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July Is The New January: A Put up-Pandemic Look At Rising Labor And Employment Regulation Tendencies – Employment and HR

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By Staff , in Retirement Accounts , at June 15, 2021




United States:

July Is The New January: A Put up-Pandemic Look At Rising Labor And Employment Regulation Tendencies


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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
personal nondiscrimination statutes or expanded the identical to acknowledge
new protected classifications.  Different widespread 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 adjustments 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
adjustments reminiscent of a brand new state extra time regulation and auto-enroll payroll
deduction retirement financial savings program.

Please notice 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, just isn’t
all-inclusive.  Though this Perception touches on some
industry-specific legal guidelines, the main focus is on usually relevant labor
and employment legal guidelines enacted in states and bigger municipalities.
Furthermore, this report doesn’t talk about adjustments to the minimal wage
and associated wage and hour laws. See Spring into Summer season and Fall Minimal Wage,
Tipped, and Exempt Worker Pay Will increase
for data
on new wage charges taking impact throughout the nation.

Lastly, notice that many state legislatures are nonetheless in session,
so extra legal guidelines that can take impact this summer season are certain to
be enacted after publication. And new legal guidelines—notably at
the native degree—are sometimes topic to modification. This text
is meant to supply perception on the forms of legal guidelines state and native
legislatures are enacting, a few of which have efficient dates proper
across the nook.1










Alabama

Regulation

Important 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

Important Matter

Abstract

Efficient Date

Arizona SB 1268

Labor Relations

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

August 5, 2021

Arizona HB 2045

Discrimination: Being pregnant

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

August 27, 2021


Arizona HB 2067

Background Checks: Felony

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 should 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 premise of a protected class.

June 29, 2021

Glendale Ordinance No. O21-39

Discrimination: Protected Classifications

Prohibits employment discrimination on the premise of race, coloration,
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

Important 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-about 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

Important 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
workers.

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 responsibility or job requirement because of a household care hardship.

June 24, 2021










Colorado

Regulation

Important 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, and
then following the issuance date it 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

Important 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

Important Matter

Abstract

Efficient Date

District of Columbia Invoice 140

COVID-19: Depart

Non permanent measure. Requires employers to supply go away to
workers 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

Important 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

Important Matter

Abstract

Efficient Date

Indiana HB 1156

Privateness

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

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 time-frame.

July 1, 2021

Indiana SB 234

Employment Taxes

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

July 1, 2021










Iowa

Regulation

Important 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 responsibility functions.

July 1, 2021

Iowa SB 2296 (HB 2479)

Contingent Workforce: Impartial Contractors

Establishes the circumstances underneath which sure impartial
contractors should not thought-about workers for functions of varied
legal guidelines.

July 1, 2021








Kentucky

Regulation

Important 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 beginning dad and mom.

June 30, 2021








Maine

Regulation

Important 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 crucial to
operations.

September 15, 2021
















Maryland

Regulation

Important Matter

Abstract

Efficient Date

Maryland HB 289 (SB 105)

Office Security

Makes sure provisions regarding 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 prison actions;
and gives immunity from civil legal responsibility underneath 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 a
particular person claiming to be aggrieved by sure discriminatory acts is
required to file a criticism with the Fee on Civil
Rights.

October 1, 2021

Maryland HB 804 (SB 916)

Whistleblower

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

October 1, 2021

Maryland SB 473 (HB 56)

Protected Time Off: Bereavement

Authorizes using sure go away with pay for
bereavement.

October 1, 2021

Maryland SB 801 (HB 1154)

Enterprise Restructuring

Excludes workers who’ve accepted affords of switch to
one other worksite from the calculation of the variety of workers
impacted by a discount in operations.

October 1, 2021








Minnesota

Regulation

Important Matter

Abstract

Efficient Date

Minnesota HB 2253

COVID-19: Staff’ Compensation

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

October 1, 2021














Mississippi

Regulation

Important Matter

Abstract

Efficient Date

Mississippi HB 1139

Employment Taxes

Removes the availability that requires an employer with a mean
month-to-month withholding tax legal responsibility of at the least $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

Important Matter

Abstract

Efficient Date

Montana HB 655 (LC 479)

Drug Testing

Disqualifies a person from employees’ compensation if the
particular person fails to go or refuses to take a drug take a look at in
violation of an employer’s said office drug coverage, with
the exception of 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 underneath 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

Important Matter

Abstract

Efficient Date

Nebraska LB 260

Unemployment

Expands provisions regarding good trigger for voluntarily
leaving employment.

August 31, 2021

Nebraska LB 451

Coiffure Discrimination

Prohibits discrimination based mostly on traits usually related
with 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

Important Matter

Abstract

Efficient Date

Nevada AB 37 (BDR 301)

Garnishment

Amends the procedures for garnishment of wages pursuant to a
little one 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 put up a discover of providers supplied by
the Division of Employment, Coaching and Rehabilitation to
workers.

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

Important 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

Important 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

Important Matter

Abstract

Efficient Date

New Mexico SB 129

Advantages: Retirement

Offers circumstances 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 college college students.

June 18, 2021

New Mexico HB 2

Drug Testing

Permits the non-public use of hashish; doesn’t prohibit an
employer from taking opposed 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: Felony

Offers for the expungement of sure prison data.

June 29, 2021

New Mexico SB 80

Coiffure Discrimination

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

July 1, 2021












New
York

Regulation

Important 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 because of 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; gives for arbitration
pointers to mediate disputes between quick meals employers and quick
meals workers.

July 4, 2021

NYC Int. No. 1314-A

Background Checks: Felony

Expands the scope the New York Metropolis Honest Probability Act. The regulation
imposes important restrictions on an employer’s means to
take opposed motion in opposition to a job applicant or present worker
based mostly on pending prison expenses or arrests, or convictions
arising throughout employment, and prohibits asking for or contemplating
adjournments in contemplation of dismissal or non-criminal
violations in employment selections.

July 29, 2021










North
Carolina

Regulation

Important 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 premise 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

Important 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 resolution or administrative
order.

July 31, 2021

North Dakota HB 1084

Staff’ Compensation

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

August 1, 2021

North Dakota HB 1278

Unemployment: Army

Offers eligibility for unemployment compensation for army
spouses because of relocation.

August 1, 2021

North Dakota HB 1398

Preemption: Paid Depart

Prohibits a political subdivision from adopting or implementing 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

Important 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

Important 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

Important 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

Important Matter

Abstract

Efficient Date

South Carolina HB 3094

Weapons within the Office

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

July 16, 2021














South
Dakota

Regulation

Important 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 1046

COVID-19: Legal responsibility Protect

Limits legal responsibility for sure exposures to COVID-19.

July 1, 2021

South Dakota HB 1154

House Well being Companies

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

Important Matter

Abstract

Efficient Date

Tennessee HB 1182 (SB 1224)

Office Posters

Requires an entity open to most of the people to put up 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 inside the constructing or facility.

July 1, 2021

Tennessee SB 1576 (HB 401)

Staff’ Compensation

Authorizes the courtroom of employees’ compensation claims to
award extra 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

Important Matter

Abstract

Efficient Date

Texas SB 45 (HB 48)

Discrimination and Harassment

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

September 1, 2021








Utah

Regulation

Important Matter

Abstract

Efficient Date

Utah SB 42

Garnishments

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

July 1, 2021








Vermont

Regulation

Important 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 responsibility.

July 1, 2021




























Virginia

Regulation

Important Matter

Abstract

Efficient Date

Virginia HB 1814

Garnishments

Offers that the Virginia minimal hourly wage will probably be used to
calculate the quantity of an individual’s mixture disposable
earnings shielded from garnishment whether it is better than the
federal minimal hourly wage.

July 1, 2021

Virginia HB 1848

Incapacity Discrimination

Prohibits discrimination on the premise of incapacity.

July 1, 2021

Virginia HB 1862

Drug Testing

Prohibits an employer from taking opposed 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
underneath the Staff’ Compensation Act for well being care
suppliers.

July 1, 2021

Virginia HB 2063

Wage Fee: Additional time

Requires an employer to compensate its workers who’re
entitled to extra time 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 gives employees with private
protecting tools in response to a catastrophe attributable to a
communicable illness, it can’t be thought-about 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 automated enrollment payroll deduction particular person
retirement account (IRA) retirement financial savings program.

July 1, 2021

Virginia HB 2312

Background Checks: Felony

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

July 1, 2021

Virginia SB 1339

Background Checks: Felony

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

Important Matter

Abstract

Efficient Date

Washington HB 1206 (SB 5218)

Security Coaching

Requires office security coaching for manufacturing and
building short-term 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 apply and gives for penalties for
violations discovered.

July 25, 2021

Washington SB 5097

Household and Medical Depart  

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

July 25, 2021

Washington HB 2308

Report Retention

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

October 1, 2021










West
Virginia

Regulation

Important Matter

Abstract

Efficient Date

West Virginia HB 2009

Contingent Workforce: Impartial Contractors

Clarifies that an impartial contractor just isn’t thought-about an
worker for the aim of wage cost regulation.

June 17, 2021

West Virginia HB 2026

Employment Taxes

Excludes compensation of sure short-term nonresident workers
from state supply earnings tax.

June 28, 2021








Wyoming

Regulation

Important Matter

Abstract

Efficient Date

Wyoming HB 239

Scholar Staff

Offers for pupil learner agreements between eligible
college students, college districts or neighborhood faculties, and employers;
gives employees’ compensation protection for pupil
learners.

July 1, 2021

Footnote

1 Notably, over 300 new labor and employment payments,
ordinances, and rules took impact on the state and municipal
ranges between January 1 and July 1 of this yr alone. Employers
which might be excited about holding up to date on new legal guidelines impacting the
office can study Littler GPS
right here.

The content material of this text is meant to supply a normal
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.

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