State Alerts

Maine law requires employers to annually provide their employees with notice of the employer’s sexual harassment policy. The employer’s policy must contain, for example, the definition of harassment (with examples), the employer’s internal complaint mechanism, the Maine Human Rights Commission’s complaint process, and an anti-retaliation statement.

Effective January 1, 2019, Washington D.C residents will be required to obtain health insurance or pay a penalty. Washington D.C. has joined Massachusetts, New Jersey and Vermont (effective 2020) in passing an individual health mandate requiring residents to have “minimum essential coverage” (MEC) or face a tax penalty.

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning the effective date, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI. BOLI has published a final rule (guiding regulations) to implement the Act. While the Final Rule clarifies and provides guidance regarding key provisions of the Act, as discussed below, it omits any references to the provision of most interest to Oregon employers: the pay equity analysis safe harbor provision.

New York’s laws regarding organ and tissue donation have been amended. 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.

Joining New York City, Albany County, and Westchester County, Suffolk County has become the latest jurisdiction in New York to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants.

Beginning January 1, 2019 New Jersey residents will be required to have health insurance or pay a tax penalty. The State of New Jersey has become the second state in the nation to adopt a state-level individual health insurance mandate.

The Michigan Legislature has adopted two pieces of legislation (Senate Bill 1171 and Senate Bill 1175) that will scale back increases to the minimum wage and require certain employers to provide paid sick leave (and now call it paid medical leave).