May 13, 2021

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Employment Regulations: Equivalent Shell out, Min Wage & Much more in Cali

As we (fortunately) attain the stop of 2020, we wished to deliver a calendar year-conclusion update on the latest and impending state legislation developments.  Inspite of the point that state and neighborhood governments experienced their arms full with the COVID-19 pandemic (and passed several rules relating to that matter, which we will not cover below), they managed to crank out an spectacular variety of non-COVID-connected employment laws.

As generally, now is a very good time for employers to get a deep breath, glance around, evaluate their insurance policies for compliance, and make any essential updates to their handbooks, shell out procedures, and administration for the new yr.

Presented the huge variety of updates, we have arranged by condition, fairly than by topic, but will observe that necessary paid go away legislation and being pregnant/lactation accommodation legislation were among the the most common sorts of legislation passed this year.  Heading into 2021, we anticipate additional of the identical, as perfectly as ongoing growth of equivalent spend regulations, anti-harassment and discrimination rules, and ongoing will increase to minimal wage prerequisites.

One exception to the point out-by-point out updates below—minimum wage hikes! With the federal least wage standing pat at $7.25 for every hour, condition and neighborhood governments are foremost the charge to greater least wage costs.  Our up to date least wage chart is available here.   Employers should really also hold tabs on states wherever the white collar exemption income threshold for overtime compensation exceeds the federal salary degree of $35,568 for 2020, this contains Alaska, California, Colorado, Maine, New York, Pennsylvania (helpful Oct 2021), and Washington.

California

  • Compact employers, get completely ready! Powerful January 1, 2021, the SB-1383 amendments to the California Household Legal rights Act (CFRA) go into impact. Most appreciably, the amendments extend the CFRA to include companies of 5 or extra workers. Also underneath the amendments extend the definition of family members member to involve grandparents, grandchildren, grownup kids, siblings and other spouse and children associates with major medical ailments.  This suggests that it is now a lot more probably that an staff could just take up to 24 months of go away in a 12-month time period if they are eligible less than the FMLA and CFRA (e.g., 12 months of leave to treatment for a grandparent beneath the CFRA then 12 months of leave for their personal serious overall health problem below the FMLA).  There are quite a few other modifications, so almost all California employers will have to revise their guidelines to account for these amendments.

  • Productive January 1, 2021, California’s Paid Family members Go away will grow to include things like qualifying exigency leave.

  • California has also revised its Kin Care Regulation (which essentially permits an worker to use any employer-furnished paid sick go away for applications of caring for unwell household customers) to make clear that it is up to the employee no matter whether or not to use their accrued sick depart to care for a ill family members member. The change will become powerful on January 1, 2021.

  • In addition, California has amended the Truthful Opportunity Act regulations governing felony background checks and the hiring course of action these adjustments turned successful on October 1, 2020. The amended laws state that an “applicant” now contains people today who start out get the job done right before, but are continue to issue to the employer’s review of their legal historical past.  Additionally, the scope of the Fair Probability Act was expanded, necessitating labor contractors and union hiring halls to comply with set up rules in deciding on workers for pool or availability lists.

  • California also expanded its legislation offering protections to victims of domestic violence, sexual assault and stalking to provide protections to employees who are a sufferer of a crime that prompted physical personal injury or induced psychological damage and a danger of bodily personal injury or an fast household member of an specific who died as the immediate final result of a criminal offense. The changes go into impact on January 1, 2021.

  • Last but not least, California businesses of 100 or extra staff members have right up until March 31, 2021 to comply with the state’s pay back information reporting requirement and post their pay back facts to the Section of Good Employment and Housing. Added facts is available listed here.

Colorado:

  • Colorado was one particular of the to start with states to provide for COVID-similar paid leave for staff. Soon thereafter, Colorado Governor Jared Polis signed the Balanced Family members and Workplaces Act into legislation.  The Act presently gives for COVID-connected paid go away, on the other hand, efficient January 1, 2021, it will have to have companies with 16 or far more workforce to supply general paid out sick depart to employees (all other companies have until eventually January 1, 2022 to comply).  Underneath the Act, workforce can accrue and use up to 48 hrs of unwell depart for every 12 months.  Sick depart can be employed for a wide range of specified reasons relating to the employee’s or their relatives members’ health issues, damage or require for healthcare treatment, school or business enterprise closures, or for specified explanations associated to domestic violence, sexual assault or harassment.  Up to 48 hours of unused ill go away can be carried in excess of to the up coming calendar year, but unused sick depart does not have to paid out on termination of work.  Even though the Act in large section mirrors ill leave regulations in other jurisdictions, it also has a general public overall health unexpected emergency depart component, pursuant to which staff can consider up to 80 further several hours of paid depart.  Businesses need to notify staff members of their legal rights under the Act the delivered poster is available right here.

  • Also effective January 1, 2021 is the Equivalent Spend for Equal Get the job done Act, which, along with Equal Pay back Transparency Regulations, expands on existing prohibitions on sexual intercourse-centered fork out discrimination. Under the new legislation, all position postings should include disclosure of payment and a description of gains presented with the situation.  Inside marketing options ought to also incorporate this facts and ought to be declared to current workers.

  • In addition, Colorado has joined other jurisdictions in banning natural hair discrimination, successful September 14, 2020 companies simply cannot discriminate towards workforce dependent on hair texture or form or hairstyles related with race such as braids, locs, cornrows, Afros, and headwraps.

Connecticut:

  • The deadline for businesses to comply with Connecticut’s sexual harassment instruction necessities has been extended to February 9, 2021. Under the state’s Time’s Up Act, companies with 3 or far more workers must supply sexual harassment instruction to all workforce and all companies will have to present these kinds of training to supervisory staff members.  Far more data can be found listed here.

  • Beginning on January 1, 2021, businesses need to start off withholding worker contributions to the Connecticut Paid out Depart Authority in relationship with the Connecticut Compensated Family members and Professional medical Leave program workers are scheduled to be eligible to acquire benefits under the application beginning on January 1, 2022.

Georgia enacted a new regulation necessitating all businesses to provide paid out breastfeeding breaks to employees.  The regulation also requires that companies present a personal locale, other than a restroom, where by workers can convey breast milk at the worksite.  The legislation went into influence on August 11, 2020.

Hawaii:

  • Hawaii expanded its Relatives Go away law by offering a wide definition of “sibling” and enabling staff to consider go away to care for grandchildren. The alterations went into result on July 1, 2020.

  • Hawaii also narrowed the scope of its “ban the box” regulation, shortening the lookback time period to more limit the prior period of time employers can inquire into and consider conviction documents. This timeframe was diminished from 10 several years to seven a long time for felony convictions and 5 years for misdemeanor convictions, excluding periods of incarceration.  These variations went into outcome on September 15, 2020.

Portion Two of our calendar year-stop State Regulation Spherical-Up will be posted shortly, with updates for Illinois through Washington, D.C.


© Copyright 2020 Squire Patton Boggs (US) LLP
Countrywide Regulation Evaluate, Volume X, Amount 350