Sunday, July 3, 2022
ADVERTISEMENT
Google search engine
Advertisment

July is the New January – New State Laws Do Not Take the Summer Off

It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliant challenges.  For the past several years, we have reported on employment and labor laws taking effect mid-year.  The trend is increasing, with states and cities passing a multitude of new workplace regulations throughout the calendar year.

Advertisement

This year, COVID-19 remains a significant employment law and regulatory concern.  But state legislatures have continued their typical businesses apace, and even are taking on a new wave of labor and employment law priorities.  Popular topics for further regulation this year include the contingent workforce and gig economy, leave protections and entitlements, and new workplace safety and privacy protections.  Another popular topic in 2022 is wage transparency, with three New York localities enacting laws taking effect soon requiring disclosure of pay ranges for job advertisements and allowing for a private right of action for violations.

Washington state leads the pack as the most active jurisdiction in enacting over a dozen new state-wide and local laws and regulations that take effect in early summer.  Virginia and Colorado take second place, each enacting at least eight new laws that take effect July-August 2022.

Our annual “July is the New January,” which tracks many labor and employment laws and ordinances across the country that take effect in the latter half of the year, is not all-inclusive.  Although this Insight touches on some industry-specific laws, the focus is on generally applicable labor and employment laws enacted in states and larger municipalities.  In addition, this report does not discuss changes to the minimum wage and related wage and hour legislation. See U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases Will Heat Up This Summer (And Possibly Other Seasons) for information on new wage rates taking effect across the country.

Finally, note that many state legislatures are still in session, so additional laws that will take effect this summer are bound to be enacted after publication. And new laws—particularly at the local level—are often subject to amendment. This article is intended to provide insight on the types of laws state and local legislatures are enacting, some of which have effective dates right around the corner.

Alabama

Law

Main Topic

Summary

Effective Date

Alabama HB 105

Background Checks: Criminal

Requires certain care providers to query the established abuse registry for the purposes of background checks.

6/1/2022

Alabama SB 150

Contingent Workforce: Independent Contractors

Establishes that marketplace contractors are not considered employees for the purpose of the state’s wage and hour laws, unemployment insurance laws, and workers’ compensation laws.

7/1/2022

Alabama SB 31

Protected Time Off: FMLA

Requires employers to provide 12 weeks of family leave to employees who adopt children; requires employers that provide maternity benefits to offer equivalent benefits to adoptive parents.

7/1/2022

Arizona

Law

Main Topic

Summary

Effective Date

Arizona HB 2146

Privacy: Data Security Breach Notification

Requires businesses to report data security breaches to the director of the Arizona Department of Homeland Security.

7/23/2022

Arizona HB 2679

Discrimination & Harassment

Expands the definition of “employer” for purpose of the prohibition on sexual harassment to include those that discriminate against anyone opposing sexual harassment.

7/28/2022

Arizona SB 1278

Employee Benefits

Provides circumstances under which an employee can recover calculated damages from a labor benefits organization.

7/23/2022

Arizona SB 1311

Home Health Services: Workplace Violence

Requires certain health care employers to establish a written workplace violence prevention plan.

7/23/2022

Colorado

Law

Main Topic

Summary

Effective Date

Colorado HB 1383

Background Checks: Criminal

Prohibits an employer from requiring an applicant to disclose information related to juvenile court records.

8/9/2022

Colorado HB 1112

Workers’ Compensation

Changes the requirement to notify an employer about an injury from a four-day notice period to a 10-day notice period; provides requirements for posting a notice in the workplace.

8/9/2022

Colorado SB 161

Wage Payment: Deductions from Paychecks

Aments the state’s wage payment law to require employers to provide specified notices to terminated employees regarding payroll deductions. The amended law also enhances the penalties for wage theft.

8/9/2022

Colorado HB 1119

Whistleblower Protection

Creates the Colorado False Claims Act; prohibits retaliation against an employee for providing information in connection with actions brought against an employer.

8/9/2022

Colorado HB 1317

Non-Compete

Renders most non-compete agreements void unless the agreement is with “highly compensated” workers, for the protection of trade secrets, and no broader than is reasonably necessary to protect the employer’s legitimate interest in protecting trade secrets.

8/9/2022

Colorado HB 1347

Workers’ Compensation

Amends the Workers’ Compensation Act to provide for advance payment for mileage expenses, increases the benefit payable for funeral and burial expenses, and requires the reporting of necessary medical treatments for injuries lasting longer than 180 calendar days.

READ ALSO:  Sources -- Mike D'Antoni to meet with owner Michael Jordan for Charlotte Hornets' head-coaching job

8/9/2022

Colorado HB 1354

Personnel Files

Prohibits an insurer from releasing mental health records to an employer; requires self-insured employers to keep mental health records separate from personnel files and limits disclosure.

6/9/2022

Colorado HB 1367

Civil Procedure: Discrimination & Harassment

Extends time to file a charge with the Colorado Civil Rights Commission from six months to 300 days after the alleged discriminatory conduct occurred; provides for compensatory and punitive damages for age discrimination claims.

8/9/2022

Connecticut

Law

Main Topic

Summary

Effective Date

Connecticut HB 5414

Benefits: Reproductive Health

Provides protections for persons receiving and providing reproductive health care services.

7/1/2022

Connecticut SB 361

Protected Time Off: Voting

Amends the state’s voting leave provisions to permit employees to use up to two hours of unpaid leave in specified special elections.

7/1/2022

Connecticut SB 5

Protected Time Off: Domestic Violence

Requires an employer with three or more employees to post information concerning domestic violence and available resources; prohibits discrimination against a victim of family violence; requires an employer to provide for reasonable accommodation to victims of family violence.

10/1/2022

Connecticut SB 163

Labor Relations: Captive Audience

Prohibits an employer from coercing any employee into attending or participating in a meeting sponsored by the employer concerning the employer’s views on political or religious matters.

7/1/2022

District of Columbia

Law

Main Topic

Summary

Effective Date

District of Columbia B 684

Non-Compete

Temporary Measure. Changes the applicability date of the Ban on Non-Compete Agreements Act of 2020 to October 1, 2022. *Transmitted to Congress 5/17/2022; Projected effective date 7/20/2022

Effective following approval by the mayor, a 30-day period of Congressional review, and publication in the DC Register*

District of Columbia B 719

Protected Time Off: FMLA Paid

Emergency measure. Amends Universal Paid Leave Amendment Act of 2016 to remove one-week waiting period following the filing of a claim.

6/13/2022

Florida

Law

Main Topic

Summary

Effective Date

Florida HB 7

IE&D Training

Prohibits employers from requiring any training or instruction that promotes specified concepts constituting discrimination based on race, color, sex, or national origin.

7/1/2022

Florida HB 959

Workers’ Compensation

Amends workers’ compensation provisions including information that must be submitted with the notice of election to be exempt from workers’ compensation coverage and revising circumstances that result in immediate reinstatement of stop-work orders.

7/1/2022

Florida SB 542

Contingent Workforce: Independent Contractors

Amends the evidentiary standards for civil actions against a business during a public health emergency.

7/1/2022

Georgia

Law

Main Topic

Summary

Effective Date

Georgia HB 389

Contingent Workforce: Independent Contractors

Establishes the test for determining independent contractor status for purposes of state unemployment benefits; excludes network companies from coverage.

7/1/2022

Georgia SB 345

COVID-19

Prohibits state and local governments from mandating COVID-19 vaccine passports.

7/1/2022

Iowa

Law

Main Topic

Summary

Effective Date

Iowa HB 2521 (HB2371)

Home Health Services

Requires healthcare employment agencies to register and meet certain hiring and recordkeeping requirements; prohibits non-compete clauses in certain employment contracts.

7/1/2022

Iowa HB 2355 (SB2131)

Unemployment

Permits employers to obtain relief for overpayment of unemployment benefits if it is determined that an employer’s failure to respond timely was through no fault of the employer.

7/1/2022

Iowa HB 2411

Workers’ Compensation

Requires an employer to provide an employee with a replacement permanent prosthetic device that is medically necessary as a result of a compensable injury.

7/1/2022

Kansas

Law

Main Topic

Summary

Effective Date

Kansas HB 2703

Unemployment

Expands the definition of employment in employment security law to include services performed in the employ of any state or political subdivision of a state.

7/1/2022

Kentucky

Law

Main Topic

Summary

Effective Date

Kentucky HB 252

Hospitality

Lowers the age for serving alcohol to 18 years old and prohibits those under 20 from bartending.

7/14/2022

Kentucky HB 506

Contingent Workforce

Provides definitions and expands protections for individuals under a professional employer organization.

7/14/2022

Maine

Law

Main Topic

Summary

Effective Date

Maine LD 1889 (HP 1399)

Labor Relations: Whistleblower Protection

Repeals a provision of the Whistleblowers’ Protection Act that was a bar to enforcement of the act with respect to claims in which a collective bargaining agreement is in place.

8/8/2022

Maine LD 225 (HP 160)

Protected Time Off: PTO General

Requires employers with 11 or more employees to pay all accrued vacation pay at the time of separation.

8/8/2022

Maine LD 598 (SP 237)

Hairstyle Discrimination

Prohibits discrimination in employment based on hair texture or hairstyle.

8/8/2022

Maine LD 965 (HP 711)

Nondisclosure Agreements

Prohibits an employer from requiring an employee, intern, or applicant for employment to enter into a contract or agreement that waives or limits any right to report or discuss discrimination, retaliation, or harassment occurring in the workplace or at work-related events.

READ ALSO:  La Fayette Microfinance Bank Recruitment 2022 July, Careers & Job Vacancies

8/8/2022

Maryland

Law

Main Topic

Summary

Effective Date

Maryland HB 78

Disability Accommodation

Prohibits an employer from failing or refusing to make accommodations for a known disability of an applicant for employment.

10/1/2022

Maryland HB 962 (SB643)

Privacy: Data Security Breach Notification

Expands the definition of “personal information” to include genetic information; requires businesses to provide notification of a breach within 10 days.

10/1/2022

Maryland SB 450 (HB1393)

Discrimination & Harassment

Amends the definition of “harassment” to include sexual harassment and certain unwelcome and offensive conduct.

10/1/2022

Maryland SB 451

Discrimination: Civil Procedure

Tolls the period of time during which a complainant may file a civil action that alleges an unlawful employment practice while an administrative charge is pending.

10/1/2022

Maryland SB 600 (HB544)

Contingent Workforce: Independent Contractors

Requires certain residential service agencies to report annually to the Maryland Department of Health regarding hourly pay rate and independent contractor status.

10/1/2022

Mississippi

Law

Main Topic

Summary

Effective Date

Mississippi HB 770

Equal Pay

Prohibits an employer from wage discrimination based on sex.

7/1/2022

Nebraska

Law

Main Topic

Summary

Effective Date

Nebraska LB 780

Child Labor

Amends definitions and provisions relating to child labor, employment certificates, and approval requirements for short-time compensation plans.

7/19/2022

New Mexico

Law

Main Topic

Summary

Effective Date

New Mexico HB 20

Paid Sick Leave

Entitles employees to earn one hour of paid sick leave for every 30 hours worked.

7/1/2022

New York

Law

Main Topic

Summary

Effective Date

New York: Ithaca Ordinance No. 2022-03

Wage Transparency

Makes it an unlawful discriminatory practice for an employer to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum hourly or salary compensation for the position in the advertisement.

9/1/2022

New York: NYC Int. No. 0134-2022

Wage Transparency

Amends the city wage transparency provisions to clarify the positions for which a pay range must be provided; establishes a private right of action for employees; extends the effective date to 11/1/22.

11/1/2022

New York: Westchester County Ordinance No. 2022-119

Wage Transparency

Makes it an unlawful employment practice for an employer to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum salary for the position in the advertisement.

11/6/2022

Ohio

Law

Main Topic

Summary

Effective Date

Ohio SB 47

Overtime: Exemptions

Incorporates portions of the federal Portal to Portal Act and clarifies circumstances under which employers are not required to pay overtime for certain activities.

7/6/2022

Ohio: Cincinnati Ordinance No. 202201209

Discrimination: Protected Classifications

Amends the city’s antidiscrimination ordinance to prohibit employment discrimination on the basis of gender identity and expression, sex, breastfeeding status, military status, and familial status; provides that employers of four or more employees are covered under the law.

6/7/2022

Oklahoma

Law

Main Topic

Summary

Effective Date

Oklahoma HB 4413

Joint Employment

Amends the Employment Security Act to provide that a professional employer organization and its client are considered co-employers of employees.

11/1/2022

Oklahoma SB 1345

Wage Payment: Authorized Forms of Payment

Provides that employers may pay all wages by deposit to a financial institution, or to a payroll card if the employee does not designate a financial institution.

11/1/2022

South Dakota

Law

Main Topic

Summary

Effective Date

South Dakota SB 17

Workers’ Compensation: Drug Testing

Provides that an employee is not entitled to receive workers’ compensation reimbursement for costs associated with medical cannabis.

7/1/2022

South Dakota SB 5

Accommodation: Drug Testing

Provides that an employer is not required to accommodate the use of medical cannabis in the workplace.

7/1/2022

Tennessee

Law

Main Topic

Summary

Effective Date

Tennessee SB 136 (HB204)

Hairstyle Discrimination

Provides that race includes characteristics associated with race, including hair texture and protective hairstyles such as braids, locks, and twists.

7/1/2022

Tennessee SB 2042 (HB2078)

Subminimum Wage Exception

Removes the subminimum wage exception for employees whose earning or productive capacity is impaired by age, physical, or mental deficiency or injury.

7/1/2022

Tennessee SB 2448 (HB2671)

COVID-19

Extends the date of certain liability protections related to COVID-19 from 7/1/22 to 7/1/23.

6/1/2022

Tennessee SB 2774 (HB2877)

Discrimination: Civil Procedure

Increases the amount of time to file a discrimination complaint with the Tennessee Human Rights Commission from 180 days to 185 days.

6/1/2022

Texas

Law

Main Topic

Summary

Effective Date

Texas: Denton Ordinance No. 22-407

Discrimination: Protected Classifications

Prohibits an employer of 15 or more employees from discriminating against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity.

7/20/2022

Vermont

Law

Main Topic

Summary

Effective Date

Vermont HB 729

Discrimination: Civil Procedure

Provides that employment discrimination and discrimination in public accommodations actions must be commenced within six years of the cause of action.

6/1/2022

Virginia

READ ALSO:  Southborough's new police chief will come from within the department

Law

Main Topic

Summary

Effective Date

Virginia HB 1063

Discrimination: Protected Classifications

Creates a definition for “religion” for purposes of prohibiting employment discrimination based on religion.

7/1/2022

Virginia HB 1156

Family Leave Insurance

Establishes family leave insurance as a class of insurance.

7/1/2022

Virginia HB 1173 / SB 631

Wage Payment: Overtime

Repeals provisions of the Virginia Overtime Wage Act.

7/1/2022

Virginia HB 1178

Workplace Posters

Requires employers to physically post in-color informational posters regarding seizure first aid, at least 8.5 inches by 11 inches in size, in a prominent location in the workplace.

7/1/2022

Virginia HB 689

Workers’ Compensation: Accommodation

Requires employers to furnish a scooter to employees after specified workplace accidents if the nature of the injury requires it.

7/1/2022

Virginia HB 808

Wage & Hour: Garnishments

Clarifies that an employer may charge a fee of up to a maximum of $5.00 for each reply or remittance on account of a child support obligor and withheld from the obligor’s income in addition to the support amount to be withheld pursuant to an income withholding order.

7/1/2022

Virginia HB 932

COVID-19

Extends to 12/31/22 the presumption that a death or disability due to COVID-19 is an occupational disease or disability.

7/1/2022

Virginia SB 15

Family Leave Insurance

Establishes family leave insurance as a class of insurance.

7/1/2022

Washington

Law

Main Topic

Summary

Effective Date

Washington Emergency Rule re Employee Protections from Wildfire Smoke (WAC 296-62-085)

Workplace Safety: Wildfire Hazards

Requires employers to provide increased protection for employees exposed to the hazards associated with wildfire smoke, including training and monitoring. *expires 9/29/2022

6/15/2022

Washington Emergency Rule re Heat Exposure for Outdoor Workers (WAC 292-62-09520 et seq.)

Workplace Safety: Heat Exposure

Requires employers to protect outdoor workers from the dangers of high heat, including access expanded access to shade and rest breaks. *expires 9/29/2022

6/15/2022

Washington Final Rule re Paid Family & Medical Leave Waiting Period (WAC 192-500-185)

Protected Time Off: FMLA Paid

Provides that the waiting period does not reduce the maximum duration of an employee’s available paid family or medical leave and that the waiting period does not apply to medical leave taken upon the birth of a child.

6/9/2022

Washington Final Rule re Unemployment and Public Health Emergencies (WAC 192-110-015 et seq.)

COVID-19, Unemployment

Provides relief for late filing and payment penalties due to a public health emergency; amends requirements for a shared work program.

7/3/2022

Washington HB 1733

Benefits: Health Insurance

Establishes voluntary exemptions to the Long Term Services and Supports Trust Program for specified categories of employees; provides that an employer cannot deduct premiums for an employee who provides notice of an approved exemption.

6/9/2022

Washington HB 1794

Wage & Hour: Fee Reimbursement

Requires employers to reimburse an employee for fees charged when a paycheck is not honored due to nonacceptance or nonpayment.

6/9/2022

Washington HB 1795

Non-Disclosure Agreements

Prohibits non-disclosure and non-disparagement provisions in employer agreements regarding illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.

6/9/2022

Washington HB 2076

Gig Economy; Benefits

Requires transportation network employers to provide paid sick leave and offer paid family medical leave to employees; sets guidelines for workers’ compensation coverage.

6/9/2022

Washington SB 5564

Privacy: Privacy General

Prohibits employers from obtaining individually identifiable information regarding participation in an employee assistance program; prohibits discrimination on the basis of participation or nonparticipation in an employee assistance program.

6/9/2022

Washington SB 5649

Protected Time Off: Bereavement Leave

Permits an employee to use paid family and medical leave due to the postnatal death or stillbirth of an employee’s child.

6/9/2022

Washington: Seattle Council Bill No. 120069

Contingent Workforce: Independent Contractors

Establishes labor standards requirements for independent contractors; requires hiring entities to provide notice of the terms and conditions of the contract and specified wage information with each wage payment.

9/1/2022

Washington: Burien Grocery Hazard Pay Amendment

COVID-19

Terminates the grocery worker hazard pay requirement on 6/30/22.

6/30/2022

Washington Final Rule re Leave and COVID-19 or Public Health Emergencies (WAC 357-31)

Protected Time Off: COVID-19

Expands leave options for high-risk employees seeking an accommodation during a public health emergency, such as COVID-19; expands leave with pay options to include COVID-19 booster vaccines.

7/1/2022

West Virginia

Law

Main Topic

Summary

Effective Date

West Virginia HB 3294

Unemployment

Creates a procedure for an employer to contact Workforce West Virginia to report an employee who refused rehire.

7/1/2022

West Virginia SB 245

Wage Payment: Debit Cards

Requires employers to provide written disclosures related to payroll cards.

6/9/2022

West Virginia SB 548

Unemployment

Requires an employer to provide each employee’s job title and the county in which the majority of the employee’s job duties are performed on the quarterly reports submitted to WorkForce West Virginia.

6/10/2022

Advertisement
Advertisement
ADVERTISEMENT
Google search engine

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Stay Connected

8,100FansLike
31,104FollowersFollow
2,458FollowersFollow

RELATED ARTICLES

ADVERTISEMENT
Google search engine
Advertisement

Latest Opportunities

Get Free Scholarship and Job Offers Now

X