HR Newsletter

Summer 2019 Edition

Summer 2019 HR Compliance Calendar

Select the state(s) in which your company operates for a summary of compliance requirements that took effect recently or will take effect over the next few months.

Keep in mind that this calendar provides a high level overview of the compliance requirements outlined and is for informational purposes only. For details on specific provisions, refer to your applicable law.

Also, note that the minimum wage rates covered below include increases at the state level as well as increases for larger U.S. cities. Several smaller cities also have increases planned this year. Check your local minimum wage to ensure compliance.

All | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Florida | Illinois | Maine | Maryland | Massachusetts | Minnesota | Missouri | New Jersey | New Mexico | New York | Oklahoma | Oregon | Texas | Virginia | Washington

All

September 30

  • EEO-1 pay data due. Employers with 100 or more employees must submit both 2017 and 2018 EEO-1 Component 2 pay data to the EEOC by September 30.

Arkansas

July 23

  • Arkansas adopts new independent contractor test. The state has adopted a 20-factor test to determine whether a worker is an independent contractor under state law.

Arizona

August 27

  • Arizona amends Mini-COBRA law. The definition of a covered employer under the state's Mini-COBRA law is amended to cover employers with a health plan and an average of 19 or fewer employees during the preceding calendar year.

California

July 1:

  • Los Angeles, CA increases minimum wage. For employers with 25 or fewer employees, the minimum wage increased to $13.25 per hour. For larger employers, the minimum wage increased to $14.25 per hour.
  • San Francisco, CA increases minimum wage. The minimum wage increased to $15.59 per hour.

Colorado

August 2

  • Colorado clarifies notice requirements for tip sharing. Employers with tip sharing arrangements must notify each patron in writing (including a notice on a menu, table tent, or receipt) that gratuities are shared among employees.

September 1

  • Colorado restricts criminal history inquiries. Employers with 11 or more employees are prohibited from inquiring about an applicant's criminal history on an initial application.

Connecticut

October 1

  • Connecticut expands harassment training and notice requirements. Employers with three or more employees must provide at least two hours of sexual harassment training to all employees and supervisors and a written sexual harassment policy to all employees. Employers with fewer than three employees must provide at least two hours of training to supervisors.
  • Connecticut increases minimum wage. The minimum wage increases to $11.00 per hour. Employers may pay employees under the age of 18 at least 85 percent of the general minimum wage or $10.10, whichever is greater, for the first 90 days of employment.

District of Columbia

July 1

  • DC increases minimum wage. The minimum wage increased to $14.00 per hour; $4.45 per hour for tipped employees.
  • DC requires sexual harassment policy for certain employers. Employers of tipped employees must distribute a sexual harassment policy to their employees, post it in the workplace, and provide a copy to the Office of Human Rights (OHR). Additionally, covered employers must report the number of instances of sexual harassment to the OHR annually.

Florida

July 1

  • Florida expands indoor smoking ban to cover vaping. Employers must develop and implement a policy on anti-smoking and anti-vaping for the indoor workplace.

Illinois

July 1

  • Chicago, IL increases minimum wage. The minimum wage increased to $13.00 per hour.
  • Cook County, IL increases minimum wage. The minimum wage increased to $12.00 per hour. Note: Illinois allows cities and villages within a county to opt out of laws enacted by counties. Cook County employers should check on the status of the minimum wage requirement in locations where they have a place of business or employees working.

Maine

September 19

  • Maine restricts pay history inquiries. Employers cannot ask about an applicant's pay history unless the employer has already negotiated and made them an offer that includes all terms of compensation.
  • Maine requires veteran's medical appointment leave. Veterans may take time off to attend a scheduled appointment at a medical facility operated by the U.S. Department of Veterans Affairs. If the employee has accrued paid leave available, the employer must allow them to use it for this purpose. If not, the leave is unpaid.
  • Maine requires pregnancy accommodations. Employers must provide reasonable accommodations to employees with pregnancy-related conditions, unless it would impose an undue hardship on the business.
  • Maine expands emergency responder leave requirements. Volunteer emergency responders and certified volunteer search and rescue workers are protected from adverse employment action for responding to an emergency. There are also specific rules on employee notice and certification for leave.

Maryland

July 1

  • Montgomery County, MD increases minimum wage. For employers with 50 or fewer employees, the minimum wage increased to $12.50 per hour. For larger employers, the minimum wage increased to $13.00 per hour.

Massachusetts

September 30

  • Massachusetts paid leave notices due. Employers have until September 30, 2019 to notify all covered individuals of their rights and obligations under the state's Paid Family & Medical Leave law.

October 1

  • Massachusetts paid leave program contributions begin. Employers must begin withholding employee contributions for the state's paid family leave program on October 1, 2019. For the October 1 to December 31 quarter, employers will be responsible for remitting contributions by January 31, 2020.

Minnesota

July 1

  • Minnesota adds new wage statement requirements. Employers must provide each employee with a notice of wage information at the time of hire and include additional information on employees' wage statements.
  • Minneapolis, MN increases minimum wage. For employers with 100 or fewer employees, the minimum wage increased to $11.00 per hour. For larger employers, the minimum wage increased to $12.25 per hour.

Missouri

October 31

  • Kansas City restricts pay history inquiries. Employers with six or more employees are prohibited from asking applicants about their pay history.

New Jersey:

July 1

  • New Jersey increases minimum wage. For employers with six or more employees, the minimum wage increased to $10.00 per hour. The minimum wage for employers with fewer than six employees remains $8.85 per hour.
  • New Jersey amends temporary disability leave requirements. Employers are prohibited from requiring employees to use accrued paid vacation, personal, or sick leave before using family temporary disability leave benefits. In addition, there is no longer a one-week waiting period for benefits.

July 2

  • New Jersey adopts employment protections for medical marijuana users. Employers are prohibited from taking any adverse employment action against an employee based solely on their status as a registered medical marijuana patient.

New Mexico

July 1

  • New Mexico requires single-user restrooms to be gender neutral. Single-user toilet facilities in a public accommodation must be available to anyone regardless of gender identity or sex and be identified with gender-neutral signage.

New York

July 12

  • New York bans hairstyle discrimination. Employers are prohibited from discriminating against applicants and employees because of hair texture and hairstyles that are historically associated with race.

October 8

  • New York expands equal pay requirements. Employers are prohibited from paying an employee in any protected class less than an employee outside that protected class for substantially similar work.

Oklahoma

August 21

  • Oklahoma clarifies employment protections under medical marijuana law. Employers cannot refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee solely based on their status as a medical marijuana licensee.

Oregon

July 1

  • Oregon increases minimum wage. The minimum wage increased to $11.00 per hour (non-urban counties), $11.25 per hour (other counties except Metro Portland), and $12.50 per hour (Metro Portland).

Texas

August 1

  • Dallas and San Antonio require paid sick leave. Private employers with six or more employees working in Dallas or San Antonio must provide paid sick leave. Note: On July 15, business groups filed a lawsuit attempting to block the San Antonio ordinance. The city and the business groups have since agreed to delay the effective date until December 1, 2019 while the lawsuit is litigated. A judge is scheduled to rule on the agreed upon delay this week.

    • Update: A separate lawsuit has been filed to try and block the Dallas ordinance as well. On August 1, 2019 the city announced that, despite the lawsuit, its ordinance is now in effect for employers with six or more employees. However, the city says it will delay enforcing all but the anti-retaliation provision until April 1, 2020. We will continue to monitor and report updates on the status of the law.

September 1

  • Texas adopts new rules on payroll cards. Employers may pay employee wages via a payroll card, provided the employer gives employees written notice and employees are given the option to request a different form of payment.

Virginia

July 1

  • Virginia requires employers to grant access to personnel files. An employer must furnish a copy of an employee's records within 30 days of receiving a written request from a current or former employee (or their attorney).

Washington

July 28

  • Washington restricts salary history inquiries. Employers cannot ask about an applicant's pay history, either directly from the applicant or another employer.
  • Washington requires domestic violence poster. Employers will be required to display a new domestic violence poster (along with the name of community resources regarding domestic violence) with other required employment posters.
  • Washington expands pregnancy accommodation requirements. Employers with 15 or more employees must provide a private location, other than a bathroom, and give reasonable break time for an employee to express breast milk for up to two years after their child's birth.