Fall 2021 HR Compliance Calendar
Below is a summary of compliance requirements that took effect recently or will take effect soon.
Note: This Compliance Calendar covers January 1, 2022 minimum wage increases for all applicable states. Some cities and counties set their own minimum wages that will also increase. Check your local laws to confirm compliance.
September 28, 2021
- The U.S. Department of Labor (DOL) rescinds joint-employer test. The DOL has issued a final rule to rescind regulations that established a new test for joint employment under the federal Fair Labor Standards Act.
September 29, 2021
- Arizona prohibits pregnancy discrimination. Arizona makes clear that discrimination based on pregnancy, childbirth, or related conditions is prohibited under state law.
January 1, 2021
- Arizona increases minimum wage. The minimum wage increases to $12.80 per hour.
September 30, 2021
- California's requirement for COVID-19 supplemental paid sick leave expires. California required employers with more than 25 employees to provide COVID-19 supplemental paid sick leave until September 30, 2021.
January 1, 2022
- California increases minimum wage. The minimum wage increases to $15 per hour for employers with 26 or more employees and $14 per hour for employers with 25 or fewer employees.
- California increases the minimum salary required for overtime exemptions. For employers with 26 or more employees, the minimum salary requirement for the administrative, professional, and executive exemptions will increase to $1,200 per week. For smaller employers, the minimum salary requirement for these exemptions increases to $1,120 per week
- California expands leave protections. California expands leave protections for employees who are victims of domestic violence, sexual assault, or stalking and employees who are victims of a crime.
- California extends recordkeeping period. California extends the minimum recordkeeping period to four years for records retained under its nondiscrimination law.
- California prohibits piece-rate pay for garment workers. California has enacted legislation that prohibits employers from paying garment workers by piece-rate.
September 1, 2021
- Colorado restricts criminal history inquiries. Colorado prohibits employers with 10 or fewer employees from inquiring about an applicant's criminal history on an initial application. Larger employers were already covered by the law.
January 1, 2022
- Colorado proposes increase to minimum wage. Colorado has proposed increasing the minimum wage to $12.56 per hour. A final decision on the proposal is expected in November.
- Colorado increases the minimum salary required for overtime exemption. The minimum salary requirements for the executive/supervisor, administrative, and professional exemptions from overtime increase to $865.38 per week.
- Colorado extends paid sick leave requirement. Employers with 15 or fewer employees must provide paid sick leave. Larger employers are already subject to the requirement.
October 1, 2021
- Connecticut expands equal pay requirements and protections. Connecticut requires employers to, among other things, provide applicants with the wage range for positions.
- Connecticut expands lactation break requirements. Connecticut expands the state's requirements for providing lactation breaks to employees.
- Connecticut prohibits age-related inquiries on application forms. Connecticut expressly prohibits employers from asking applicants age-related related questions on application forms.
January 1, 2022
- Connecticut expands family and medical leave, adopts paid leave program. Connecticut expands the state FMLA program to: cover more employers, lower the eligibility threshold, and cover additional family members, among other things.
October 1, 2021
- Delaware increases minimum wage. The minimum wage increases to $10.50 per hour.
October 1, 2021
- The District of Columbia expands paid family leave program. Changes to the program include, among other things, increasing the maximum duration of paid medical leave benefits to six weeks and providing paid prenatal medical care benefits for up to two weeks.
September 30, 2021
- Florida increases minimum wage. The minimum wage increases to $10 per hour.
January 1, 2022
- Illinois increases minimum wage. The minimum wage increases to $12 per hour.
- Illinois adds reporting requirements for employers using AI for video interviews. Illinois requires employers to collect and report certain demographic data to the state if they rely solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview.
- Illinois clarifies protection against disability discrimination. Illinois expressly prohibits employers from discriminating against applicants and employees because of their association with an individual who has a disability.
- Illinois expands leave requirements. Illinois expands leave requirements and other protections under the Victims' Economic Security and Safety Act.
- Illinois expands Secure Choice requirements. Illinois expands requirements related to the Illinois Secure Choice program to smaller employers.
October 18, 2021
- Maine expands discrimination law. Maine prohibits employers from discriminating against applicants and employees based on their familial status, gender identity, or status as a domestic violence victim who seeks or receives an order of protection.
- Maine expands family and medical leave. Maine expands the state's family and medical leave law to also allow employees to take leave for their grandchild or their domestic partner's grandchild with a serious health condition.
- Maine further limits deductions. Maine further limits deductions after an employer mistakenly overpays an employee.
- Maine restricts criminal history inquiries. Maine prohibits employers from requesting criminal history record information on an initial employee application form.
January 1, 2022
- Maine increases minimum wage. The minimum wage increases to $12.75 per hour.
- Maine increases the minimum salary required for overtime exemption. The minimum salary requirement for the administrative, professional, and executive exemptions increases to $735.59 per week.
- Maine narrows who qualifies for tip credits. Maine increases the amount in tips that an employee must receive to be considered a service employee and qualify for the tip credit to $100 per month.
October 1, 2021
- Maryland amends, clarifies mini-WARN requirements. Maryland amends and clarifies requirements for notifying the state and workers before reductions in operations.
- Maryland expands Flexible Leave Act to cover bereavement. Maryland expands the state's Flexible Leave Act to cover bereavement.
January 1, 2022
- Maryland increases minimum wage. The minimum wage increases to $12.20 per hour for employers with fewer than 15 employees and $12.50 per hour for employers with 15 or more employees.
October 1, 2021
- Massachusetts extends, expands COVID-19 emergency paid sick leave requirements. Massachusetts' EPSL requirement was set to end on September 30, 2021 but was extended. Employees may also now use the leave to care for a family member who obtains the COVID-19 vaccine.
January 1, 2022
- Massachusetts increases minimum wage. The minimum wage increases to $14.25 per hour.
- Massachusetts continues to phase out premium pay rule. Retail establishments with more than seven employees, including the owner, must pay at least 1.1 times an employee's regular rate of pay (down from 1.2 in 2020) for work on Sundays, Memorial Day, Juneteenth, Independence Day, and Labor Day. The same rate (1.1) will also apply to all retail establishments for work performed on New Year's Day, Columbus Day, and Veterans Day.
January 1, 2022
- Michigan increases minimum wage. The minimum wage will increase to $9.87 per hour unless the state's unemployment rate for 2021 is 8.5% or higher.
January 1, 2022
- Minnesota increases minimum wage. The minimum wage increases to $10.33 per hour for large employers (those with annual gross revenue of $500,000 or more) and $8.42 per hour for smaller employers.
- Minnesota expands pregnancy & lactation accommodation laws. Minnesota expands a requirement to provide reasonable accommodations for pregnant employees to cover employers with 15 or more employees.
August 28, 2021
- Missouri requires domestic violence leave. Missouri employers with 20 or more employees must provide unpaid leave and reasonable safety accommodations to employees who are victims of domestic violence.
January 1, 2022
- Missouri increases minimum wage. The minimum wage increases to $11.15 per hour.
January 1, 2022
- Montana increases minimum wage. The minimum wage increases to $9.20 per hour.
October 1, 2021
- Nevada adds kin care leave law. Nevada requires employers to let employees use accrued sick leave to care for an immediate family member.
- Nevada bans salary history inquiries. Nevada prohibits employers from taking certain actions relating to an applicant's salary history.
- Nevada enacts training and employment notice requirements. Nevada requires employers to post notices concerning the state's job training and employment programs.
- Nevada requires gender-neutral restrooms. Nevada requires employers to designate single-occupancy restrooms as gender-neutral.
January 1, 2022
- New Jersey increases minimum wage. The minimum wage increases to $13 per hour for employers with six or more employees and $11.90 per hour for employers with five or fewer employees.
January 1, 2022
- New Mexico increases minimum wage. The minimum wage increases to $11.50 per hour.
December 31, 2021
- New York increases the minimum salary required for overtime exemption. The minimum salary requirement for the executive and administrative exemptions for Nassau, Suffolk, and Westchester counties increases to $1,125 per week. For any other part of the state, except New York City, the state has proposed increasing the minimum salary requirement for these exemptions to $990 per week. A final decision on the proposal is expected soon. For New York City, the minimum salary requirement for these exemptions remains $1,125 per week.
- New York increases minimum wage. The minimum wage for Nassau, Suffolk, and Westchester counties increases to $15 per hour. The minimum wage in the remainder of the state, except for New York City and fast-food workers, increases to $13.20 per hour.
January 1, 2022
- Ohio increases minimum wage. The minimum wage increases to $9.30 per hour.
January 1, 2022
- Oregon bans hairstyle discrimination. Oregon bans hairstyle discrimination in the workplace and expressly prohibits discriminating against an employee on the basis of physical characteristics that are historically associated with race.
- Oregon prohibits driver's license discrimination. Oregon prohibits an employer from requiring an employee or prospective employee to possess or present a valid driver's license as a condition of employment or continued employment.
- Oregon amends family leave act. Oregon permanently amends the OFLA to allow covered employees to take childcare leave during a public emergency.
January 1, 2022
- Rhode Island increases minimum wage. The minimum wage increases to $12.25 per hour.
January 1, 2022
- South Dakota increases minimum wage. The minimum wage increases to $9.95 per hour.
September 1, 2021
- Texas expressly prohibits sexual harassment. Texas amends its nondiscrimination law to expressly prohibit sexual harassment in the workplace.
October 11, 2021
- Texas bans employer COVID-19 vaccine mandates. Texas issued an executive order that prohibits employers in Texas from requiring individuals to receive a COVID-19 vaccine. Texas employers should consult legal counsel to discuss the impact of the Order on their vaccination policies and practices.
January 1, 2022
- Vermont increases minimum wage. The minimum wage increases to $12.55 per hour.
January 1, 2022
- Virginia increases minimum wage. The minimum wage increases to $11 per hour.
January 1, 2022
- Washington increases minimum wage. The minimum wage increases to $14.49 per hour.
- Washington creates long-term-care program. Washington requires employers to withhold employee premiums via payroll deductions and remit them to the state Employment Security Department for the state's long-term-care program.
- Washington increases the minimum salary required for overtime exemption. The minimum salary requirement for the administrative, professional, and executive exemptions from overtime increases to $1,014.30 per week.
