Compliance Corner

New Jersey Governor Phil Murphy has signed Assembly Bill 21, also known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, or "the Act." While the Act is effective immediately, the employment-related protections for recreational marijuana users do not become operative until initial rules and regulations are adopted.

Connecticut has enacted legislation (House Bill 6515) that makes clear that employers are prohibited from discriminating against applicants and employees because of their hair texture and protective hairstyles. House Bill 6515 is effective immediately.

The California Supreme Court has ruled that employers are prohibited from using rounding practices when tracking whether meal periods are provided in compliance with state requirements.

California has enacted legislation (Senate Bill 95) that requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave to employees. The leave requirement applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021.

The California Department of Fair Employment and Housing (DFEH) has published new guidance answering questions about upholding state nondiscrimination requirements during the COVID-19 pandemic. The guidance addresses vaccination policies and practices and other topics.

Several cities and counties in California have approved ordinances that require employers to provide hazard pay (premium pay in addition to the employee's regular rate of pay) to certain employees. The following chart provides a brief overview of these requirements. Many of these laws also have notice, recordkeeping, and other requirements. Employers in these jurisdictions should read the ordinances in full to determine their full compliance requirements.

The city of Santa Rosa (CA) has approved an emergency ordinance that temporarily reinstates a requirement for employers to provide paid sick leave to employees for reasons related to COVID-19. This leave requirement is in effect from February 2, 2021 through March 31, 2021.

In March 2020, the State of New York enacted legislation (Senate Bill 8091) that provides paid or unpaid leave to employees subject to a quarantine or isolation order as a result of COVID-19. On February 2021, the state provided situational guidance for employees subject to multiple quarantine or isolation orders, for when an employee tests positive following their quarantine, and for when an employer mandates that an employee stay home due to potential exposure.

New Orleans has enacted an ordinance (Calendar Number 33,184) that expressly prohibits employers from discriminating against individuals because of their protected cultural hairstyles.