By writer to www.lexology.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 lively in passing legal guidelines addressing sexual harassment coaching, discrimination together with hair discrimination, prison background inquiries, wage historical past, and quite a lot of unpaid and paid leaves. Though it’s not potential to debate all state and native legal guidelines, this replace supplies an summary of current and upcoming legislative developments that can assist you and your group keep in compliance. (Please be aware that developments particularly associated to COVID-19 will not be included on this replace.)
Paid Household Depart: Efficient July 1, 2020, the utmost period of paid household go away 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 gadgets (“panic buttons”)
- Rights to report violent or threatening habits
- Restrictions on the utmost house to be cleaned
- Limitations on necessary extra time
The measure additionally incorporates retaliation and retention protections for resort workers and contains discover and recordkeeping necessities.
Restraining Order: Efficient September 1, 2020, an employer, co-worker or faculty worker might file a courtroom petition requesting a gun violence restraining order towards 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.
Additional time and Minimal Pay: Efficient March 16, 2020, the Colorado Additional time and Minimal Pay Requirements (COMPS) Order #36, changing Minimal Wage Order #35, incorporates wage and hour modifications to incorporate:
- A rise in wage thresholds for exempt workers
- Expanded protection to almost all workers
- Modified relaxation interval necessities
- Expanded posting necessities that embody 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 employees
For extra data relating to this Order, please discuss with our agency’s legal update on this Colorado COMPS Order.
As well as, momentary amendments to the COMPS Order (set to run out July 14, 2020, however proposed to develop into everlasting) embody:
- Evaluation of joint employment below Colorado wage and hour regulation below the variations of the federal Honest Labor Requirements Act (FLSA) and relevant FLSA laws that have been in impact as of Could 16, 2019 slightly than the present FLSA laws.
- Discount of knowledge required within the earnings statements supplied to workers every pay interval, particularly eliminating an worker’s tackle, occupation, date of rent, date of beginning (if the worker is below the age of 18) and every day document of all hours labored.
- Requirement that employers present workers entry to required information of their every day hours and an announcement of their occupation by both every pay interval’s earnings statements (beforehand necessary, however now non-compulsory), 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 yr.
Hair Discrimination: Efficient September 14, 2020, an modification to the Colorado Anti-Discrimination Act supplies that race discrimination contains hair texture, hair kind, and protecting hairstyles akin to braids, locs, twists, tight coils or curls, cornrows, bantu knots, Afros and headwraps which are 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 will not be 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 Depart Advantages: Efficient July 1, 2020, workers might entry paid go away 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 go away, to supply care or companionship to a member of the family with a severe well being situation (as much as six workweeks in a 52-workweek interval)
- Medical go away, for the worker’s personal severe well being situation (as much as two workweeks in a 52-workweek interval)
- Parental go away, for the beginning 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 accountability (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 title of the employer, together with any “doing enterprise as” names utilized by the employer
- The bodily tackle of the employer’s essential workplace or principal office, and a mailing tackle, if completely different
- The employer’s phone quantity
Employers should additionally present the written discover to an worker every time something within the unique written discover modifications inside seven calendar days after the time of the modifications.
Sexual Harassment Coaching: The Illinois Division of Human Rights has supplied readability on sexual harassment coaching necessities in steerage it issued on January 31, 2020. The steerage contains clarifications that:
- Employers should prepare all workers in Illinois, together with short-term and part-time workers, and interns.
- Employers will not be 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 frequently work together with the employer’s workers in Illinois ought to be educated, even when they’re primarily based in one other state.
Human Trafficking Coaching for Lodging Institutions: Efficient June 1, 2020, lodges, motels and on line casino lodges 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 get together that features the minimal necessities. As well as, the Division of Human Companies is predicted to develop a coaching program to be used by employers by July 1, 2020.
College Actions Depart: Efficient August 1, 2020, Illinois’ College 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 purpose protected by the SVRA.
Chicago Paid Sick Depart: Efficient July 1, 2020, Chicago’s Paid Sick Depart 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 embody outdoors salespersons, members of a non secular company or group, sure college students, motor carriers and sure camp counselors.
Chicago Predictive Scheduling: Efficient July 1, 2020, the Chicago Honest Workweek Ordinance requires sure employers in constructing providers, healthcare (efficient January 1, 2021 for safety-net hospitals), lodges, 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 modifications to the schedule.
For extra data relating to this Chicago ordinance, please discuss with our agency’s legal update. Please be aware 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 endure microchip implantation as a situation of employment or receiving further compensation or advantages. An employer might require present or potential workers to adjust to a courtroom order directing them to obtain the implantation.
Noncompete Settlement: Efficient July 1, 2020, employers should embody 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 relating to the doctor’s departure from the employer.
- An obligation on the employer to supply contact data for the doctor to inquiring sufferers.
- The flexibility for the departed doctor to acquire medical information from the employer for sufferers who present authorization.
- The flexibility of the doctor to buy-out the non-compete provision at an inexpensive worth.
Waterloo Felony Background: Efficient July 1, 2020, employers can’t inquire a couple of job applicant’s prison information on a job software. As well as, employers with 15 or extra workers might not ask an applicant about earlier prison exercise earlier than making a conditional employment supply. Employers might focus on the prison document if voluntarily disclosed by the applicant throughout a job interview.
Subminimum Wage: Efficient June 16, 2020, employers might now 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 document or have had prison accusations introduced towards them earlier than the primary in-person interview and/or retaliating or discriminating towards an applicant or worker for claiming a violation of the regulation.
Employers can inquire about an applicant’s prison background throughout the first in-person interview.
This regulation doesn’t prohibit employers from making an inquiry if required or expressly approved by federal or state regulation, nor does it apply to employers that present applications, 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 data 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 towards 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 Honest Employment Practices Act supplies that race discrimination contains discrimination primarily based on traits related to race, together with hair texture, Afro hairstyles, and protecting hairstyles akin 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 towards 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 supply of employment with a compensation supply has been made to an applicant, an employer might affirm and depend on voluntarily supplied wage historical past to assist a wage supply greater than initially provided, so long as the upper wage doesn’t create an illegal pay differential primarily based on intercourse or gender id.
Wage Disclosure: Efficient October 1, 2020, employers might not take adversarial motion towards 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 p.c or 15 workers, whichever is larger, over any three-month interval.
Employers should additionally present continuation of advantages to affected workers.
Paid Sick Depart: Efficient October 1, 2020, the definition of member of the family for paid sick go away 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 until 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 will likely be imposed for worker misclassification on labor contractors that present employees to an employer.
- Efficient January 20, 2020, New Jersey regulators might concern stop-work orders for violations of wage legal guidelines, together with misclassification, and should require monetary penalties for misclassification.
- Efficient January 20, 2020, the New Jersey Division of Labor and Workforce Improvement is permitted to submit an inventory of wage-law violators on its web site.
- Efficient April 1, 2020, employers are required to submit notices within the office to tell employees of their rights below the state’s classification legal guidelines.
Household Depart, Sick Depart and Momentary Incapacity Advantages: Efficient March 25, 2020, New Jersey amended the New Jersey Earned Sick Depart Act, New Jersey Household Depart Act (NJFLA), and New Jersey Momentary Incapacity Advantages Legislation, which incorporates New Jersey Household Depart 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 checklist of qualifying causes to be used of paid sick go away.
- Increasing the qualifying causes for go away below 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 acquire momentary incapacity insurance coverage advantages (TDI).
- Eliminating the seven-day ready interval for amassing TDI for illness associated to an epidemic.
Efficient June 17, 2020, eligible workers who return to work on a lowered foundation whereas recovering from a incapacity will likely be paid a lowered quantity of momentary incapacity advantages.
Efficient July 1, 2020, the utmost period for household go away insurance coverage advantages is 12 weeks (beforehand six weeks) or 56 days (beforehand 42 days) taken on an intermittent foundation. For momentary incapacity insurance coverage and household go away insurance coverage advantages, an worker’s weekly profit price 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 Could 20, 2020, employers with 10 or extra workers should embody the next data on workers’ pay statements along with the already required deductions:
- Gross wages
- Internet wages
- Charge 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, until an worker requests statements in paper kind.
Organ and Bone Marrow Donation Depart: Efficient Could 20, 2020, New Jersey’s Momentary Incapacity Advantages Legislation is expanded to supply job-protected go away 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 momentary 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 go away of absence to workers for bone marrow or organ donation and if such time is along with another paid time without work 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 Could 20, 2020, employers can’t 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 after they relate to the financial quantity of a settlement or, on the worker’s request, they prohibit disclosure of info that might result in the identification of the worker. Nevertheless, the existence of a confidentiality provision doesn’t prohibit the disclosure of knowledge required for a judicial, administrative or different governmental continuing by subpoena or different relevant order required by regulation.
Being pregnant Lodging: Efficient Could 20, 2020, the New Mexico Human Rights Act requires lined employers to supply an inexpensive lodging for an worker or applicant arising from being pregnant, childbirth or a situation associated to being pregnant or childbirth, until doing so would create an undue hardship on the employer’s enterprise. Employers can’t, nonetheless, require an worker to take paid or unpaid go away if one other affordable lodging will be supplied, until the worker voluntarily requests to be positioned on go away or the worker is positioned on go away pursuant to federal regulation.
As well as, the Act contains being pregnant, childbirth or associated medical situations as a protected class.
Bernalillo County Paid Depart: Efficient July 1, 2020, employers with two or extra workers inside Bernalillo County should present paid go away to workers that can be utilized for any purpose.
Workers accrue one hour of paid go away for each 32 hours labored, as much as 28 hours in a yr. As much as 28 hours of paid go away could also be utilized in a yr.
Employers should permit workers to hold over as much as 28 hours of unused accrued paid go away to the next yr.
Efficient July 1, 2021, employers with 11 or extra workers should present accrual and use of paid go away of as much as 44 hours in a yr.
Efficient July 1, 2022, employers with 35 or extra workers should present accrual and use of paid go away of as much as 56 hours in a yr.
Voting Depart: Efficient April 3, 2020, New York’s voting go away regulation is amended (reversing many of the amendments efficient April 12, 2019) to require an employer to supply as much as two hours of paid voting go away. The amendments additionally embody including again the necessities that go away 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 time without work 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 price discover on the time of rent that features:
- Hourly price claimed
- Kind of complement, akin to pension or well being care
- Names and addresses of the particular person or entity offering the complement
- Settlement, if any, requiring or offering for such complement, along with data on how copies of such agreements or summaries could also be obtained by an worker.
Lined employers are additionally required to incorporate, on every worker’s wage assertion, the kind of every prevailing wage complement claimed and the hourly price for every complement or be accompanied by a duplicate of the hiring discover containing that data.
Efficient October 1, 2020, house well being care employers in sure places are required to incorporate the profit portion of the minimal price of house care aide complete compensation on the house care employee’s wage price discover on the time of rent and on the wage statements. The wage assertion should additionally embody the kind of such advantages supplied and the title and tackle of the particular person or entity offering such advantages.
Tip Credit score Discount: Efficient June 30, 2020, the utmost tip credit score for employees lined by the Minimal Wage Order for Miscellaneous Industries and Occupations is lowered by 50% (and fully eradicated on December 31, 2020).
Name Heart Jobs Discover Necessities: Efficient June 30, 2020, the New York Name Heart 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 cut 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 will likely be obtainable 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 yr to a few 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 steerage relating to an modification to the New York Metropolis Human Rights Legislation (NYCHRL) efficient January 11, 2020, which expanded protections below the regulation to impartial contractors and freelancers, employers are actually 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 folks, work greater than 80 hours in a calendar yr 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 software course of or earlier than a primary interview.
The regulation 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 regulation.
- Sure convictions below or violations of state or federal regulation prohibit employment in that place.
- The inquiries are approved by regulation.
The restrictions don’t apply to sure public employers, personal faculties, and personal service suppliers of direct providers particular to the care or supervision of youngsters, younger adults, senior residents or the bodily or mentally disabled.
Paid Sick Depart: Efficient September 30, 2020, New York’s statewide paid sick go away regulation requires that employers with 100 or extra workers present as much as 56 hours of paid sick go away per yr and employers with fewer than 100 workers present as much as 40 hours of paid sick go away per yr, besides employers with fewer than 4 workers and a web earnings of lower than $1 million, whom can present sick go away as unpaid.
Workers accrue one hour of sick go away for each 30 hours labored starting September 30, 2020 or when employment begins, whichever is later. Employers will not be required to permit use of sick go away till January 1, 2021.
Unused sick go away should be carried over to the following calendar yr, however the employer might restrict the quantity of sick go away that could be utilized in a calendar yr to 40 hours (employers with fewer than 100 workers) and 56 hours (employers with 100 or extra workers).
Sick go away 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 prognosis, care or remedy; and preventive medical care. It will also 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 varieties 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 towards an applicant who fails to reveal his or her wage historical past to a potential employer.
Nevertheless, employers might focus on wage and profit expectations with candidates.
Upon affordable request, an employer should present the relevant pay scale to candidates who’ve obtained a conditional job supply.
Scheduling Legislation: Efficient July 1, 2020, lined employers should submit the written work schedule at the very least 14 calendar days (beforehand seven calendar days) earlier than the primary day of the work schedule. Lined employers are retail, hospitality and meals providers institutions with 500 or extra workers worldwide, together with these which are 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 forestalls 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 may have seven days to revoke the settlement and/or if an employer makes a very good religion willpower that an worker has engaged in discriminatory conduct prohibited by Oregon regulation, together with sexual assault.
Anti-Discrimination Coverage: Efficient October 1, 2020, employers are required to undertake an anti-discrimination coverage, make it obtainable to workers inside the office, and supply a duplicate to new hires and to workers who make a grievance about prohibited discrimination or harassment. The coverage should embody:
- A course of for workers to report prohibited conduct
- Identification of the particular person(s) liable for receiving complaints, together with an alternate particular person
- 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
- An evidence that an aggrieved worker might voluntarily request to signal a nondisclosure, nondisparagement or no-rehire settlement and may 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 incorporates 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’t:
- 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, until the potential worker “knowingly and willingly” discloses that data
- Retaliate towards a potential worker for failing to adjust to a wage historical past inquiry or opposing an illegal act below Philadelphia’s Honest Practices Ordinance
Nevertheless, employers can take motion pursuant to federal, state or native regulation that particularly authorizes disclosure or verification of wage historical past for employment functions. Employers may 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, ability 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 Depart: 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 regulation to incorporate that non-public employers will not be 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 contains discrimination primarily based on traits traditionally related to race, together with hair texture, hair kind, and protecting hairstyles akin 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 towards workers primarily based on being pregnant, childbirth or associated situations, together with lactation. Employers should additionally present affordable lodging for workers which are pregnant or have associated situations, together with offering lactation breaks.
A lined employer is required to conspicuously submit a discover and embody data in an worker handbook relating to the prohibition towards illegal discrimination and the appropriate to affordable lodging. This data should 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 id and veteran standing
- Increasing the definition of “employer” and lengthening legal responsibility below state regulation
- Increasing the checklist of prohibited actions
- Detailing lawful employment practices
- Revising enforcement procedures
- Increasing injury provisions
Wage Assertion: Efficient January 1, 2020, employers should present a written assertion to workers every pay day that features:
- The employer’s title and tackle
- Hours labored (Efficient July 1, 2020, that is solely required if worker is paid on the idea 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 can be delayed till July 1, 2020 for salaried, piece work and different workers not historically paid on an hourly foundation.)
- Charge 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 embody enough data to allow the worker to find out how the gross and web pay have been calculated.
Wage Cost: Efficient July 1, 2020, workers have a proper to sue an employer in Virginia state courtroom to get better unpaid wages. Workers might sue individually, collectively or in a collective motion. If the courtroom finds that the employer knowingly and/or willfully didn’t pay the wages, damages could also be tripled and civil and/or prison penalties may additionally apply.
In investigating an worker’s grievance, if the DOLI has an inexpensive perception that the employer didn’t pay wages to different workers, the DOLI might broaden its investigation.
Employers are prohibited from terminating or in any other case discriminating towards an worker as a result of the worker has filed a grievance for nonpayment of wages, precipitated to be instituted any continuing below wage fee legal guidelines, or testified or is about to testify in a wage fee regulation continuing.
Wage Disclosure: Efficient July 1, 2020, employers are prohibited from discharging or retaliating towards 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 grievance with the Division of Labor.
Worker Classification: Efficient July 1, 2020, employers can’t retaliate towards workers or impartial contractors for reporting worker misclassification or as a result of an acceptable authority requests or subpoenas them to take part in a associated investigation, listening to or inquiry.
As well as, a person not correctly categorised as an worker can sue their employer for failing to correctly classify them as an worker if the employer had data of their misclassification.
Whistleblower Safety: Efficient July 1, 2020, employers are prohibited from retaliating towards an worker as a result of the worker:
- Experiences a violation of any federal or state regulation 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 comply with an employer’s order that violates any federal or state regulation or regulation
- Participates in an investigation into any alleged violation by the employer of federal or state regulation or regulation
Felony Background: Efficient July 1, 2020, employers are prohibited from requiring job candidates to reveal data regarding any arrest, prison cost or conviction for possession of marijuana. An applicant doesn’t should reply any questions on it or present such data given such information are now 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 towards low-wage workers (i.e., workers who earn lower than the typical weekly wage in Virginia).
Election Officer Depart: Efficient July 1, 2020, Virginia’s election officer go away regulation 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 go away 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 should be reported based on 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 Depart: Efficient March 25, 2020, amendments to Washington’s paid household and medical go away broaden the definition of a lined baby and embody definitions for informal labor, paid time without work and supplemental advantages.
Efficient June 11, 2020, this paid household and medical go away is additional amended relating to 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 Legislation In opposition to Discrimination (WLAD) supplies that race discrimination contains discrimination primarily based on traits traditionally related or perceived to be related to race, together with hair texture and protecting hairstyles akin to Afros, braids, locs and twists.
Immigrant Discrimination: Efficient June 11, 2020, the Washington Legislation 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 grievance with the Washington Human Rights Fee relating to being pregnant discrimination is prolonged from six months to at least one yr.
Lactation Lodging: Efficient June 11, 2020, employers with 15 or extra workers might now not require certification to assist the necessity for a lactation lodging.
Additional time Exemption: Efficient July 1, 2020, Washington’s extra time exemption laws are amended to boost the minimal wage ranges and simplify the duties take a look at for many exempt workers to extra carefully align with the Federal Labor Requirements Act (FLSA) duties assessments. Efficient January 2021, Washington’s minimal wage will exceed the FLSA quantity by rising to roughly $827 per week (or $43,004 per yr for employers with 50 or fewer workers and to roughly $965 per week (or $50,180 per yr) for employers with greater than 50 workers.
Seattle Resort Worker Protections: Efficient July 1, 2020, Seattle’s 4 ordinances (collectively often called the Resort Worker Protections Ordinances) require resort employers to:
- Take sure steps to guard workers from violent or harassing conduct by visitors
- Restrict the workload to scale back frequency and prevalence accidents related to room cleansing
- Present elevated entry to medical care
- Take actions to scale back job insecurity
Seattle Paid Sick and Protected Time: Efficient March 18, 2020, amendments to Seattle’s Paid Sick and Protected 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 office (for an employer with 250 or extra full-time equal workers) has lowered operations or closed for any well being or security purpose.
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