HR Newsletter

January 1, 2021

• Alaska increases minimum wage. The minimum wage increases to $10.34 per hour.

January 1, 2021

• Arizona increases minimum wage. The minimum wage increases to $12.15 per hour.
• Flagstaff, AZ increases minimum wage. The minimum wage increases to $15.00 per hour.

January 1, 2021

• Arkansas increases minimum wage. The minimum wage increases to $11.00 per hour.

September 4, 2020

• California expands use of ABC test for independent contractors. California clarifies and broadens the exceptions to the ABC test for determining whether a worker is an independent contractor or an employee.

September 30, 2020

• California adopts emergency CalSavers program rule. The emergency rule removes a feature under which eligible employees who previously opted out of the state-run retirement program are subjected again to automatic enrollment. The rule also amends the type of information employers must provide when registering for and adding employees to the program.

January 1, 2021

• California increases minimum wage. The minimum wage increases to $13.00 per hour for employers with 25 or fewer employees and $14.00 per hour for employers with 26 or more employees.
• Other California cities increase minimum wage. A number of cities in California have announced their 2021 minimum wage rates, and others have yet to announce an increase. Visit our Year-End Guide for details.
• California expands protections for crime victims. California amends its domestic violence leave law to extend to victims of a crime.
• California mandates certain employees as reporters for child abuse and neglect. Human resource employees are now considered mandated reporters of child abuse and neglect and must receive training on identifying and reporting such abuse if they work for a business with 5 or more employees, and the business employs minors.
• California exempts certain employees from harassment training. Initial sexual harassment training is due January 1; however, employees who have received training that complies with the law from any employer within the last two years are exempt. These employees must receive refresher training every two years based on when the employee last completed their training.
• California expands family leave law. The law expands the California Family Rights Act to cover employees working for businesses with five or more employees.
• California prohibits retaliation for businesses that provide consumer financial products. Such businesses are prohibited from taking adverse action against an employee for filing a claim under any consumer financial law or refusing to participate in any activity reasonably believed to be in violation of the law.
• California clarifies the state's kin care law. For the purposes of an employee's use of accrued sick leave, it is at the employee's sole discretion as to whether to designate the leave as sick leave for themselves or for their family members (kin care). The law is intended to address employers who were counting leave as kin care without the employee's consent even when the employee was taking the leave for their own illness.

January 1, 2021

• Colorado increases minimum salary required for overtime exemption. The minimum weekly salary required to qualify for the executive/supervisor, administrative, and professional exemptions under state law will increase to $778.85.
• Colorado enacts equal pay law. The law prohibits employers from paying an employee less than another employee of a different sex for substantially similar work. The law also prohibits employers from seeking an applicant's pay history and requires employers to disclose the hourly rate, salary, or pay range and a general description of benefits of the position in all job postings.

September 1, 2020

• Connecticut increases minimum wage. The minimum wage increased to $12.00 per hour.

January 1, 2021

• Florida increases minimum wage. The minimum wage increases to $8.65 per hour.
• Florida requires E-Verify. In addition to completing Form I-9, employers must verify a new hire's authorization to work in the United States by using the E-Verify system or requiring the same documentation required for the federal I-9 and retaining a copy of the documentation for at least three years.

January 1, 2021

• Georgia limits garnishments on private student loans. The maximum portion of disposable earnings that is subject to garnishment cannot exceed the lesser of 15% of disposable earnings for that week or the amount by which disposable earnings for that week exceed $217.50.

September 15, 2020

• Hawaii enacts additional sexual harassment protections. Employers are prohibited from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault. Employers are also prohibited from requiring an employee to enter into, as a condition of employment, a nondisclosure agreement that prevents the employee from discussing workplace harassment.
• Hawaii further restricts criminal background checks. Employers are limited to considering an applicant's criminal conviction record from the most recent seven years for felony convictions and five years for misdemeanor convictions.

January 1, 2021

• Hawaii amends certification rules for domestic violence leave. Employers are permitted to seek certification of the need for domestic violence leave or reasonable accommodations. Certification may include specific documentation from authorities, health professionals, or the court system.

January 1, 2021

• Illinois increases minimum wage. The minimum wage increases to $11.00 per hour.

January 1, 2021

• Maine requires paid leave. Employers with more than 10 employees must provide employees with paid leave for any purpose. Final rules and guidance have recently been issued to clarify various aspects of the law.
• Maine requires annual sexual harassment prevention notice (reminder). Employers must provide employees with a sexual harassment prevention notice annually.
• Maine increases minimum wage. The minimum wage increases to $12.15 per hour.

October 1, 2020

• Maryland amends Mini-WARN law. Maryland employers with 50 or more employees must provide 60 days' written notice before initiating a reduction in operations.
• Maryland bans hairstyle discrimination. Maryland employers cannot discriminate against individuals because of hair texture and protective hairstyles.
• Maryland expands equal pay protections. Maryland employers may not seek an applicant's pay history and must provide an applicant, upon request, the pay range for the position for which they're applying. Employers are also prohibited from taking adverse action against an employee for inquiring about their own wages.
• Maryland prohibits using facial recognition. Maryland employers are prohibited from using facial recognition services during an interview unless the applicant consents.

January 1, 2021

• Maryland increases minimum wage. The minimum wage increases to $11.60 per hour for employers with fewer than 15 employees and $11.75 per hour for employers with 15 or more employees.

January 1, 2021

• Massachusetts increases minimum wage. The minimum wage increases to $13.50 per hour.
• Massachusetts requires annual sexual harassment policy (reminder). Employers must provide employees with a copy of their sexual harassment policy annually.
• Massachusetts requires paid family and medical leave (PFML). All employers must provide PFML to eligible employees. The program is funded by premiums paid by employees, employers with 25 or more employees, and the self-employed. Massachusetts has recently issued amended regulations implementing the program.
• Massachusetts decreases premium pay rate for certain workers. Retail establishments with seven or more employees (including the owner) must pay a premium for work on Sundays and some legal holidays. This premium is currently being phased out and decreases to 1.2 times the employee's regular rate on January 1, 2021.

January 1, 2021

• Michigan increases minimum wage. The minimum wage increases to $9.87 per hour.

January 1, 2021

• Minnesota increases minimum wage. The minimum wage increases to $10.08 per hour for businesses with annual gross revenues of $500,000 or more, and $8.21 per hour for all other employers.

January 1, 2021

• Missouri increases minimum wage. The minimum wage increases to $10.30 per hour.

January 1, 2021

• Montana increases minimum wage. The minimum wage increases to $8.75 per hour.

January 1, 2021

• New Jersey increases minimum wage. The minimum wage increases to $11.10 per hour for employers with fewer than six employees and $12.00 per hour for employers with six or more employees.
• New Jersey requires annual CEPA notice (reminder). Employers with 10 or more workers must provide employees with the Conscientious Employee Protection Act ("Whistleblower Act") notice annually.
• New Jersey requires annual gender-equality notice (reminder). Employers with 50 or more employees must provide a notice advising employees of their right to gender equality annually.

January 1, 2021

• New Mexico increases minimum wage. The minimum wage increases to $10.50 per hour.

September 30, 2020

• New York City amends the Earned Sick and Safe Time Act (ESSTA). The ESSTA now better aligns with the New York State Paid Sick Leave (NYPSL) law. The amendments make changes to covered employees, accrual rate and caps, and employer pay statement requirements.

December 31, 2020

• New York phases out tip credit. New York employers with workers covered by the Miscellaneous Industries and Occupations Wage Order will no longer be permitted to apply a tip credit. Covered employers will be required to pay these workers the full minimum wage per hour.
• New York increases minimum wage. The minimum wage increases at varying rates based on location and industry:
  
  • $15 per hour (New York City)
  • $14 per hour (Long Island & Westchester)
  • $12.50 per hour (Remainder of New York State)
  • $14.50 per hour (Fast Food Workers Outside NYC)
• New York increases minimum salary requirements. The minimum salary for the executive and administrative exemptions under state law will increase to $1,050 per week in Nassau, Suffolk, and Westchester Counties, and $937.50 per week for other New York counties outside New York City.

January 1, 2021

• New York requires sick leave for all employees. Employees must accrue at least one hour of sick time for every 30 hours worked starting on September 30, 2020. Employers must permit employees to begin using leave on January 1, 2021. The amount of leave an employee can take per year and whether it is paid or unpaid depends on the size of the business and its net income in the previous tax year.

January 1, 2021

• Ohio increases minimum wage. The minimum wage increases to $8.80 per hour for businesses with annual gross receipts of $323,000 or more.

October 1, 2020

• Oregon requires written sexual harassment policy. Oregon employers must adopt a written anti-harassment policy that meets specific criteria. The policy must also be provided to employees upon hire.

October 7, 2020

• Pennsylvania requires E-Verify for the construction industry. Construction industry employers in Pennsylvania are required to use the federal E-Verify program to confirm that new hires are authorized to work in the United States.

October 1, 2020

• Rhode Island increases minimum wage. The minimum wage increased to $11.50 per hour.

January 1, 2021

• South Dakota increases minimum wage. The minimum wage increases to $9.45 per hour.

October 1, 2020

• Tennessee requires pregnancy accommodations. Employers with 15 or more employees must provide reasonable accommodations for pregnancy, childbirth, or related medical conditions.

January 1, 2021

• Vermont increases minimum wage. The minimum wage increases to $11.75 per hour.

January 1, 2021

• Washington increases minimum salary to be exempt from overtime. For employers with 50 or fewer employees, the minimum salary threshold increases to $827 per week. For employers with 51 or more employees, the minimum salary requirement increases to $965.
• Washington increases minimum wage. The minimum wage increases to $13.69 per hour.
• Seattle increases minimum wage. Seattle employers must pay non-exempt employees who work in Seattle at least $16.69 per hour. If the employer has 500 or fewer employees and pays at least $1.69/hour towards the employee's medical benefits and/or tips, the minimum wage is $15.00 per hour.