July is the New January – New State Legal guidelines Do Not Take the Summer time Off

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It was that employers had the posh of ready till January 1 to be vigilant for brand spanking new employment legal guidelines and compliance challenges.  For the previous a number of years, we now have reported on employment and labor legal guidelines taking impact mid-year.  The pattern is growing, with states and cities passing a large number of recent office laws all through the calendar 12 months. 

This 12 months, COVID-19 stays a major employment legislation and regulatory concern.  However state legislatures have continued their typical companies apace, and even are taking up a brand new wave of labor and employment legislation priorities.  In style matters for additional regulation this 12 months embrace the contingent workforce and gig financial system, go away protections and entitlements, and new office security and privateness protections.  One other widespread matter in 2022 is wage transparency, with three New York localities enacting legal guidelines taking impact quickly requiring disclosure of pay ranges for job ads and permitting for a non-public proper of motion for violations. 

Washington state leads the pack as probably the most energetic jurisdiction in enacting over a dozen new state-wide and native legal guidelines and laws that take impact in early summer time.  Virginia and Colorado take second place, every enacting at the least eight new legal guidelines that take impact July-August 2022. 

Our annual “July is the New January,” which tracks many labor and employment legal guidelines and ordinances throughout the nation that take impact within the latter half of the 12 months, will not be all-inclusive.  Though this Perception touches on some industry-specific legal guidelines, the main target is on typically relevant labor and employment legal guidelines enacted in states and bigger municipalities.  As well as, this report doesn’t talk about modifications to the minimal wage and associated wage and hour laws. See U.S. Minimal Wage, Tipped, and Exempt Worker Pay Will increase Will Warmth Up This Summer time (And Presumably Different Seasons) for data on new wage charges taking impact throughout the nation.

Lastly, notice that many state legislatures are nonetheless in session, so further legal guidelines that may take impact this summer time are sure to be enacted after publication. And new legal guidelines—notably on the native degree—are sometimes topic to modification. This text is meant to supply perception on the kinds of legal guidelines state and native legislatures are enacting, a few of which have efficient dates proper across the nook.

Alabama

Regulation

Important Subject

Abstract

Efficient Date

Alabama HB 105

Background Checks: Felony

Requires sure care suppliers to question the established abuse registry for the needs of background checks.

6/1/2022

Alabama SB 150

Contingent Workforce: Unbiased Contractors

Establishes that market contractors will not be thought of workers for the aim of the state’s wage and hour legal guidelines, unemployment insurance coverage legal guidelines, and employees’ compensation legal guidelines.

7/1/2022

Alabama SB 31

Protected Time Off: FMLA

Requires employers to supply 12 weeks of household go away to workers who undertake kids; requires employers that present maternity advantages to supply equal advantages to adoptive mother and father.

7/1/2022

Arizona

Regulation

Important Subject

Abstract

Efficient Date

Arizona HB 2146

Privateness: Knowledge Safety Breach Notification

Requires companies to report knowledge safety breaches to the director of the Arizona Division of Homeland Safety.

7/23/2022

Arizona HB 2679

Discrimination & Harassment

Expands the definition of “employer” for objective of the prohibition on sexual harassment to incorporate those who discriminate in opposition to anybody opposing sexual harassment.

7/28/2022

Arizona SB 1278

Worker Advantages

Offers circumstances beneath which an worker can get better calculated damages from a labor advantages group.

7/23/2022

Arizona SB 1311

Dwelling Well being Companies: Office Violence

Requires sure well being care employers to determine a written office violence prevention plan.

7/23/2022

Colorado

Regulation

Important Subject

Abstract

Efficient Date

Colorado HB 1383

Background Checks: Felony

Prohibits an employer from requiring an applicant to reveal data associated to juvenile courtroom information.

8/9/2022

Colorado HB 1112

Employees’ Compensation

Modifications the requirement to inform an employer about an damage from a four-day discover interval to a 10-day discover interval; offers necessities for posting a discover within the office.

8/9/2022

Colorado SB 161

Wage Cost: Deductions from Paychecks

Aments the state’s wage cost legislation to require employers to supply specified notices to terminated workers concerning payroll deductions. The amended legislation additionally enhances the penalties for wage theft.

8/9/2022

Colorado HB 1119

Whistleblower Safety

Creates the Colorado False Claims Act; prohibits retaliation in opposition to an worker for offering data in reference to actions introduced in opposition to an employer.

8/9/2022

Colorado HB 1317

Non-Compete

Renders most non-compete agreements void until the settlement is with “extremely compensated” employees, for the safety of commerce secrets and techniques, and no broader than within reason obligatory to guard the employer’s official curiosity in defending commerce secrets and techniques. 

8/9/2022

Colorado HB 1347

Employees’ Compensation

Amends the Employees’ Compensation Act to supply for advance cost for mileage bills, will increase the profit payable for funeral and burial bills, and requires the reporting of obligatory medical remedies for accidents lasting longer than 180 calendar days.

8/9/2022

Colorado HB 1354

Personnel Recordsdata

Prohibits an insurer from releasing psychological well being information to an employer; requires self-insured employers to maintain psychological well being information separate from personnel information and limits disclosure.

6/9/2022

Colorado HB 1367

Civil Process: Discrimination & Harassment

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

8/9/2022

Connecticut

Regulation

Important Subject

Abstract

Efficient Date

Connecticut HB 5414

Advantages: Reproductive Well being

Offers protections for individuals receiving and offering reproductive well being care companies.

7/1/2022

Connecticut SB 361

Protected Time Off: Voting

Amends the state’s voting go away provisions to allow workers to make use of as much as two hours of unpaid go away in specified particular elections.

7/1/2022

Connecticut SB 5

Protected Time Off: Home Violence

Requires an employer with three or extra workers to submit data regarding home violence and obtainable sources; prohibits discrimination in opposition to a sufferer of household violence; requires an employer to supply for affordable lodging to victims of household violence.

10/1/2022

Connecticut SB 163

Labor Relations: Captive Viewers

Prohibits an employer from coercing any worker into attending or collaborating in a gathering sponsored by the employer regarding the employer’s views on political or spiritual issues.

7/1/2022

District of Columbia

Regulation

Important Subject

Abstract

Efficient Date

District of Columbia B 684

Non-Compete

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

Efficient following approval by the mayor, a 30-day interval of Congressional overview, and publication within the DC Register*

District of Columbia B 719

Protected Time Off: FMLA Paid

Emergency measure. Amends Common Paid Go away Modification Act of 2016 to take away one-week ready interval following the submitting of a declare.

6/13/2022

Florida

Regulation

Important Subject

Abstract

Efficient Date

Florida HB 7

IE&D Coaching

Prohibits employers from requiring any coaching or instruction that promotes specified ideas constituting discrimination primarily based on race, shade, intercourse, or nationwide origin.

7/1/2022

Florida HB 959

Employees’ Compensation

Amends employees’ compensation provisions together with data that should be submitted with the discover of election to be exempt from employees’ compensation protection and revising circumstances that end in rapid reinstatement of stop-work orders.

7/1/2022

Florida SB 542

Contingent Workforce: Unbiased Contractors

Amends the evidentiary requirements for civil actions in opposition to a enterprise throughout a public well being emergency.

7/1/2022

Georgia

Regulation

Important Subject

Abstract

Efficient Date

Georgia HB 389

Contingent Workforce: Unbiased Contractors

Establishes the check for figuring out impartial contractor standing for functions of state unemployment advantages; excludes community corporations from protection.

7/1/2022

Georgia SB 345

COVID-19

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

7/1/2022

Iowa

Regulation

Important Subject

Abstract

Efficient Date

Iowa HB 2521 (HB2371)

Dwelling Well being Companies

Requires healthcare employment businesses to register and meet sure hiring and recordkeeping necessities; prohibits non-compete clauses in sure employment contracts.

7/1/2022

Iowa HB 2355 (SB2131)

Unemployment

Permits employers to acquire aid for overpayment of unemployment advantages whether it is decided that an employer’s failure to reply well timed was by means of no fault of the employer.

7/1/2022

Iowa HB 2411

Employees’ Compensation

Requires an employer to supply an worker with a alternative everlasting prosthetic machine that’s medically obligatory because of a compensable damage.

7/1/2022

Kansas

Regulation

Important Subject

Abstract

Efficient Date

Kansas HB 2703

Unemployment

Expands the definition of employment in employment safety legislation to incorporate companies carried out within the make use of of any state or political subdivision of a state.

7/1/2022

Kentucky

Regulation

Important Subject

Abstract

Efficient Date

Kentucky HB 252

Hospitality

Lowers the age for serving alcohol to 18 years outdated and prohibits these beneath 20 from bartending.

7/14/2022

Kentucky HB 506

Contingent Workforce

Offers definitions and expands protections for people beneath knowledgeable employer group.

7/14/2022

Maine

Regulation

Important Subject

Abstract

Efficient Date

Maine LD 1889 (HP 1399)

Labor Relations: Whistleblower Safety

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

8/8/2022

Maine LD 225 (HP 160)

Protected Time Off: PTO Common

Requires employers with 11 or extra workers to pay all accrued trip pay on the time of separation.

8/8/2022

Maine LD 598 (SP 237)

Coiffure Discrimination

Prohibits discrimination in employment primarily based on hair texture or coiffure.

8/8/2022

Maine LD 965 (HP 711)

Nondisclosure Agreements

Prohibits an employer from requiring an worker, intern, or applicant for employment to enter right into a contract or settlement that waives or limits any proper to report or talk about discrimination, retaliation, or harassment occurring within the office or at work-related occasions.

8/8/2022

Maryland

Regulation

Important Subject

Abstract

Efficient Date

Maryland HB 78

Incapacity Lodging

Prohibits an employer from failing or refusing to make lodging for a recognized incapacity of an applicant for employment.

10/1/2022

Maryland HB 962 (SB643)

Privateness: Knowledge Safety Breach Notification

Expands the definition of “private data” to incorporate genetic data; requires companies to supply notification of a breach inside 10 days.

10/1/2022

Maryland SB 450 (HB1393)

Discrimination & Harassment

Amends the definition of “harassment” to incorporate sexual harassment and sure unwelcome and offensive conduct.

10/1/2022

Maryland SB 451

Discrimination: Civil Process

Tolls the time period throughout which a complainant could file a civil motion that alleges an illegal employment observe whereas an administrative cost is pending.

10/1/2022

Maryland SB 600 (HB544)

Contingent Workforce: Unbiased Contractors

Requires sure residential service businesses to report yearly to the Maryland Division of Well being concerning hourly pay price and impartial contractor standing.

10/1/2022

Mississippi

Regulation

Important Subject

Abstract

Efficient Date

Mississippi HB 770

Equal Pay

Prohibits an employer from wage discrimination primarily based on intercourse.

7/1/2022

Nebraska

Regulation

Important Subject

Abstract

Efficient Date

Nebraska LB 780

Youngster Labor

Amends definitions and provisions referring to little one labor, employment certificates, and approval necessities for short-time compensation plans.

7/19/2022

New Mexico

Regulation

Important Subject

Abstract

Efficient Date

New Mexico HB 20

Paid Sick Go away

Entitles workers to earn one hour of paid sick go away for each 30 hours labored.

7/1/2022

New York

Regulation

Important Subject

Abstract

Efficient Date

New York: Ithaca Ordinance No. 2022-03

Wage Transparency

Makes it an illegal discriminatory observe for an employer to promote a job, promotion, or switch alternative with out stating the minimal and most hourly or wage compensation for the place within the commercial.

9/1/2022

New York: NYC Int. No. 0134-2022

Wage Transparency

Amends the town wage transparency provisions to make clear the positions for which a pay vary should be offered; establishes a non-public proper of motion for workers; extends the efficient date to 11/1/22.

11/1/2022

New York: Westchester County Ordinance No. 2022-119

Wage Transparency

Makes it an illegal employment observe for an employer to promote a job, promotion, or switch alternative with out stating the minimal and most wage for the place within the commercial.

11/6/2022

Ohio

Regulation

Important Subject

Abstract

Efficient Date

Ohio SB 47

Time beyond regulation: Exemptions

Incorporates parts of the federal Portal to Portal Act and clarifies circumstances beneath which employers will not be required to pay time beyond regulation for sure actions.

7/6/2022

Ohio: Cincinnati Ordinance No. 202201209

Discrimination: Protected Classifications

Amends the town’s antidiscrimination ordinance to ban employment discrimination on the idea of gender id and expression, intercourse, breastfeeding standing, navy standing, and familial standing; offers that employers of 4 or extra workers are coated beneath the legislation.

6/7/2022

Oklahoma

Regulation

Important Subject

Abstract

Efficient Date

Oklahoma HB 4413

Joint Employment

Amends the Employment Safety Act to supply {that a} skilled employer group and its shopper are thought of co-employers of workers.

11/1/2022

Oklahoma SB 1345

Wage Cost: Approved Types of Cost

Offers that employers could pay all wages by deposit to a monetary establishment, or to a payroll card if the worker doesn’t designate a monetary establishment.

11/1/2022

South Dakota

Regulation

Important Subject

Abstract

Efficient Date

South Dakota SB 17

Employees’ Compensation: Drug Testing

Offers that an worker will not be entitled to obtain employees’ compensation reimbursement for prices related to medical hashish.

7/1/2022

South Dakota SB 5

Lodging: Drug Testing

Offers that an employer will not be required to accommodate using medical hashish within the office.

7/1/2022

Tennessee

Regulation

Important Subject

Abstract

Efficient Date

Tennessee SB 136 (HB204)

Coiffure Discrimination

Offers that race contains traits related to race, together with hair texture and protecting hairstyles reminiscent of braids, locks, and twists.

7/1/2022

Tennessee SB 2042 (HB2078)

Subminimum Wage Exception

Removes the subminimum wage exception for workers whose incomes or productive capability is impaired by age, bodily, or psychological deficiency or damage.

7/1/2022

Tennessee SB 2448 (HB2671)

COVID-19

Extends the date of sure legal responsibility protections associated to COVID-19 from 7/1/22 to 7/1/23.

6/1/2022

Tennessee SB 2774 (HB2877)

Discrimination: Civil Process

Will increase the period of time to file a discrimination grievance with the Tennessee Human Rights Fee from 180 days to 185 days.

6/1/2022

Texas

Regulation

Important Subject

Abstract

Efficient Date

Texas: Denton Ordinance No. 22-407

Discrimination: Protected Classifications

Prohibits an employer of 15 or extra workers from discriminating in opposition to any particular person on the idea of race, shade, nationwide origin, age, faith, incapacity, intercourse, sexual orientation, or gender id.

7/20/2022

Vermont

Regulation

Important Subject

Abstract

Efficient Date

Vermont HB 729

Discrimination: Civil Process

Offers that employment discrimination and discrimination in public lodging actions should be commenced inside six years of the reason for motion.

6/1/2022

Virginia

Regulation

Important Subject

Abstract

Efficient Date

Virginia HB 1063

Discrimination: Protected Classifications

Creates a definition for “faith” for functions of prohibiting employment discrimination primarily based on faith.

7/1/2022

Virginia HB 1156

Household Go away Insurance coverage

Establishes household go away insurance coverage as a category of insurance coverage.

7/1/2022

Virginia HB 1173 / SB 631

Wage Cost: Time beyond regulation

Repeals provisions of the Virginia Time beyond regulation Wage Act.

7/1/2022

Virginia HB 1178

Office Posters

Requires employers to bodily submit in-color informational posters concerning seizure first support, at the least 8.5 inches by 11 inches in measurement, in a outstanding location within the office.

7/1/2022

Virginia HB 689

Employees’ Compensation: Lodging

Requires employers to furnish a scooter to workers after specified office accidents if the character of the damage requires it.

7/1/2022

Virginia HB 808

Wage & Hour: Garnishments

Clarifies that an employer could cost a payment of as much as a most of $5.00 for every reply or remittance on account of a kid help obligor and withheld from the obligor’s earnings along with the help quantity to be withheld pursuant to an earnings withholding order.

7/1/2022

Virginia HB 932

COVID-19

Extends to 12/31/22 the presumption {that a} dying or incapacity resulting from COVID-19 is an occupational illness or incapacity.

7/1/2022

Virginia SB 15

Household Go away Insurance coverage

Establishes household go away insurance coverage as a category of insurance coverage.

7/1/2022

Washington

Regulation

Important Subject

Abstract

Efficient Date

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

Office Security: Wildfire Hazards

Requires employers to supply elevated safety for workers uncovered to the hazards related to wildfire smoke, together with coaching and monitoring. *expires 9/29/2022

6/15/2022

Washington Emergency Rule re Warmth Publicity for Out of doors Employees (WAC 292-62-09520 et seq.)

Office Security: Warmth Publicity

Requires employers to guard outside employees from the hazards of excessive warmth, together with entry expanded entry to shade and relaxation breaks. *expires 9/29/2022

6/15/2022

Washington Ultimate Rule re Paid Household & Medical Go away Ready Interval (WAC 192-500-185)

Protected Time Off: FMLA Paid

Offers that the ready interval doesn’t scale back the utmost period of an worker’s obtainable paid household or medical go away and that the ready interval doesn’t apply to medical go away taken upon the delivery of a kid.

6/9/2022

Washington Ultimate Rule re Unemployment and Public Well being Emergencies (WAC 192-110-015 et seq.)

COVID-19, Unemployment

Offers aid for late submitting and cost penalties resulting from a public well being emergency; amends necessities for a shared work program.

7/3/2022

Washington HB 1733

Advantages: Well being Insurance coverage

Establishes voluntary exemptions to the Lengthy Time period Companies and Helps Belief Program for specified classes of workers; offers that an employer can not deduct premiums for an worker who offers discover of an accredited exemption.

6/9/2022

Washington HB 1794

Wage & Hour: Charge Reimbursement

Requires employers to reimburse an worker for charges charged when a paycheck will not be honored resulting from nonacceptance or nonpayment.

6/9/2022

Washington HB 1795

Non-Disclosure Agreements

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

6/9/2022

Washington HB 2076

Gig Financial system; Advantages

Requires transportation community employers to supply paid sick go away and provide paid household medical go away to workers; units pointers for employees’ compensation protection.

6/9/2022

Washington SB 5564

Privateness: Privateness Common

Prohibits employers from acquiring individually identifiable data concerning participation in an worker help program; prohibits discrimination on the idea of participation or nonparticipation in an worker help program.

6/9/2022

Washington SB 5649

Protected Time Off: Bereavement Go away

Permits an worker to make use of paid household and medical go away because of the postnatal dying or stillbirth of an worker’s little one.

6/9/2022

Washington: Seattle Council Invoice No. 120069

Contingent Workforce: Unbiased Contractors

Establishes labor requirements necessities for impartial contractors; requires hiring entities to supply discover of the phrases and circumstances of the contract and specified wage data with every wage cost.

9/1/2022

Washington: Burien Grocery Hazard Pay Modification

COVID-19

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

6/30/2022

Washington Ultimate Rule re Go away and COVID-19 or Public Well being Emergencies (WAC 357-31)

Protected Time Off: COVID-19

Expands go away choices for high-risk workers looking for an lodging throughout a public well being emergency, reminiscent of COVID-19; expands go away with pay choices to incorporate COVID-19 booster vaccines.

7/1/2022

West Virginia

Regulation

Important Subject

Abstract

Efficient Date

West Virginia HB 3294

Unemployment

Creates a process for an employer to contact Workforce West Virginia to report an worker who refused rehire.

7/1/2022

West Virginia SB 245

Wage Cost: Debit Playing cards

Requires employers to supply written disclosures associated to payroll playing cards.

6/9/2022

West Virginia SB 548

Unemployment

Requires an employer to supply every worker’s job title and the county during which the vast majority of the worker’s job duties are carried out on the quarterly reviews submitted to WorkForce West Virginia.

6/10/2022

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