Spring 2021 HR Compliance Calendar
Below is a summary of compliance requirements that took effect recently or will take effect soon.
April 7, 2021
- DOL publishes COBRA subsidy guidance. The DOL published new forms and guidance to address the new COBRA subsidy provided under the American Rescue Plan Act.
April 26, 2021
- EEO-1 reporting portal opens. Employers with 100 or more employees and federal contractors with 50 or more employees and a federal contract of $50,000 or more have until July 19, 2021 to file both 2019 and 2020 reports.
April 30, 2021
- DOL adopts final rule on tipped employees. Among other things, the final rule changes the circumstances in which employers can use tip credits and incorporates a new recordkeeping requirement for employers that don't take a tip credit but collect employees' tips to operate a mandatory tip pool. Note: The DOL has recently proposed changes to the rule. Watch for further developments.
May 7, 2021
- DOL adopts new independent contractor test. The DOL's final rule changes the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act. The final rule uses five core factors to determine whether the worker is dependent on a particular individual, business, or organization for work. Note: The DOL has recently proposed rescinding the rule. Watch for further developments.
March 4, 2021
- California publishes new vaccine guidance. The California Department of Fair Employment and Housing has published new guidance addressing workplace vaccination policies and practices, among other topics.
March 29, 2021
- California requires COVID-19 supplemental leave. California requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave to employees. The leave requirement applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021.
March 31, 2021
- California requires pay data reporting by certain employers. Covered employers must provide California's Department of Fair Employment and Housing with pay data by specified job categories, race, ethnicity, and sex. The reports are due on an annual basis, starting March 31, 2021, for calendar year 2020.
June 30, 2021
- San Jose extends COVID-19 paid sick leave ordinance. The city of San Jose has adopted an emergency ordinance that extends a requirement for employers to provide COVID-19 paid sick leave to employees through June 30, 2021. The ordinance also expands the paid sick leave requirement to all employers. Previously only employers that were not subject to the Families First Coronavirus Response Act (FFCRA) were required to provide such leave.
July 1, 2021
- Minimum wage increases. Several cities in California have minimum wage increases effective July 1, 2021. Check your local law to ensure compliance.
Hazard Pay Requirements
- California cities enact hazard pay requirements. Several cities and counties in California have approved ordinances that require certain employers to provide hazard pay to grocery store or drug store employees.
March 4, 2021
- Connecticut bans hairstyle discrimination. Connecticut employers cannot discriminate against individuals because of hair texture and protective hairstyles.
April 13, 2021
- Delaware bans hairstyle discrimination. Delaware has enacted legislation that expressly prohibits employers from discriminating against individuals based on hair texture and protective hairstyles.
July 1, 2021
- The District of Columbia increases minimum wage. The minimum wage increases to $15.20 per hour.
March 1, 2021
- Illinois issues COVID-19 vaccine guidance. Illinois has provided guidance on providing pay, leave, and flexibility so employees can get the COVID-19 vaccination.
March 23, 2021
- Illinois restricts use of criminal records. Illinois has enacted legislation that restricts the use of conviction records for employment purposes.
July 1, 2021
- Chicago increases minimum wage. The minimum wage increases to $14.50 per hour for employers with 20 or fewer employees and $15 per hour for larger employers.
June 28, 2021
- Kentucky expands leave entitlement for adoptive parents. Kentucky has enacted legislation that amends and expands a state law that requires employers to provide leave to adoptive parents.
March 1, 2021
- Michigan continues hazard pay for direct care workers. Michigan has enacted legislation that will provide funding to continue and expand hazard pay for direct care workers. Eligible direct care workers are entitled to $2.25 per hour in hazard pay from March 1, 2021, through September 30, 2021.
July 1, 2021
- Minneapolis increases minimum wage. The minimum wage increases to$12.50 per hour for employers with 100 or fewer employees and $14.25 per hour for larger employers.
- St. Paul increases minimum wage. The minimum wage increases to $10.00 per hour for employers with five or fewer employees or $10.08 if revenue is $500,000 or more; $11.00 per hour for employers with six to 100 employees; and $12.50 for larger employers.
July 1, 2021
- Nevada increases minimum wage. The minimum wage increases to $9.75 per hour (or $8.75 per hour for employees who receive qualifying health benefits).
March 2021
- New Jersey issues vaccination guidance. New Jersey has released guidance clarifying that employers may generally require their employees to receive COVID-19 vaccinations to return to the workplace. There are exceptions for an employee's disability or sincerely held religious belief, or when their physician has advised otherwise.
March 1, 2021
- The City and County of Santa Fe increase living wage. The living wage in the City and County of Santa Fe, New Mexico increased to $12.32 per hour.
June 18, 2021
- New Mexico repeals youth minimum wage. Employers are no longer permitted to pay high school workers a subminimum wage. High school workers must receive an hourly rate that meets or exceeds the minimum wage (currently $10.50 per hour at the state level). Note: There are higher minimum wage rates in the City of Albuquerque, Bernalillo County, the City of Las Cruces, the City of Santa Fe, and Santa Fe County.
March 12, 2021
- New York requires paid leave for COVID-19 vaccination. New York requires employers to provide employees with up to four hours of paid leave per COVID-19 injection. Employers must provide the leave at the employee's regular rate of pay, and employers are prohibited from deducting this leave from any other earned or accrued time.
March 23, 2021
- New York requires gender neutral restrooms. New York has enacted legislation that requires employers to designate single-occupancy restrooms as gender-neutral.
March 31, 2021
- New York adds employment protections for recreational marijuana users. New York has enacted a law that legalizes recreational marijuana use and establishes employment protections for recreational marijuana users.
March 2021
- Oregon releases Family Leave Act FAQs. The Oregon Bureau of Labor and Industries has issued frequently asked questions clarifying various provisions of the Oregon Family Leave Act.
July 1, 2021
- Oregon increases minimum wage. The minimum wage increases to $11.50 per hour for non-urban counties and $12.75 per hour for other counties, except for Metro Portland (which will increase to $13.25 per hour).
March 15, 2021
- Pittsburgh requires paid sick leave. Pittsburgh now requires all employers to provide paid sick leave. Previously, employers with 15 or more employees were required to provide paid sick leave and smaller employers were required to provide unpaid sick leave.
March 10, 2021
- Texas protects LGBTQ workers. The Fifth Circuit Court of Appeals in Texas has ruled that employers are prohibited from discriminating against LGBTQ workers under the Texas Commission on Human Rights Act (TCHRA).
- San Antonio paid sick leave ordinance blocked. An appeals court has ruled that San Antonio's paid sick leave is unconstitutional under state law. However, the decision can be appealed.
May 1, 2021
- Virginia increases minimum wage. The minimum wage increases to $9.50 per hour.
July 1, 2021
- Virginia enacts Overtime Wage Act. The Act establishes a new formula for calculating a salaried non-exempt employee's regular rate of pay for overtime purposes and institutes stricter penalties for overtime violations.
- Virginia expands nondiscrimination protections. Virginia expands the definition of employer under the state's nondiscrimination law and adds protections based on an individual's military status.
- Virginia requires paid sick leave for home health workers. Virginia require employers to provide paid sick leave to certain home health workers.
June 9, 2021
- West Virginia adopts new independent contractor test. West Virginia has established standards for employers to use when determining whether a worker is an employee or independent contractor.
