Summer 2021 HR Compliance Calendar
Below is a summary of compliance requirements that took effect recently or will take effect soon.
June 10, 2021
- OSHA issues new COVID-19 rule for healthcare sector and guidance for general industry. The U.S. Department of Labor's Occupational Safety and Health Administration issued a temporary emergency standard aimed at protecting healthcare workers from COVID-19 as well as new general industry guidance.
July 1, 2021
- Alabama adopts independent contractor test. Alabama requires employers to use the IRS Common Law test for determining whether a worker should be classified as an employee or independent contractor.
July 29, 2021
- Arkansas amends law on firearms in employer parking lots. Employers generally cannot bar an employee from transporting or storing a legally owned firearm in the employee's private motor vehicle in the employer's parking lot.
May 5, 2021
- California provides new COVID-19 exposure guidance for fully vaccinated employees. The state said employers are only required to exclude fully vaccinated employees from the workplace when they are COVID-19 cases or have had a COVID-19 exposure and exhibit COVID-19 symptoms.
May 19, 2021
- Santa Clara county requires employers to ask about vaccination status. Employers in Santa Clara County must determine the vaccination status of all employees and contractors and take certain other safety measures.
June 17, 2021
- California amends COVID-19 prevention rules. The California Department of Industrial Relations has issued revised emergency rules related to protecting workers from COVID-19. The revised rules reflect the state's latest public health guidance and include changes to face coverings and physical distancing requirements.
July 1, 2021
|
Cities in California |
Minimum wage rate July 1, 2021 |
|
Berkeley |
$16.32 per hour |
|
Emeryville |
$17.13 per hour |
|
Fremont |
$15.00 per hour for employers with 25 or fewer employees; $15.25 per hour for employers with more than 25 employees |
|
Los Angeles |
$15.00 per hour |
|
Malibu |
$15.00 per hour |
|
Milpitas |
$15.65 per hour |
|
San Francisco |
$16.32 per hour |
|
Santa Monica |
$15.00 per hour |
June 14, 2021
- Colorado employers cannot force employees to forfeit earned vacation. The Colorado Supreme Court has ruled that state law requires that all earned vacation pay must be paid at the end of the employment relationship.
September 1, 2021
- Colorado extends restrictions on criminal history inquiries. Colorado extends its restrictions on criminal history inquiries on initial application forms to all employers (previously only employers with 11 or more employees were covered).
August 1, 2021
- Connecticut increases minimum wage. The minimum wage increases to $13.00 per hour.
October 1, 2021
- Connecticut expands requirements for lactation breaks. Employers must follow additional rules for the room or location the employer provides for lactation.
- Connecticut expands equal pay protections. Among other things, employers must provide applicants with the wage range for positions.
- Connecticut prohibits age-related inquiries on application forms. Employers are prohibited from asking applicants age-related questions on application forms.
July 1, 2021
- The District of Columbia increases minimum wage. The minimum wage increases to $15.20 per hour.
September 30, 2021
- Florida increases minimum wage. The minimum wage increases to $10.00 per hour.
June 10, 2021
- Hawaii prohibits employers from asking for login information to employees' personal accounts. Employers are prohibited from asking or requiring applicants and employees to disclose the login information to their personal online accounts, such as social media.
July 1, 2021
- Chicago increases minimum wage. The minimum wage increases to $14.00 per hour for employers with four to 20 employees and $15 per hour for employers with more than 20 employees.
June 29, 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.
May 30, 2021
- Maryland requires 'essential employers' to take certain COVID-19 steps. Among other things, employers identified as critical to remain in operation during an emergency must meet certain safety standards, provide personal protective equipment to employees at no cost, and follow certain steps if an employee contracts COVID-19.
July 1, 2021
- Montgomery County increases minimum wage. The minimum wage increases to $13.50 for employers with 10 or fewer employees, $14.00 per hour for employers with 11 to 50 employees, and $15.00 per hour for employers with more than 50 employees.
October 1, 2021
- Maryland expands Flexible Leave Act to cover bereavement. Employers with 15 or more employees who provide paid leave must also allow an employee to use the leave after the death of a child, spouse, or parent.
- Maryland amends, clarifies mini-WARN requirements. Maryland amends and clarifies requirements for notifying the state and workers before a reduction in operations.
May 28, 2021
- Massachusetts requires COVID-19 emergency paid sick leave. Massachusetts requires all employers to provide COVID-19 emergency paid sick leave. Employers may request reimbursement from the state's COVID-19 Emergency Paid Sick Leave Fund. The leave requirement will expire when the $75 million fund is exhausted or September 30, 2021, whichever occurs first.
July 1, 2021
- Minneapolis increases minimum wage. The minimum wage increases to$12.50 per hour for employers with 100 or fewer employees.
- 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 and $11.00 per hour for employers with six to 100 employees.
May 3, 2021
- Montana amends tip pooling law. Employers are allowed to require certain employees involved in providing customer service or food preparation to pool their tips, but prohibits exempt salaried supervisors or managers from participating in tip pools.
May 7, 2021
- Montana prohibits discrimination based on vaccination status. Employers are prohibited from refusing employment to an individual, or discriminating against an employee, based on their vaccination status or whether they have an immunity passport.
July 1, 2021
- Montana amends drug testing rules. Employers are not required to provide employees who test positive for marijuana the opportunity to rebut or explain the results if they do not have a medical marijuana registry identification card issued by the state.
June 22, 2021
- New Hampshire permits electronic record retention. Employers may make, sign, acknowledge, approve, and retain employees' wage and hour records electronically.
June 2, 2021
- Nevada bans hairstyle discrimination. Employers are prohibited from discriminating against applicants and employees on the basis of traits associated with race, including hair texture and protective hairstyles.
June 9, 2021
- Nevada requires paid leave for COVID-19 vaccination. Employers with 50 or more employees must provide two hours of paid leave for a one-dose COVID-19 vaccine or two consecutive hours of paid leave per absence (a total of 4 hours) for a two-dose vaccine.
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).
June 18, 2021
- New Mexico repeals youth minimum wage. Employers are no longer permitted to pay high school workers a subminimum wage.
July 1, 2021
- New Mexico prohibits hairstyle discrimination. Employers are prohibited from discriminating against workers based on traits historically associated with race, including hair texture, length of hair, protective hairstyles, or cultural or religious headdresses.
July 1, 2021
- New York increases fast food workers' minimum wage. New York increases the minimum wage to $15.00 per hour for all fast food employees.
July 28, 2021
- NYC expands the Fair Chance Act. Employers must take specific steps before taking adverse action based on an applicant or employee's pending criminal charges.
August 3, 2021
- New York requires motor-carrier attestation. Motor-carriers must annually submit an affidavit to the Commissioner of Motor Vehicles attesting their drivers follow certain drug-free safety protocols.
August 5, 2021
- New York requires disease prevention plan. Under the New York Health and Essential Rights Act (NY HERO Act), employers are required to adopt an airborne disease prevention plan by August 5, 2021 (model plan is available from the state). Within 30 days of adopting the plan, employers must also provide written notification of the plan to employees. Visit the NY Department of Labor website for more details.
May 7, 2021
- North Dakota approves vaccination protections. Employers are prohibited from requiring a patron or customer to provide documentation certifying their COVID-19 vaccination, or post-transmission recovery, in order to gain access to or services from the business.
May 4, 2021
- Oregon issues final COVID-19 safety rule. The state has published a final rule that adds and extends certain safety provisions from a previously issued temporary rule requiring employers to follow certain COVID-19 safety protocols.
July 1, 2021
- Oregon increases minimum wage. The minimum wage increases to $12.00 per hour for non-urban counties and $12.75 per hour for other counties, except for Metro Portland (which will increase to $14.00 per hour).
June 1, 2021
- Philadelphia to begin enforcing fair workweek standards. Philadelphia's Fair Workweek Ordinance, which was postponed due to the COVID-19 public health emergency, adds scheduling and pay requirements for certain food service, retail and hospitality employers.
June 26, 2021
- Pennsylvania protects organ donations. Employers are required to provide unpaid leave to eligible employees for surgery related to organ or tissue donation.
August 15, 2021
- South Carolina amends firearms law. Employers that wish to prohibit a licensed individual from carrying a concealable weapon in the workplace must post a sign that meets specific requirements.
September 1, 2021
- Texas prohibits sexual harassment. Texas amends its nondiscrimination law to expressly prohibit sexual harassment in the workplace.
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. The state's Human Rights Act is amended to prohibit covered employers from discriminating against workers on the basis of military status. In addition, employers with more than five employees are prohibited from discriminating against workers on the basis of a disability (previously employers with 15 or more employees were covered).
- Virginia requires paid sick leave for home health workers. Virginia requires employers to provide paid sick leave to certain home health workers.
July 25, 2021
- Washington approves health and safety grants. During a state of emergency, the state will adopt a safety grant program to provide eligible employers with grants to buy equipment or make capital improvements to meet any new safety and health requirements.
- Washington enacts temporary worker safety rules. Staffing agencies, and employers working with staffing agencies, must follow certain communication and safety protocols for temporary workers.
- Washington expands paid family leave eligibility. Washington expands the definition of covered family member for purposes of the state's paid family leave program.
June 9, 2021
- West Virginia adopts new independent contractor test. Employers must use certain criteria for determining whether a worker is an employee or independent contractor.
