Employees accrue one hour of paid leave for every 32 hours worked, up to 28 hours in a year. The following are some of the most prominent changes that will take effect on January 1, 2020. State & Local Employment Law Developments: Q1/Q2 2020. Every year, the state of California passes new labor laws that impact the employment relationship. Every new year brings new employment laws, and 2020 is no different. Pregnancy Discrimination: Effective June 11, 2020, the time to file an administrative complaint with the Washington Human Rights Commission regarding pregnancy discrimination is extended from six months to one year. The amendments also include adding back the requirements that leave may be taken by an employee without sufficient time outside of working hours to vote and that employees must notify their employer at least two workdays (but not more than 10 workdays) before election day of the need for time off to vote. In addition, temporary amendments to the COMPS Order (set to expire July 14, 2020, but proposed to become permanent) include: Hair Discrimination: Effective September 14, 2020, an amendment to the Colorado Anti-Discrimination Act provides that race discrimination includes hair texture, hair type, and protective hairstyles such as braids, locs, twists, tight coils or curls, cornrows, bantu knots, Afros and headwraps that are commonly or historically associated with race. Employers may discuss the criminal record if voluntarily disclosed by the applicant during a job interview. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Wage Theft: Effective June 23, 2020, amendments to the Wage Theft Prevention Act (WTPA) require employers who claim prevailing wage supplements to provide employees with a wage rate notice at the time of hire that includes: Covered employers are also required to include, on each employee’s wage statement, the type of each prevailing wage supplement claimed and the hourly rate for each supplement or be accompanied by a copy of the hiring notice containing that information. If existing employees were provided training after October 1, 2018, employers are not required to provide this training again to such employees. For a list of key dates for 2020, see our employment law timeline. Expanding the qualifying reasons for leave under the NJFLA, including the need to care for a child due to the closure of the child’s school or place of care due to a public health emergency. Nondisclosure Provisions: Effective May 20, 2020, employers cannot require that an employee, as a term of employment, sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment, discrimination or retaliation in the workplace. Employers are prohibited from terminating or otherwise discriminating against an employee because the employee has filed a complaint for nonpayment of wages, caused to be instituted any proceeding under wage payment laws, or testified or is about to testify in a wage payment law proceeding. The law says employers may not discriminate against workers based on use. Immigrant Discrimination: Effective June 11, 2020, the Washington Law Against Discrimination is amended to prohibit discrimination based on citizenship and immigration status. Employee Classification: Several bills have been enacted that penalize employers for improperly misclassifying employees as independent contractors and inform employees of their rights. Subminimum Wage: Effective June 16, 2020, employers may no longer pay less than the minimum wage to a person because they have a mental or physical disability. 2020 Labor Law Poster Updates: A Guide for Every Business New labor law updates go into effect on January 1st, 2020. In investigating an employee's complaint, if the DOLI has a reasonable belief that the employer failed to pay wages to other employees, the DOLI may expand its investigation. Employers must provide subsequent training at least once every 10 years. SUBSCRIBE. How Should Employers Handle the Future of Remote Work? Employers are not required to train independent contractors but are strongly advised to train independent contractors who work on-site at the employer’s workplace or interact with the employer’s staff. The law allows employers to inquire about prior criminal convictions when: The restrictions do not apply to certain public employers, private schools, and private service providers of direct services specific to the care or supervision of children, young adults, senior citizens or the physically or mentally disabled. Click here to read more about how we use cookies. Organ and Bone Marrow Donation Leave: Effective May 20, 2020, New Jersey's Temporary Disability Benefits Law is expanded to provide job-protected leave to individuals who are unable to work because they are donating an organ or bone marrow. However, the existence of a confidentiality provision does not prohibit the disclosure of information required for a judicial, administrative or other governmental proceeding by subpoena or other applicable order required by law. New wages and paid leave requirements…. This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Employment laws change often, which require labor law posters to be updates. A clause requiring the employer to provide the physician with a copy of any notice to patients regarding the physician’s departure from the employer. While GovDocs keeps an eye on employment laws all 50 states (and Canada), there are four in particular where we anticipate plenty of activity. In addition, the Department of Human Services is expected to develop a training program for use by employers by July 1, 2020. Overtime and Minimum Pay: Effective March 16, 2020, the Colorado Overtime and Minimum Pay Standards (COMPS) Order #36, replacing Minimum Wage Order #35, contains wage and hour changes to include: For additional information regarding this Order, please refer to our firm’s legal update on this Colorado COMPS Order. Employers must train all employees in Illinois, including short-term and part-time employees, and interns. Effective July 1, 2022, employers with 35 or more employees must provide accrual and use of paid leave of up to 56 hours in a year. 2020 Employment Law Update Meal and Rest Breaks Non-Exempt Employees are allowed a 10-minute rest period (break) for every four hours of work or … Home » Connecticut Remote Worker Tax Relief for 2020 Is Now Law Connecticut Remote Worker Tax Relief for 2020 Is Now Law . In addition, individuals excluded from coverage include outside salespersons, members of a religious corporation or organization, certain students, motor carriers and certain camp counselors. Don't throw food in the trash in Vermont, or ask about salary history in New Jersey. Austin, however, has not. Every new year brings new employment laws, and 2020 is no different. Such relocations affect the call center employers' access to state grants, tax benefits and procurement contracts. ), Reports a violation of any federal or state law or regulation to a supervisor, governmental body or law-enforcement official, Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing or inquiry, Refuses to engage in a criminal act or follow an employer's order that violates any federal or state law or regulation, Participates in an investigation into any alleged violation by the employer of federal or state law or regulation, Take certain steps to protect employees from violent or harassing conduct by guests, Limit the workload to reduce frequency and occurrence injuries associated with room cleaning. 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws . For employers with fewer than three employees, employers must provide two hours of sexual harassment training to all supervisors. Effective January 20, 2020, joint liability will be imposed for employee misclassification on labor contractors that provide workers to an employer. The 2020 legislative session was one of the most unusual in recent memory, given the COVID-19 pandemic. New York City Sexual Harassment Training: In New York City’s Commission on Human Rights guidance regarding an amendment to the New York City Human Rights Law (NYCHRL) effective January 11, 2020, which expanded protections under the law to independent contractors and freelancers, employers are now required to provide certain independent contractors and freelancers with sexual harassment prevention training in accordance with the NYCHRL. An applicant does not have to answer any questions about it or provide such information given such records are no longer open for public inspection. Paid Family Leave: Effective July 1, 2020, the maximum duration of paid family leave insurance benefits that an eligible employee may receive during a 12-month period increases to eight weeks (previously six weeks). More states, counties and cities are enacting their own regulations and requirements for employers. Although an employer may generally limit an employee’s use of social media during working hours and the way in which it is used regarding the employer’s business, the employer’s control is limited by the NLRA and applicable state laws. New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Up to 28 hours of paid leave may be used in a year. You are expected to use the time allotted for meal and for rest periods (breaks). WARN: Effective October 1, 2020, employers with 50 or more employees are required to provide written notice at least 60 days prior to the relocation of a part of an employer’s operation from one workplace to another existing or proposed site or the shutting down of a workplace or a portion of the operations of a workplace that reduces the number of employees by at least 25 percent or 15 employees, whichever is greater, over any three-month period. There are also extensive recordkeeping and notice requirements associated with the bill. Effective on January 1, 2020, an employer who fails to pay within 30 days after the due date the costs and fees necessary for arbitration to begin or continue will be in material breach and default of the arbitration agreement and will waive its right to compel arbitration. Arkansas Labor Law Updates. Effective July 1, 2020, the paystub must include sufficient information to enable the employee to determine how the gross and net pay were calculated. Expanding the eligible reasons an employee may collect temporary disability insurance benefits (TDI). In addition, employers are prohibited from requiring an employee to use sick leave or vacation time for an absence from work to serve at a polling place on Election Day or a meeting to determine election results. By Stephen Simpson on 14 Jan 2020 in Gig economy, Collective bargaining, Vicarious liability, Retail, Employee relations, Employment law, Age, Public sector, Information & consultation, Age discrimination, Case law, Trade unions, Data protection, Night work, Minimum wage, Pay settlements, Pay structures, Employment contracts, TUPE. Restraining Order: Effective September 1, 2020, an employer, co-worker or school employee may file a court petition requesting a gun violence restraining order against an employee who poses a significant danger of causing personal injury to others by having in their custody or control, owning, purchasing, possessing or receiving a firearm. Effective January 20, 2020, the New Jersey Department of Labor and Workforce Development is permitted to post a list of wage-law violators on its website. The law says employers may not discriminate against workers based on use. Discrimination: Effective July 1, 2020, the South Dakota Human Rights Act is amended to provide discrimination protections to interns. The Cannabis Act also includes extensive protections for employees. Bernalillo County Paid Leave: Effective July 1, 2020, employers with two or more employees within Bernalillo County must provide paid leave to employees that can be used for any reason. Change at the federal level: White-collar exemption rules. Employers must allow employees to carry over up to 28 hours of unused accrued paid leave to the following year. Fenwick & West LLP + … Unused sick leave must be carried over to the next calendar year, but the employer may limit the amount of sick leave that may be used in a calendar year to 40 hours (employers with fewer than 100 employees) and 56 hours (employers with 100 or more employees). To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. JANUARY 9, 2020. Keep Informed Philadelphia Salary History: Effective February 6, 2020, an injunction was lifted that had blocked part of a 2017 Philadelphia ordinance that would have prohibited employers from asking applicants about their wage history. But we’re going to focus on the local level. current employees by October 29, 2020. As we head toward the holiday season and the end of the year, HR and compliance teams know what looms at the start of 2020 — new employment laws going into effect. State Equality Index 2020 Jump To Section: Download the Report. We summarize some of the key changes to 2020 New York employment laws, and offer some practice pointers, below. But paid sick leave initiatives in three cities that faced challenges in the courts has employers tracking the latest developments. State Scorecards. You may cancel this automatic update program at any time. How law enforcement agencies and the courts enforce and interpret the new wage theft law puts Minnesota on our list of states to watch for employment law next year. Employers should steer away from implementing broad, blanket policies prohibiting the use of social media. Latest Employment Law case updates - Edition 1 2020. In this guidance, we continue to answer frequently asked questions from U.S.-based employers across industries responding to COVID-19. Supreme court decides that real reason for a dismissal decision must be taken into account even if unknown to the dismissing manager. Anti-Discrimination Policy: Effective October 1, 2020, employers are required to adopt an anti-discrimination policy, make it available to employees within the workplace, and provide a copy to new hires and to employees who make a complaint about prohibited discrimination or harassment. Effective June 11, 2020, this paid family and medical leave is further amended regarding waiting periods, supplemental benefit payments, benefits disqualification, conditional waivers, voluntary plan premiums, and enforcement and penalties. Colorado could make our list for several reasons. GovDocs simplifies the complexity of employment law management (ELM) for large, multilocation employers across all industries. Starting Jan. 1, 2020, it will be legal for adults 21 and older to possess small amounts of marijuana in Illinois. Employers must also provide continuation of benefits to affected employees. Agreement, if any, requiring or providing for such supplement, together with information on how copies of such agreements or summaries may be obtained by an employee. The ability of the physician to buy-out the non-compete provision at a reasonable price. While GovDocs keeps an eye on employment laws all 50 states (and Canada), there are four in particular where we anticipate plenty of activity. Samira Ahmed wins equal pay claim against BBC. Effective July 1, 2020, the maximum duration for family leave insurance benefits is 12 weeks (previously six weeks) or 56 days (previously 42 days) taken on an intermittent basis. In addition, the act requires the Labor Commissioner to keep a list of call center employers that have relocated out of state, which will be available on the New York State Department of Labor website. Effective January 2021, Washington’s minimum salary will exceed the FLSA amount by rising to approximately $827 per week (or $43,004 per year for employers with 50 or fewer employees and to approximately $965 per week (or $50,180 per year) for employers with more than 50 employees. Refusing to hire or otherwise retaliate against an applicant who fails to disclose his or her salary history to a prospective employer. Noncompete Agreement: Effective July 1, 2020, employers are prohibited from entering into, enforcing or threatening to enforce a covenant not to compete against low-wage employees (i.e., employees who earn less than the average weekly wage in Virginia). DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Wage Disclosure: Effective July 1, 2020, employers are prohibited from discharging or retaliating against an employee for inquiring about, discussing with, or disclosing to another employee any information about either the employee's own or another employee's wages or other compensation, or filing a related complaint with the Department of Labor. Microchip Implantation: Effective July 1, 2020, employers are prohibited from requiring current and prospective employees to undergo microchip implantation as a condition of employment or receiving additional compensation or benefits. The cost of living in the state varies widely by region, and the minimum wage bill was aimed at giving cities more flexibility to address the employment needs of residents. Expanding the list of qualifying reasons for use of paid sick leave. Salary History: Effective October 1, 2020, employers must provide job applicants with a wage range for their potential position upon request. Suffolk County Criminal Background: Effective August 25, 2020, employers with 15 or more employees are prohibited from inquiring about a job applicant's prior criminal convictions during the application process or before a first interview. Voting Leave: Effective April 3, 2020, New York’s voting leave law is amended (reversing most of the amendments effective April 12, 2019) to require an employer to provide up to two hours of paid voting leave. A comprehensive legal and HR compliance update is absolutely essential for keeping up with ever-changing laws and regulations. By continuing to browse this website you accept the use of cookies. Six employment law cases that will shape 2020. However, such provisions are permitted when an aggrieved employee voluntarily requests to sign a nondisclosure, nondisparagement or no-rehire agreement and will have seven days to revoke the agreement and/or if an employer makes a good faith determination that an employee has engaged in discriminatory conduct prohibited by Oregon law, including sexual assault. 1. Toledo Salary History: Effective June 25, 2020, employers with at least 15 employees are prohibited from any of the following: However, employers may discuss salary and benefit expectations with applicants. The ability for the departed physician to obtain medical records from the employer for patients who provide authorization. October 24, 2019 | Daniel A. Thompson. Criminal Background: Effective January 1, 2020, employers with 15 or more full-time employees are prohibited from requiring applicants to disclose whether they have a criminal record or have had criminal accusations brought against them before the first in-person interview and/or retaliating or discriminating against an applicant or employee for claiming a violation of the law. Oakland Hotel Worker Safety Protections: Effective July 1, 2020, ballot Measure Z creates the Department of Workplace and Employment Standards to enforce these protections. Here are 7 state law changes for 2020. Nondisclosure Agreement: Effective October 1, 2020, employers are restricted from entering into nondisclosure or nondisparagement agreements at the time of hiring and during settlement and severance negotiations that prevents the employee from disclosing or discussing discrimination or sexual assault. Dallas Paid Sick Leave: This ordinance that went into effect on August 1, 2019 for employers with more than five employees, has been blocked effective March 30, 2020 in a lawsuit contesting its legality. Similar to employees and interns, independent contractors must receive this training if they work for an employer of 15 or more people, work more than 80 hours in a calendar year and work for at least 90 days. There are some big changes employers need to know about at the federal, state and local levels. Related: Chicago’s New Predictive Scheduling Law Paid Leave Benefits: Effective July 1, 2020, employees may access paid leave benefits beginning July 1, 2020. Scheduling Law: Effective July 1, 2020, covered employers must post the written work schedule at least 14 calendar days (previously seven calendar days) before the first day of the work schedule. New Legislation for Illinois Employers - 2020 Legal Updates. On March 4, 2021, Governor Ivey extended the Safer at Home Order until Friday, April 9. Effective April 1, 2020, employers are required to post notices in the workplace to inform workers of their rights under the state's classification laws. As we begin 2020, it is as important as ever for employers to review their current policies to confirm they are complying with new laws. The credit is equal to 25% of the employee's salary during the time missed from work, for up to 30 days of missed work for each donation. Employers can inquire about an applicant's criminal background during the first in-person interview. Eliminating the seven-day waiting period for collecting TDI for sickness related to an epidemic. Update or create whistleblower policies and procedures to: Ensure consistency with the new categories of protected whistleblower activity (including protecting an employee who “in good faith reports a violation of any federal or state law … By Louis B. Schatz & Elva M. Saltzman on March 8, 2021. Previously, the Virginia Department of Labor and Industry (DOLI) stated that enforcement of the hours worked requirement would be delayed until July 1, 2020 for salaried, piece work and other employees not traditionally paid on an hourly basis. Whistleblower Protection: Effective July 1, 2020, employers are prohibited from retaliating against an employee because the employee: Criminal Background: Effective July 1, 2020, employers are prohibited from requiring job applicants to disclose information concerning any arrest, criminal charge or conviction for possession of marijuana. Knowing labor and employment law in general isn't enough. Employees may sue individually, jointly or in a collective action. An employer may develop its own training program or use that of a third party that includes the minimum requirements. The policy must include: The Oregon Bureau of Labor & Industries’ site contains a model policy for employers to use. State and local governments are increasingly regulating the workplace. Screening applicants based on their current or prior wages, benefits, other compensation or salary histories. Check with the applicable employment-related agencies in your state to get the full details, or consult your legal advisor to ensure you’re compliant with all the laws that apply to your business. Requirement that employers provide employees access to required records of their daily hours and a statement of their occupation through either each pay period's earnings statements (previously mandatory, but now optional), online access to the information (if the employer knows that the employee has an email address) or annually by each January 31st, as well as upon a request that an employee can make once per year. Leaves of Absences Update • Erick J. Becker, Cummins & White. However, after an initial offer of employment with a compensation offer has been made to an applicant, an employer may confirm and rely on voluntarily provided wage history to support a wage offer higher than initially offered, as long as the higher wage does not create an unlawful pay differential based on sex or gender identity. 1-888-273-3274. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. But as the new year progresses, we expect cities to begin considering (and likely setting) their own rates. Plus, when you purchase posters with GovDocs Update Service, you ensure your locations automatically receive updated posters whenever changes occur. We’ve tried to hit the major 2020 updates, but this is a general round-up only that may not include everything your business needs to know for the year ahead. Employers must also provide reasonable accommodations for employees that are pregnant or have related conditions, including providing lactation breaks. On March 4, 2021, Governor Lamont signed H.B. Sexual Harassment Training: By October 1, 2020, employers must provide sexual harassment training as follows: For employers with three or more employees, employers must provide two hours of sexual harassment training to all employees. The GovDocs Poster Store simplifies the complexity of posting compliance for employers with less than 30 locations across all industries.
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