick depart that could be utilized in a calendar 12 months to 40 hours (employers with fewer than 100 workers) and 56 hours (employers with 100 or extra workers).
Sick depart could also be used for the worker’s or worker’s member of the family’s psychological or bodily sickness, harm or well being situation; medical analysis, care or therapy; and preventive medical care. It can be used for an absence for numerous causes when the worker or worker’s member of the family has been the sufferer of home abuse, a household offense, sexual offense, stalking or human trafficking.
Toledo Hair Discrimination: Efficient January 10, 2020, Toledo prohibits discrimination primarily based on “pure hair sorts and hair kinds or head wraps generally related to race, tradition or faith,” together with Afros, braids, twists, cornrows and locs.
Toledo Wage Historical past: Efficient June 25, 2020, employers with at the very least 15 workers are prohibited from any of the next:
- Asking job candidates about wage historical past.
- Screening candidates primarily based on their present or prior wages, advantages, different compensation or wage histories.
- Counting on an applicant’s wage historical past in deciding whether or not to supply employment to the applicant or in figuring out the applicant’s wage, advantages or different compensation, together with the phrases of an employment contract.
- Refusing to rent or in any other case retaliate in opposition to an applicant who fails to reveal his or her wage historical past to a potential employer.
Nevertheless, employers might talk about wage and profit expectations with candidates.
Upon cheap request, an employer should present the relevant pay scale to candidates who’ve obtained a conditional job provide.
Scheduling Regulation: Efficient July 1, 2020, lined employers should publish the written work schedule at the very least 14 calendar days (beforehand seven calendar days) earlier than the primary day of the work schedule. Coated employers are retail, hospitality and meals providers institutions with 500 or extra workers worldwide, together with these which can be a part of a series.
Nondisclosure Settlement: Efficient October 1, 2020, employers are restricted from coming into into nondisclosure or nondisparagement agreements on the time of hiring and through settlement and severance negotiations that stops the worker from disclosing or discussing discrimination or sexual assault. Nevertheless, such provisions are permitted when an aggrieved worker voluntarily requests to signal a nondisclosure, nondisparagement or no-rehire settlement and can have seven days to revoke the settlement and/or if an employer makes an excellent religion dedication that an worker has engaged in discriminatory conduct prohibited by Oregon legislation, together with sexual assault.
Anti-Discrimination Coverage: Efficient October 1, 2020, employers are required to undertake an anti-discrimination coverage, make it out there to workers throughout the office, and supply a duplicate to new hires and to workers who make a criticism about prohibited discrimination or harassment. The coverage should embrace:
- A course of for workers to report prohibited conduct
- Identification of the individual(s) chargeable for receiving complaints, together with an alternate individual
- The five-year statute of limitation for bringing a declare of discrimination or sexual assault
- An announcement that the employer might not require or coerce workers to signal a nondisclosure or nondisparagement settlement, together with an outline of the that means of these phrases
- A proof that an aggrieved worker might voluntarily request to signal a nondisclosure, nondisparagement or no-rehire settlement and can have seven days to revoke the settlement
- An announcement advising employers and workers to doc incidents of illegal discrimination or sexual assault
The Oregon Bureau of Labor & Industries’ website comprises a mannequin coverage for employers to make use of.
Philadelphia Wage Historical past: Efficient February 6, 2020, an injunction was lifted that had blocked a part of a 2017 Philadelphia ordinance that might have prohibited employers from asking candidates about their wage historical past. As such, employers can not:
- Inquire a couple of potential worker’s wage historical past in writing or in any other case
- Require disclosure of a potential worker’s wage historical past
- Situation employment or consideration for an interview or employment on the disclosure of wage historical past
- Depend on a potential worker’s wage historical past from any present or former employer in wage determinations for that people at any stage throughout the employment course of, together with negotiating or drafting an employment contract, except the possible worker “knowingly and willingly” discloses that info
- Retaliate in opposition to a potential worker for failing to adjust to a wage historical past inquiry or opposing an illegal act underneath Philadelphia’s Truthful Practices Ordinance
Nevertheless, employers can take motion pursuant to federal, state or native legislation that particularly authorizes disclosure or verification of wage historical past for employment functions. Employers may also ask potential workers different questions related to setting a wage and relative to the place, to together with the applicant’s wage necessities or expectations, talent degree and expertise.
Discrimination: Efficient July 1, 2020, the South Dakota Human Rights Act is amended to supply discrimination protections to interns.
Dallas Paid Sick Go away: This ordinance that went into impact on August 1, 2019 for employers with greater than 5 workers, has been blocked efficient March 30, 2020 in a lawsuit contesting its legality.
Medical Marijuana: Efficient February 28, 2020, Utah has amended its medical marijuana legislation to incorporate that personal employers aren’t required to accommodate the usage of medical marijuana and are allowed to have insurance policies proscribing the usage of medical marijuana by candidates or workers.
Hair Discrimination: Efficient July 1, 2020, an modification to the Virginia Human Rights Act (VHRA) supplies that race discrimination consists of discrimination primarily based on traits traditionally related to race, together with hair texture, hair kind, and protecting hairstyles comparable to braids, locs and twists.
Being pregnant Discrimination and Lactation Lodging: Efficient July 1, 2020, employers with 5 or extra workers are prohibited from discriminating in opposition to workers primarily based on being pregnant, childbirth or associated circumstances, together with lactation. Employers should additionally present cheap lodging for workers which can be pregnant or have associated circumstances, together with offering lactation breaks.
A lined employer is required to conspicuously publish a discover and embrace info in an worker handbook concerning the prohibition in opposition to illegal discrimination and the appropriate to cheap lodging. This info have to be supplied to:
- All present workers by October 29, 2020
- New workers upon graduation of employment
- An worker who discloses their being pregnant, inside 10 days after disclosure to the employer
Discrimination Protections: Efficient July 1, 2020, the Virginia Values Act (VVA) amends the VHRA by:
- Extending discrimination protections to workers and candidates primarily based on sexual orientation, gender identification and veteran standing
- Increasing the definition of “employer” and lengthening legal responsibility underneath state legislation
- Increasing the listing of prohibited actions
- Detailing lawful employment practices
- Revising enforcement procedures
- Increasing harm provisions
Wage Assertion: Efficient January 1, 2020, employers should present a written assertion to workers every pay day that features:
- The employer’s identify and tackle
- Hours labored (Efficient July 1, 2020, that is solely required if worker is paid on the premise of  the variety of hours labored or  a wage that’s lower than the usual wage degree adopted by regulation of the Division of Labor pursuant to the FLSA. Beforehand, the Virginia Division of Labor and Trade (DOLI) acknowledged that enforcement of the hours labored requirement could be delayed till July 1, 2020 for salaried, piece work and different workers not historically paid on an hourly foundation.)
- Price of pay
- Gross wages
- Quantity and goal of any deductions
Beforehand, employers have been solely required to supply, on an worker’s request, a written assertion of gross wages and deductions.
Efficient July 1, 2020, the paystub should embrace enough info to allow the worker to find out how the gross and web pay have been calculated.
Wage Fee: Efficient July 1, 2020, workers have a proper to sue an employer in Virginia state court docket to recuperate unpaid wages. Workers might sue individually, collectively or in a collective motion. If the court docket finds that the employer knowingly and/or willfully did not pay the wages, damages could also be tripled and civil and/or prison penalties can also apply.
In investigating an worker’s criticism, if the DOLI has an affordable perception that the employer did not pay wages to different workers, the DOLI might develop its investigation.
Employers are prohibited from terminating or in any other case discriminating in opposition to an worker as a result of the worker has filed a criticism for nonpayment of wages, precipitated to be instituted any continuing underneath wage fee legal guidelines, or testified or is about to testify in a wage fee legislation continuing.
Wage Disclosure: Efficient July 1, 2020, employers are prohibited from discharging or retaliating in opposition to an worker for inquiring about, discussing with, or disclosing to a different worker any details about both the worker’s personal or one other worker’s wages or different compensation, or submitting a associated criticism with the Division of Labor.
Worker Classification: Efficient July 1, 2020, employers can not retaliate in opposition to workers or impartial contractors for reporting worker misclassification or as a result of an applicable authority requests or subpoenas them to take part in a associated investigation, listening to or inquiry.
As well as, a person not correctly categorized as an worker can sue their employer for failing to correctly classify them as an worker if the employer had information of their misclassification.
Whistleblower Safety: Efficient July 1, 2020, employers are prohibited from retaliating in opposition to an worker as a result of the worker:
- Stories a violation of any federal or state legislation or regulation to a supervisor, governmental physique or law-enforcement official
- Is requested by a governmental physique or law-enforcement official to take part in an investigation, listening to or inquiry
- Refuses to have interaction in a prison act or observe an employer’s order that violates any federal or state legislation or regulation
- Participates in an investigation into any alleged violation by the employer of federal or state legislation or regulation
Felony Background: Efficient July 1, 2020, employers are prohibited from requiring job candidates to reveal info regarding any arrest, prison cost or conviction for possession of marijuana. An applicant doesn’t must reply any questions on it or present such info given such data are not open for public inspection.
Noncompete Settlement: Efficient July 1, 2020, employers are prohibited from coming into into, imposing or threatening to implement a covenant to not compete in opposition to low-wage workers (i.e., workers who earn lower than the common weekly wage in Virginia).
Election Officer Go away: Efficient July 1, 2020, Virginia’s election officer depart legislation is expanded to guard native electoral board members and assistant common registrars (beforehand solely election officers). As well as, employers are prohibited from requiring an worker to make use of sick depart or trip time for an absence from work to serve at a polling place on Election Day or a gathering to find out election outcomes.
New-Rent Reporting: Efficient September 1, 2020, newly employed impartial contractors have to be reported in line with the identical necessities as newly employed workers in the event that they haven’t beforehand had a contract with an employer or have beforehand entered right into a contract with an employer and have obtained a fee primarily based on the contract after receiving no funds for at the very least 60 consecutive days.
Paid Household and Medical Go away: Efficient March 25, 2020, amendments to Washington’s paid household and medical depart develop the definition of a lined youngster and embrace definitions for informal labor, paid break day and supplemental advantages.
Efficient June 11, 2020, this paid household and medical depart is additional amended concerning ready intervals, supplemental profit funds, advantages disqualification, conditional waivers, voluntary plan premiums, and enforcement and penalties.
Hair Discrimination: Efficient June 11, 2020, an modification to the Washington Regulation In opposition to Discrimination (WLAD) supplies that race discrimination consists of discrimination primarily based on traits traditionally related or perceived to be related to race, together with hair texture and protecting hairstyles comparable to Afros, braids, locs and twists.
Immigrant Discrimination: Efficient June 11, 2020, the Washington Regulation In opposition to Discrimination is amended to ban discrimination primarily based on citizenship and immigration standing.
Being pregnant Discrimination: Efficient June 11, 2020, the time to file an administrative criticism with the Washington Human Rights Fee concerning being pregnant discrimination is prolonged from six months to 1 12 months.
Lactation Lodging: Efficient June 11, 2020, employers with 15 or extra workers might not require certification to assist the necessity for a lactation lodging.
Extra time Exemption: Efficient July 1, 2020, Washington’s extra time exemption rules are amended to boost the minimal wage ranges and simplify the duties check for many exempt workers to extra intently align with the Federal Labor Requirements Act (FLSA) duties exams. Efficient January 2021, Washington’s minimal wage will exceed the FLSA quantity by rising to roughly $827 per week (or $43,004 per 12 months for employers with 50 or fewer workers and to roughly $965 per week (or $50,180 per 12 months) for employers with greater than 50 workers.
Seattle Resort Worker Protections: Efficient July 1, 2020, Seattle’s 4 ordinances (collectively referred to as the Resort Worker Protections Ordinances) require resort employers to:
- Take sure steps to guard workers from violent or harassing conduct by company
- Restrict the workload to cut back frequency and prevalence accidents related to room cleansing
- Present elevated entry to medical care
- Take actions to cut back job insecurity
Seattle Paid Sick and Secure Time: Efficient March 18, 2020, amendments to Seattle’s Paid Sick and Secure Time (PSST) allow workers to make use of PSST when a member of the family’s faculty or place of care has been closed and/or when an worker’s place of job (for an employer with 250 or extra full-time equal workers) has decreased operations or closed for any well being or security cause.
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