Below is a summary of compliance requirements that took effect recently or will take effect this month or next. For more information on these topics, please see this month’s edition of the ADP Insights & Solutions Newsletter or the Newsletter Archive. In addition, please note that there are a number of pay increases that will take effect as of December 31, 2018 or January 1, 2019 for both exempt and non-exempt employees. A detailed list of pay increases can be found in the Minimum Wage Update for Various Jurisdictions article in the December edition of the Insights & Solutions Newsletter.
December 31, 2018:
California Issues Emergency Regulation for Electronic Submission of 300A Forms by December 31, 2018. California employers with 250 or more employees per establishment or employers with 20-249 employees in certain identified industries (which is the same as Federal OSHA) must electronically submit to the Federal OSHA website by December 31, 2018 and then each year thereafter.
January 1, 2019:
California:
California’s heightened anti-harassment laws take effect, and include expanded mandatory Sexual Harassment Training requirements. Requires employers with five or more employees to provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every two years thereafter. Certain industries, such as the entertainment industry, have additional/heightened anti-harassment measures and requirements.
California lactation accommodation law amended. Amends lactation accommodation provisions to require employers to provide a location other than a bathroom to express milk.
California clarifies ban on salary history inquiries. The state clarifies the definition of "applicant," "pay scale," and "reasonable request" as it relates to restrictions on pay history inquiries. It also adds guidance about the questions an employer may ask during an interview and when employers must disclose pay scales for positions.
California clarifies record-access requirement. California clarifies that state law gives employees the right to receive a copy of their payroll records.
California Temporary Disability Insurance Changes. Repeals the seven-day waiting period for the initial receipt of insurance benefits under the California family temporary disability insurance and the provision allowing employers to apply vacation leave to the waiting period.
New California Laws regarding Job References, Non-Disclosure Agreements and Non-Disparagement Clauses take effect. Allows a former employer to state it would not rehire a former employee based on the employer’s determination that the former employee engaged in sexual harassment. Prohibits confidentiality provisions in settlement agreements that would thwart disclosure of information related to claims of sexual assault, harassment, and discrimination. Curtails an employer’s ability to utilize non-disparagement clauses and certain waivers for claims asserted under the state Fair Employment and Housing Act.
California Paid Family Military Leave.: Amends the Family Temporary Disability Insurance Program to include time off for a service member to participate in a qualifying exigency related to a covered active duty.
California Criminal History laws revised.: Creates additional exemptions to the restriction on inquiring about an applicant’s prior arrest and detention record.
Connecticut:
Connecticut bars pay history inquiries. Prohibits an employer from inquiring about an applicant’s salary history before an offer of employment, unless the applicant voluntarily discloses such information.
Delaware:
Delaware adopts new anti-harassment requirement. Employers with 50 or more employees must provide sexual harassment training to all new hires and existing employees. Employers with four or more employees must provide all new hires and existing employees with this information sheet on sexual harassment, which will be created by the state's Department of Labor.
Delaware Training and Youth Wages law effective. Requires employers with 50 or more employees to provide sexual harassment training to new employees within one year of employment, to existing employees within one year of the effective date of this act, and every two years thereafter.
Hawaii:
Hawaii bans salary history inquiries. Employers cannot ask applicants about their pay history or prevent employees from disclosing and discussing their wages.
Illinois:
Illinois requires expense reimbursement. Employers must reimburse employees for certain business expenditures.
Illinois Enacts Expansive Job Protection Statute For Military Service Members. The rights of Illinois employees serving in the military will be expanded and governed by the Illinois Service Member Employment and Reemployment Rights Act (ISERRA), Public Act 100-1101
Illinois Expands Equal Pay Law to Include African Americans as a Protected Class. Illinois has enacted legislation that will expand the state’s Equal Pay Act to expressly prohibit pay differentials between African American employees and other employees. Previously, the Illinois Equal Pay Act prohibited pay differentials based on sex only.
Northbrook, Illinois opts back in to Cook County Paid Sick Leave. Covered employers must provide paid sick leave in accordance with the Cook County ordinance.
Massachusetts:
Massachusetts Minimum Wage, Sunday and Holiday Premium Pay, and State Paid Family Medical leave. Increases the minimum wage from $11 to $15 over five years, culminating in 2023. Gradually eliminates premium pay for retail employees on Sundays and holidays. Requires employers to provide paid family and medical leave to covered individuals.
Massachusetts Modifies Timing for Calculating Minimum Wage for Tipped Employees. Massachusetts employers who utilize a tip credit in paying tipped employees must calculate the minimum wage rate at the end of each shift.
New York:
New York updates paid family leave program. The maximum employee contribution increases to 0.153% of an employee's weekly wage. The maximum duration of benefit caps increases to 10 weeks.
Oregon:
Oregon Expansive Pay Equity Law takes full effect.: Employers are prohibited from compensating employees in a protected class differently from other employees performing substantially similar work.
Tennessee:
Tennessee allows employers to permit concealed carry of firearms. Employers must allow employees who are valid permit holders to carry concealed handguns in the workplace.
January 7, 2019:
Delaware Workplace Adjustment and Retraining Notification Act (“WARN”).Businesses that employ 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week, must provide at least 60 days’ written notice before the business orders a mass layoff, plant closing, or relocation if it will cause an employment loss. These requirements do not apply to federal, state, and local governments, including school districts and charter schools.
February 3, 2019:
New York Amended Law Regarding Organ and Tissue Donation. The law prohibits insurers from discriminating in life, accident, and health insurance based on a person’s status as a living organ or tissue donor. In addition, the law authorizes the use of paid family leave benefits for organ or tissue donation procedures.
*Produced in partnership with Littler Mendelson P.C.