Monday, October 18, 2021
News for Retirees


July is the New January: A Put up-Pandemic Have a look at Rising Labor and Employment Regulation Tendencies

Share this…FacebookPinterestTwitterLinkedin The pandemic appears to not have slowed down state and native lawmakers. Certainly, over 100 new labor and…

By Staff , in Retirement Accounts , at June 10, 2021



The pandemic appears to not have slowed down state and native lawmakers. Certainly, over 100 new labor and employment legal guidelines and ordinances are scheduled to take impact between July 1, 2021 and November 1, 2021. Notably, whereas a few of these legal guidelines tackle COVID-19 and matters regarding return-to-work, most mark a renewed consideration to different hot-topic labor and employment points. Not surprisingly, a lot of states and localities have adopted their very own nondiscrimination statutes or expanded the identical to acknowledge new protected classifications. Different well-liked matters embrace impartial contractors and employee classification, marijuana use and drug testing within the office, and repairs to state unemployment insurance coverage methods.

Some states have extra modifications on the horizon than others. Like final yr, Virginia has been probably the most energetic of the states—the Commonwealth will see 11 new labor and employment legal guidelines go into impact on July 1, 2021. These embrace main modifications similar to a brand new state time beyond regulation regulation and auto-enroll payroll deduction retirement financial savings program.

Please be aware that 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 yr, will not be all-inclusive. Though this Perception touches on some industry-specific legal guidelines, the main focus is on typically relevant labor and employment legal guidelines enacted in states and bigger municipalities. Furthermore, this report doesn’t focus on modifications to the minimal wage and associated wage and hour laws. See Spring into Summer time and Fall Minimal Wage, Tipped, and Exempt Worker Pay Will increase for info on new wage charges taking impact throughout the nation.

Lastly, be aware 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—significantly on the native degree—are sometimes topic to modification. This text is meant to supply perception on the sorts of legal guidelines state and native legislatures are enacting, a few of which have efficient dates proper across the nook.1

Alabama

Regulation

Predominant Matter

Abstract

Efficient Date

Alabama HB 408

Contingent Workforce: Impartial Contractors

Requires employers to comply with specified necessities to find out whether or not a employee is an worker or impartial contractor for functions of advantages and tax liabilities.

July 1, 2021

Alabama SB 249

Employee Adjustment and Retraining Notification Act (WARN)

Requires employers relocating name facilities to inform the Secretary of the Commerce Division.

September 1, 2021

 

Arizona

Regulation

Predominant Matter

Abstract

Efficient Date

Arizona SB 1268

Labor Relations

Requires labor organizations to be topic to related fiduciary tips as employers or third-party directors offering advantages to staff.

August 5, 2021

Arizona HB 2045

Discrimination: Being pregnant

Prohibits discrimination based mostly on being pregnant or childbirth-related medical situations.

August 27, 2021

Arizona HB 2067

Background Checks: Legal

Offers employer legal responsibility protections to employers of an worker who has been supplied with a Certificates of Second Probability.

August 27, 2021

Arizona HB 2770

COVID-19: Masks Mandates

Offers that companies usually are not required to implement masks mandates in response to COVID-19.

August 27, 2021

Mesa Ordinance No. 21-0214

Discrimination: Protected Classifications

Creates the Mesa Non-Discrimination Code and prohibits discrimination in employment on the idea of a protected class.

June 29, 2021

Glendale Ordinance No. O21-39

Discrimination: Protected Classifications

Prohibits employment discrimination on the idea of race, colour, ethnicity, nationwide origin, age, incapacity, faith, intercourse, sexual orientation, gender, gender identification, veteran’s standing, marital standing, or familial standing.

September 22, 2021

 

Arkansas

Regulation

Predominant Matter

Abstract

Efficient Date

Arkansas SB 555

Weapons within the Office

Prevents an employer from prohibiting the storage of authorized firearms in autos within the employer’s car parking zone.

July 29, 2021

Arkansas HB 1714

Advantages: Well being Insurance coverage

Amends the regulation regarding a number of employer welfare agreements.

July 30, 2021

Arkansas SB 547

Contingent Workforce: Impartial Contractors

Offers that direct sellers are thought of impartial contractors.

July 30, 2021

Arkansas SB 615

COVID-19: Vaccine Passports

Prohibits the state, state businesses, and native jurisdictions and officers from requiring a vaccine passport as a situation for entry or providers.

July 30, 2021

 

California

Regulation

Predominant Matter

Abstract

Efficient Date

Santa Barbara Ordinance No. 5999

COVID-19: Hazard Pay

Requires hazard pay of $5.00 per hour for grocery and retail pharmacy employees.

June 11, 2021

Burbank Grocery Hazard Pay Ordinance

COVID-19: Hazard Pay

Requires hazard pay of $5.00 per hour for grocery and drug retailer staff.

June 18, 2021

San Jose Ordinance No. 30568

COVID-19: Cheap Lodging

Dietary supplements the necessities of California Labor Code part 2810.8 by entitling a laid-off worker to cheap lodging of a job obligation or job requirement attributable to a household care hardship.

June 24, 2021

 

Colorado

Regulation

Predominant Matter

Abstract

Efficient Date

Colorado HB 1108

Discrimination: Protected Classifications

Prohibits discrimination based mostly on gender expression and gender identification.

September 14, 2021

Colorado SB 90

Advantages: Well being Insurance coverage

Clarifies that if a small employer has been issued a well being profit plan topic to small group insurance coverage legal guidelines and guidelines, after which following the issuance date it now not meets the definition of “small employer,” the small group insurance coverage legal guidelines and guidelines proceed to use to the plan so long as the employer renews the present well being profit plan.

September 14, 2021

 

Connecticut

Regulation

Predominant Matter

Abstract

Efficient Date

Connecticut HB 5158

Lactation Lodging

Specifies sure parameters for a room or different location within the office that accommodates worker breastfeeding.

October 1, 2021

Connecticut HB 5377

COVID-19: Unemployment Insurance coverage

Removes COVID-19-related layoffs from an employer’s unemployment expertise account.

October 1, 2021

Connecticut HB 6380

Equal Pay

Requires employers to reveal wage ranges for vacant positions and to supply comparable pay for comparable work.

October 1, 2021

 

District of Columbia

Regulation

Predominant Matter

Abstract

Efficient Date

District of Columbia Invoice 140

COVID-19: Depart

Short-term measure. Requires employers to supply go away to staff to make use of for causes associated to COVID-19.

This measure will take impact following congressional overview and publication within the DC Register. It’s projected to take impact on June 29, 2021.

 

Florida

Regulation

Predominant Matter

Abstract

Efficient Date

Florida SB 2006

COVID-19: Vaccine Passports

Offers {that a} enterprise might not require people to supply any documentation certifying COVID-19 vaccination or post-infection restoration.

July 1, 2021

 

Indiana

Regulation

Predominant Matter

Abstract

Efficient Date

Indiana HB 1156

Privateness

Clarifies the definition of employer topic to the prohibition in opposition to microchipping staff.

July 1, 2021

Indiana HB 1309

Being pregnant Lodging

Requires an employer to answer an worker’s request for a being pregnant lodging inside an affordable timeframe.

July 1, 2021

Indiana SB 234

Employment Taxes

Offers if a payroll service supplier fails to deposit or remit a enterprise shopper’s employer withholding taxes when due, the payroll service supplier is accountable for the fee of any penalties or curiosity assessed.

July 1, 2021

 

Iowa

Regulation

Predominant Matter

Abstract

Efficient Date

Iowa HB 200 (SB 182)

Protected Time Off: Army

Requires an employer to supply go away to a member of the U.S. Coast Guard for energetic obligation functions.

July 1, 2021

Iowa SB 2296 (HB 2479)

Contingent Workforce: Impartial Contractors

Establishes the circumstances beneath which sure impartial contractors usually are not thought of staff for functions of varied legal guidelines.

July 1, 2021

 

Kentucky

Regulation

Predominant Matter

Abstract

Efficient Date

Kentucky HB 210

Advantages: Leaves

Requires an employer to supply the identical go away insurance policies to adoptive dad and mom as they supply to start dad and mom.

June 30, 2021

 

Maine

Regulation

Predominant Matter

Abstract

Efficient Date

Maine LD 137 (HP 93)

Protected Time Off: Volunteer Emergency Responder

Offers that an employer should designate in writing that an worker who’s an emergency service worker is important to operations.

September 15, 2021

 

Maryland

Regulation

Predominant Matter

Abstract

Efficient Date

Maryland HB 289 (SB 105)

Office Security

Makes sure provisions referring to submitting, issuance, and modification of sure peace orders relevant to peace orders filed by an employer on the employer’s behalf or on behalf of an worker, upon the incidence of sure legal actions; and supplies immunity from civil legal responsibility beneath sure circumstances.

October 1, 2021

Maryland HB 290 (SB 455)

Discrimination: Statute of Limitations

Extends from 6 months to 300 days the time interval inside which an individual claiming to be aggrieved by sure discriminatory acts is required to file a grievance with the Fee on Civil Rights.

October 1, 2021

Maryland HB 804 (SB 916)

Whistleblower

Establishes a whistleblower reward program throughout the Workplace of the Comptroller, offering {that a} whistleblower who voluntarily supplies sure info to the Comptroller is entitled to obtain a financial award.

October 1, 2021

Maryland SB 473 (HB 56)

Protected Time Off: Bereavement

Authorizes the usage of sure go away with pay for bereavement.

October 1, 2021

Maryland SB 801 (HB 1154)

Enterprise Restructuring

Excludes staff who’ve accepted gives of switch to a different worksite from the calculation of the variety of staff impacted by a discount in operations.

October 1, 2021

 

Minnesota

Regulation

Predominant Matter

Abstract

Efficient Date

Minnesota HB 2253

COVID-19: Staff’ Compensation

Extends the presumption that sure employees who’ve contracted COVID-19 have performed so whereas on obligation for the needs of employees’ compensation.

October 1, 2021

 

Mississippi

Regulation

Predominant Matter

Abstract

Efficient Date

Mississippi HB 1139

Employment Taxes

Removes the supply that requires an employer with a mean month-to-month withholding tax legal responsibility of not less than $50,000.00 for the previous calendar yr to pay their estimated withholding tax legal responsibility for the present taxable yr by June 25.

July 1, 2021

Mississippi HB 119

Drug Testing

Extends the efficient interval of the statute allowing the possession and use of cannabidiol for medical functions.

July 1, 2021

Mississippi Medical Marijuana Modification (Poll Measure)

Drug Testing

Establishes a medical marijuana program in Mississippi for people with a debilitating medical situation.

July 1, 2021

Mississippi SB 2124

Unemployment

Revises the definition of unemployment to exclude administrative go away when full compensation for normal wages is obtained and permits for partial unemployment advantages when solely partial compensation for normal wages is obtained.

July 1, 2021

 

Montana

Regulation

Predominant Matter

Abstract

Efficient Date

Montana HB 655 (LC 479)

Drug Testing

Disqualifies a person from employees’ compensation if the person fails to go or refuses to take a drug take a look at in violation of an employer’s said office drug coverage, apart from medical marijuana customers.

July 1, 2021

Montana SB 118 (LC 481)

Staff’ Compensation

Offers that false statements in an employer-provided questionnaire are grounds for barring employees’ compensation advantages.

July 1, 2021

Montana HB 282 (LC 1027)

Little one Labor

Permits student-employees 16 years of age or older to carry out work capabilities beneath sure circumstances.

October 1, 2021

Montana SB 367 (LC 133)

Contingent Workforce: Impartial Contractors

Offers that the absence of an impartial contractor exemption certificates doesn’t point out an employment relationship.

October 1, 2021

 

Nebraska

Regulation

Predominant Matter

Abstract

Efficient Date

Nebraska LB 260

Unemployment

Expands provisions referring to good trigger for voluntarily leaving employment.

August 31, 2021

Nebraska LB 451

Coiffure Discrimination

Prohibits discrimination based mostly on traits sometimes related to race, together with hair texture and coiffure.

August 31, 2021

Nebraska LB 540

Incapacity Discrimination

Offers that cities and villages can prohibit discrimination based mostly on incapacity.

September 10, 2021

 

Nevada

Regulation

Predominant Matter

Abstract

Efficient Date

Nevada AB 37 (BDR 301)

Garnishment

Amends the procedures for garnishment of wages pursuant to a toddler assist order.

October 1, 2021

Nevada AB 190 (BDR 379)

Protected Time Off: Kin Care

Requires employers that present sick go away to permit an worker to make use of sick go away to help sure relations with medical wants.

October 1, 2021

Nevada AB 280 (BDR 132)

Discrimination: Public Lodging

Requires that homeowners or operators of locations of public lodging that present a single-stall restroom to the general public make the single-stall restroom as inclusive and accessible as potential to an individual of any gender identification or expression.

October 1, 2021

Nevada AB 307 (BDR 764)

Office Posters

Requires an employer to submit a discover of providers supplied by the Division of Employment, Coaching and Rehabilitation to staff.

October 1, 2021

Nevada SB 293 (BDR 907)

Wage Historical past

Prohibits an employer from searching for the wage historical past of an applicant; prohibits an employer from discriminating in opposition to an applicant for not revealing wage historical past.

October 1, 2021

 

New Hampshire

Regulation

Predominant Matter

Abstract

Efficient Date

New Hampshire HB 258 (LSR 0228)

Report Retention

Requires an employer to allow an worker to electronically signal or acknowledge alterations to such worker’s wage and hour data.

June 22, 2021

 

New Jersey

Regulation

Predominant Matter

Abstract

Efficient Date

New Jersey Wholesome Terminals Act

Wage and Hour

Requires coated airport or associated location employers to pay a coated airport or associated location employee the relevant prevailing wage.

September 1, 2021

 

New Mexico

Regulation

Predominant Matter

Abstract

Efficient Date

New Mexico SB 129

Advantages: Retirement

Offers situations for implementation of the New Mexico Work and Save Act.

June 18, 2021

New Mexico SB 35

Little one Labor

Removes the exception to the minimal wage requirement for secondary faculty college students.

June 18, 2021

New Mexico HB 2

Drug Testing

Permits the private use of hashish; doesn’t prohibit an employer from taking hostile motion in opposition to an worker for possessing or being impaired by an intoxicating substance at work or throughout work hours.

June 29, 2021

New Mexico SB 2

Background Checks: Legal

Offers for the expungement of sure legal data.

June 29, 2021

New Mexico SB 80

Coiffure Discrimination

Prohibits discrimination or disparate remedy in employment based mostly on coiffure.

July 1, 2021

 

New York

Regulation

Predominant Matter

Abstract

Efficient Date

NYC Int. No. 1396-2019

Hospitality

Offers {that a} quick meals worker in New York Metropolis can’t be discharged aside from simply trigger or attributable to bona fide financial causes; requires quick meals employers to conduct layoffs by inverse seniority.

July 4, 2021

NYC Int. No. 1415-2019

Hospitality

Offers {that a} quick meals worker in New York Metropolis can’t be discharged aside from simply trigger; supplies for arbitration tips to mediate disputes between quick meals employers and quick meals staff.

July 4, 2021

 

North Carolina

Regulation

Predominant Matter

Abstract

Efficient Date

Durham Ordinance No. 14420

Coiffure Discrimination

Prohibits discrimination in employment based mostly on a protected class; prohibits discrimination based mostly on pure hair or hairstyles.

July 1, 2021

Greensboro Ordinance No. 21-0084

Discrimination: Protected Classifications

Prohibits employment discrimination on the idea of sexual orientation, gender expression, gender identification, and hair texture and hairstyles which might be generally related to race or nationwide origin.

July 1, 2021

 

North Dakota

Regulation

Predominant Matter

Abstract

Efficient Date

North Dakota HB 1040

Staff’ Compensation

Offers that an employer has 45 days as a substitute of 30 to enchantment a workforce security and insurance coverage choice or administrative order.

July 31, 2021

North Dakota HB 1084

Staff’ Compensation

Amends definition of compensable damage to not embrace any damage prompted by way of leisure marijuana.

August 1, 2021

North Dakota HB 1278

Unemployment: Army

Offers eligibility for unemployment compensation for army spouses attributable to relocation.

August 1, 2021

North Dakota HB 1398

Preemption: Paid Depart

Prohibits a political subdivision from adopting or imposing an ordinance that requires an employer to supply to an worker paid household go away that exceeds the necessities of federal or state legal guidelines and guidelines.

August 1, 2021

 

Oklahoma

Regulation

Predominant Matter

Abstract

Efficient Date

Oklahoma HB 2780

Garnishments

Permits wage garnishment for delinquent taxpayers; requires employers to withhold wages topic to an order of garnishment.

November 1, 2021

Oklahoma SB 794

Unemployment

Requires e-filing of paperwork with the Oklahoma Employment Security Fee.

November 1, 2021

Oklahoma SB 862

Drug Testing

Permits employers to take motion in opposition to a licensed medical marijuana affected person if there’s use or possession of marijuana on the place of employment or throughout employment hours.

November 1, 2021

 

Oregon

Regulation

Predominant Matter

Abstract

Efficient Date

Oregon HB 2231

Protected Time Off: Army

Exempts time spent in voluntary service abroad and home voluntary service responding to a declared emergency or catastrophe from the five-year restrict on reemployment rights.

September 25, 2021

 

Pennsylvania

Regulation

Predominant Matter

Abstract

Efficient Date

Pennsylvania HB 203

Protected Time Off: Organ Donation

Requires an employer to supply go away for organ donation.

June 27, 2021

 

South Carolina

Regulation

Predominant Matter

Abstract

Efficient Date

South Carolina HB 3094

Weapons within the Office

Permits a allow holder to hold a concealable weapon brazenly on their individual; permits a personal employer to ban allow holders from carrying a concealable weapon or open carry weapon.

July 16, 2021

 

South Dakota

Regulation

Predominant Matter

Abstract

Efficient Date

South Dakota Constitutional Modification A (Poll Measure)

Drug Testing

Amends the state structure to legalize the leisure use of marijuana.

July 1, 2021

South Dakota HB 1154

House Well being Providers

Prohibits employment contracts proscribing aggressive well being care practices.

July 1, 2021

South Dakota Initiated Measure 26 (Poll Measure)

Drug Testing

Establishes a medical marijuana program in South Dakota for people with a debilitating medical situation.

July 1, 2021

 

Tennessee

Regulation

Predominant Matter

Abstract

Efficient Date

Tennessee HB 1182 (SB 1224)

Office Posters

Requires an entity open to most people to submit a discover at every public restroom and every constructing entrance of the enterprise’ coverage of permitting a member of both organic intercourse to make use of any public restroom throughout the constructing or facility.

July 1, 2021

Tennessee SB 1576 (HB 401)

Staff’ Compensation

Authorizes the courtroom of employees’ compensation claims to award further attorneys’ charges and prices incurred when an employer wrongfully denies a declare or wrongfully fails to well timed provoke advantages.

July 1, 2021

 

Texas

Regulation

Predominant Matter

Abstract

Efficient Date

Texas SB 45 (HB 48)

Discrimination and Harassment

Offers that it’s illegal employment observe if an employer knew about prohibited harassment and didn’t act instantly.

September 1, 2021

 

Utah

Regulation

Predominant Matter

Abstract

Efficient Date

Utah SB 42

Garnishments

Authorizes garnishment orders for state tax legal responsibility and supplies the utmost quantity topic to garnishment.

July 1, 2021

 

Vermont

Regulation

Predominant Matter

Abstract

Efficient Date

Vermont HB 149

Protected Time Off: Army

Removes the 15-day limitation on the go away of absence afforded to army and Nationwide Guard personnel when ordered to state or federal energetic obligation.

July 1, 2021

 

Virginia

Regulation

Predominant Matter

Abstract

Efficient Date

Virginia HB 1814

Garnishments

Offers that the Virginia minimal hourly wage will likely be used to calculate the quantity of an individual’s mixture disposable earnings protected against garnishment whether it is higher than the federal minimal hourly wage.

July 1, 2021

Virginia HB 1848

Incapacity Discrimination

Prohibits discrimination on the idea of incapacity.

July 1, 2021

Virginia HB 1862

Drug Testing

Prohibits an employer from taking hostile motion in opposition to an worker for such worker’s lawful use of hashish oil.

July 1, 2021

Virginia HB 1985

COVID-19: Staff’ Compensation

Establishes that COVID-19 is an occupational illness compensable beneath the Staff’ Compensation Act for well being care suppliers.

July 1, 2021

Virginia HB 2063

Wage Fee: Extra time

Requires an employer to compensate its staff who’re entitled to time beyond regulation compensation at a fee not lower than one and one-half instances the worker’s common fee of pay.

July 1, 2021

Virginia HB 2134

Contingent Workforce: Impartial Contractors

Offers that if an employer supplies employees with private protecting tools in response to a catastrophe brought on by a communicable illness, it can’t be thought of in figuring out whether or not the employee is an impartial contractor.

July 1, 2021

Virginia HB 2137

Protected Time Off: Paid Sick Depart

Requires employers to supply paid sick go away to dwelling well being care employees.

July 1, 2021

Virginia HB 2161 (SB 1410)

Discrimination: Army Standing

Prohibits discrimination based mostly on an individual’s army standing.

July 1, 2021

Virginia HB 2174

Advantages: Retirement

Establishes an computerized enrollment payroll deduction particular person retirement account (IRA) retirement financial savings program.

July 1, 2021

Virginia HB 2312

Background Checks: Legal

Eliminates legal penalties for possession of marijuana for individuals who’re 21 years of age or older.

July 1, 2021

Virginia SB 1339

Background Checks: Legal

Establishes a course of for the automated sealing of sure convictions, deferred tendencies, and acquittals and prohibits an employer from inquiring about sealed data.

July 1, 2021

 

Washington

Regulation

Predominant Matter

Abstract

Efficient Date

Washington HB 1206 (SB 5218)

Security Coaching

Requires office security coaching for manufacturing and building non permanent employees.

July 24, 2021

Washington SB 5284

Subminimum Wage

Eliminates subminimum wage certificates for individuals with disabilities.

July 24, 2021

Washington HB 1097 (SB 5090)

Office Security

Offers that an employer might contest an order restraining any situation of employment or observe and supplies for penalties for violations discovered.

July 25, 2021

Washington SB 5097

Household and Medical Depart

Expands the definition of member of the family beneath the paid household and medical go away program.

July 25, 2021

Washington HB 2308

Report Retention

Requires employers to periodically report commonplace occupational classifications or job titles of employees.

October 1, 2021

 

West Virginia

Regulation

Predominant Matter

Abstract

Efficient Date

West Virginia HB 2009

Contingent Workforce: Impartial Contractors

Clarifies that an impartial contractor will not be thought of an worker for the aim of wage fee regulation.

June 17, 2021

West Virginia HB 2026

Employment Taxes

Excludes compensation of sure non permanent nonresident staff from state supply revenue tax.

June 28, 2021

 

Wyoming

Regulation

Predominant Matter

Abstract

Efficient Date

Wyoming HB 239

Pupil Staff

Offers for scholar learner agreements between eligible college students, faculty districts or neighborhood schools, and employers; supplies employees’ compensation protection for scholar learners.

July 1, 2021



Source link

Skip to content