Compliance Corner

The Colorado Department of Labor and Employment has released rules that finalize an increase to the minimum wage and the minimum salary required for exemption from overtime, add a new exemption from overtime for highly compensated employees, and establish new poster rules for employers. The changes are included in Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 and the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order and take effect Jan. 1, 2022.

The Colorado Department of Labor and Employment (CDLE) has issued a final rule clarifying that employers are prohibited from requiring employees to forfeit any accrued paid time off (PTO) that they may choose to use for vacation and other needs. The final rule takes effect January 1, 2022.

West Hollywood, California has enacted an ordinance that establishes a local minimum wage. The ordinance takes effect on January 1, 2022 and applies to any employee who works at least two hours per week in West Hollywood.

As a reminder, on Sept. 17, 2020, California Gov. Gavin Newsom signed into law SB 1159, concerning workers’ compensation, the coronavirus (COVID-19) and critical workers. This new law added sections (§3212.86-3212.88) of the CA Labor Code, codifying the Executive Order signed by Gov. Newsom on May 6, 2020, and expanding the “rebuttable presumption of compensability ” for certain employees who test positive for COVID-19.

Washington has announced that premiums for its Paid Family and Medical Leave Insurance Program will increase and that employers must start collecting premiums for the Washington Cares program. The premium requirements will begin on January 1, 2022.

Seattle Washington's minimum wage will increase on January 1, 2022. Employers must pay all non-exempt employees who work in Seattle at least the minimum wage per hour.

The New York City Human Rights Law (NYCHRL) prohibits discrimination and harassment based on gender, which includes actual or perceived sex, gender identity, and gender expression, regardless of the sex assigned to that person at birth. The NYCHRL’s discrimination provisions apply to employers with four or more employees but the gender-based harassment provisions apply to all employers.

Nevada has enacted legislation (Assembly Bill 190) that requires employers to let employees use accrued sick leave to care for an immediate family member. Assembly Bill 190 takes effect October 1, 2021.

Maine has enacted legislation (Legislative Document 610) that will further limit deductions after an employer mistakenly overpays an employee. The law takes effect October 18, 2021.

Delaware has enacted legislation (House Bill 88) that will repeal a provision that allows employers to pay less than the minimum wage to youth workers and new employees. House Bill 88 takes effect December 29, 2021.