Labor Law Updates

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STATE DATE CITY LAW REQUIRED CHANGE Action
Virginia April 2021 Virginia – Earned Income Tax Credit
  • The IRS has updated its EITC notice for 2021.
  • The notice now includes maximum adjusted gross income for each level of dependents claimed:
    • $15,820 ($21,710 if married filing a joint return) with no qualifying children
    • $41,756 ($47,646 if married filing a joint return) with one qualifying child
    • $47,440 ($53,330 if married filing a joint return) with two qualifying children
    • $50,954 ($56,844 if married filing a joint return) with three or more qualifying children
  • The notice is available in English and Spanish
Virginia – Minimum Wage
  • Effective May 1st, 2021, the minimum wage increases to $9.50 per hour.
Louisiana April 2021 Louisiana – EITC 2021
  • Rates have been updated for 2021.
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Indiana March 2021 Teen Work Hour Restrictions
  • The section on 16- and 17-year-old minors has been reworded.
  • 16- and 17-year-old minors may not:
    • Work more than 6 consecutive workdays, or
    • Start work between 12 and 6 AM.

*This is not a mandatory notice but has been included on the Indiana Labor Law Poster. 

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North Carolina March 2021 Worker’s Compensation Notice to Injured Workers and Employers
  • The standard for reporting an injury to the insurance carrier and Industrial Commission has changed:
    • If an employee misses one day of work or
      if cumulative medical costs exceed $4,000 (Previously $2,000)
  • The notice is available in English and Spanish
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Certificate of Coverage and Notice to Workers as to Benefit Rights
  • This notice describes
  • An employee may qualify for unemployment insurance benefits if:
    • If the employee works less than the equivalent of (3) customary scheduled full-time days during any payroll week because work was not available,
    • If the employee’s work hours are substantially reduced or
    • The employee’s job is eliminated due to lack of work.
  • An employer may file claims for employees through the use of automation in case of partial unemployment. An employer may file an attached claim for an employee:
    • only once during a benefit year,
    • and the period of partial unemployment for which the claim is filed may not exceed six consecutive weeks.
  • Employees must notify the employer of any wages earned from all sources during the payroll week.
  • Employees are responsible for ensuring that the employer has the correct mailing address.
  • Employees who become unemployed for other reasons, or who refuse suitable work, can be denied unemployment insurance benefits.
  • Employees whose unemployment is caused by a labor dispute are considered disqualified for unemployment insurance benefits until the dispute is resolved and the operation’s resume in the employee’s place of employment.
  • Contact information is provided for the Department of Commerce, Division of Workforce Solutions, and the Division of Employment Security
  • Instructions for employers are included at the bottom of the notice.
  • The notice is available in English and Spanish
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Wage and Hour Act and OSH Notice to Employees
  • The phrasing of the ‘Overtime’ section of the notice has been re-written to provide more information on overtime exemptions.
  • The image, name, and signature of the Commissioner of Labor have been added to the notice.
West Virginia March 2021 Minimum Wage Requirements
  • Minimum Wage rates before January 1st, 2016 have been removed from the notice.
  • Information on Training Wages and Tip Credit Wages before January 1st, 2015 have been removed from the notice.
  • New publication date of January 2018

*This is not a mandatory notice but has been included on the West Virginia Labor Law Poster. 

Wage Payment and Collections Act
  • Line references to the WV legal code have been removed from the notice.
  • New Publication Date of January 2018

*This is not a mandatory notice but has been included on the West Virginia Labor Law Poster. 

Nevada March 2021 Nevada – Minimum Wage Annual Bulletin
  • Effective July 1, 2021:
    • The minimum wage for workers in the lower tier (those employees who have been offered qualifying health benefits) is $8.75 per hour.
    • The minimum wage for all other employees is $9.75 per hour.
Nevada - Overtime Bulletin
  • Effective July 1, 2021:
    • Employees who have been offered qualifying health benefits must make less than $13.125 per hour, while also working more than 8 hours in a 24-hour period or over 40 hours in a week, to receive overtime pay at 1-1/2 times their regular rate.
    • All other employees must make less than $14.625 per hour, while also working more than 8 hours in a 24-hour period or over 40 hours in a week, to receive overtime pay at 1-1/2 times their regular rate.
Federal Contractor January 2021 Federal Contractor Minimum Wage
  • Effective January 1st, 2021, the minimum wage for Federal Contractors increases to $10.95/hour
New Mexico January 2021 Minimum Wage
  • Effective January 1st, 2021, the minimum wage will increase to

    • $10.50/hour for most employees, and
    • $2.55/hour for tipped employees.
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Massachusetts January 2021 Wage & Hour Laws

Effective January 1st, 2021, the minimum wage will increase to

  • $13.50/hour for most employees, and
  • $5.55/hour for tipped employees.
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Vermont January 2021 Minimum Wage
  • Effective January 1st, 2021, the minimum wage will increase to
    • $11.75/hour for most employees, and
    • $5.88/hour for tipped employees.
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New York January 2021 Minimum Wage
  • Effective December 31st, 2020, the minimum wage is set to
    • $15.00/hour for employers in New York City,
    • $14.00/hour in Long Island and Westchester County, and
    • $12.50/hour for employers in the rest of the state.
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Colorado January 2021 Minimum Wage – Overtime and Minimum Pay Standards (December 2020)
  • Effective January 1st, 2021, the minimum wage will increase to
    • $9.30/hour for tipped employees, and
    • $12.32/hour for all other employees.
  • The exempt salary minimum has increased to $40,500 per year.
Healthy Families and Workplaces Act
  • HFWA requires 1 hour of leave earned per 30 hours worked, to a maximum of 48 hours paid leave a year. Up to 48 hours of unused accrued leave will carry over into the next year.
  • 80 hours of supplemental paid leave to apply in public health emergencies, until 4 weeks after the public health emergency ends
  • Employers with 16 employees or more are required to provide paid leave under the law.
  • Employees may use accrued leave for any of the following reasons:
    • A mental or physical illness, injury, or health condition that prevents work, including diagnosis/preventative care,
    • Domestic abuse, sexual assault, or criminal harassment,
    • A family member experiencing a condition described above, or
    • A public health official closed the workplace or a place of care for the employee’s child.
  • During a public health emergency (PHE), employees may use supplemental leave when:
    • Self-isolating or being excluded from work due to exposure, symptoms, or diagnosis of the communicable illness in the PHE,
    • Seeking diagnosis or care for the illness,
    • Unable to work due to a health condition that increases susceptibility or risk regarding the illness, or
    • Caring for a child or family member in a situation as described above, or whose school or childcare is unavailable due to the PHE.
  • Employees continue to earn up to 48 hours of accrued leave during a PHE and may use supplemental leave before accrued leave.
  • Paid leave cannot be considered as an ‘absence’ resulting in the adverse action, and employers cannot require employees to find a replacement or coverage when requesting leave.
  • Employees are protected from retaliation for:
    • requesting leave,
    • informing others of their rights under the law,
    • filing a complaint, or
    • assisting in an investigation of a complaint.
  • Employees CAN face consequences for misused leave, but not for a good-faith complaint, request, or other activity.
  • The notice lists the type of documentation employers may require under specific circumstances, as well as recourse if they believe the reason/documentation is insufficient.
  • Leave can be taken in six-minute or one-hour increments
  • Employers must be able to provide documentation on both the amount of available leave and the amount of leave used for each employee. This information may be requested once per month or when the need for leave arises.
  • Employers are prohibited from requesting ’details’ of employees’ or the employee’s family’s HFWA-related health information. This information is considered a confidential medical record.
Colorado – Whistleblower Act (PHEW) (December 2020)
  • The notice uses and defines the terms “principal” and “ worker”:
  • Any employer in Colorado, and any business in Colorado with 5 or more independent contractors, is a covered “principal” that must comply with PHEW. The federal government is exempt from this law.
  • An employee or an independent contractor at a “principal” is a “worker” covered by the law.
  • Under the new law, it is illegal to retaliate against or interfere with the following acts during and related to a public health emergency:
    • raising reasonable concerns about workplace violations of government health or safety rules, or about a significant workplace threat to health or safety. This can be a formal or informal complaint to any person.
    • Opposing or testifying, assisting, or participating in a proceeding about a violation as mentioned above.
  • An employer cannot retaliate against a worker’s good-faith, reasonable complaint, request, or other covered activity, even if the worker was incorrect. However, workers can face consequences for misusing PHEW rights or other misconduct.
  • A worker must be allowed to voluntarily wear their own PPE, such as a mask, faceguard, or gloves if that PPE:
    • Provides more protection than the equipment provided at the workplace;
    • Is recommended by a government health agency; and
    • Does not prevent the worker from doing their job.
  • Employee’s complaint rights for both laws are listed on the notice.
California January 2021 Minimum Wage

Effective January 1st, 2021, the minimum wage will increase to:

  • $13.00/hour for employers with 25 or fewer employees.
  • $14.00/hour for employers with 26 or more employees.
Family Care, Medical Leave, & Pregnancy Disability Leave.
  • The CFRA has been updated to cover employees who work for employers with 5 or more employees (previously, it was 50 or more).
  • Employees must have more than 12 months of service with the employer and have had worked at least 1,250 hours in the 12-month period before the date leave is started.
  • New Parent Leave Act (NPLA) has been removed from both notices.
  • New Revision Date of January 2021.
Your Rights and Obligations as a Pregnant Employee
  • The section “Additional Leave Under the California Family Rights Act” has been updated to reflect the changes to the CFRA Notice.
  • New Revision Date of January 2021.
Alaska January 2021 Minimum Wage
  • Effective January 1st, 2021, the minimum wage will increase to $10.34/hour.
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Maryland January 2021 Minimum Wage (January 2021)

Effective January 1, 2021, the minimum wage increased to $11.75.

Equal Pay for Equal Work (October 2020)
  • Maryland’s Equal Pay Act has been amended to create several new employer obligations and add applicant/employee protections regarding salaries, salary inquiries, and salary histories.
  • Employers are required to provide the wage range for the position in question upon an applicant’s request.
  • Employers cannot:
    • seek or request an applicant’s wage history in writing, orally, through an employee or agent, or from a current or former employer.
    • retaliate against, or refuse to interview, hire, or employ an applicant because the applicant requested the wage range for the position in question, or because they chose not to provide their wage history.
    • rely upon an applicant’s wage history in screening or considering the applicant for employment or in determining wages.
    • take adverse employment action against an employee for asking about the employee’s own wages.
  • Employers may confirm and rely on voluntarily provided wage history to support a higher wage offer than the initial offer if the higher wage does not create an unlawful pay differential based on sex or gender identity.
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Missouri December 2020 Minimum Wage

Effective January 1st, 2021, the minimum wage will increase to:

  • $10.30 for private employees
  • $5.15 for tipped employees
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Washington November 2020 Minimum Wage
  • The minimum wage will increase to $13.69 per hour
  • Workers under 16 years old may be paid 85% of the minimum wage ($11.64 per hour)
  • Effective as of January 1st, 2021
Your Rights as a Worker

Washington – Your Rights as a Worker (November 2020)

  • New section titled ‘Equal Pay Opportunity Act’ has been added to the notice
Maine November 2020 Minimum Wage
  • The minimum wage will increase to $12.15 per hour.
  • The minimum wage for tipped employees as defined on the notice will increase to $6.08 per hour. If the employee does not earn the state minimum wage from weekly earned tips combined with the lower minimum wage, the employer must pay the difference.
  • Effective January 1st, 2021.
Regulations of Employment
  • A section on Earned Paid Leave.
  • Effective January 1st, 2021,
    • Employers with more than 10 employees who are employed for more than 120 days per year must provide paid leave based on the employee’s base pay.
    • Paid leave is accrued at one hour for every 40 hours worked, up to 40 hours in one year.
    • Accrual of leave begins at the start of employment, but employers are not required to permit the use of paid leave before the 120th day of employment in one year.
  • The sections on Severance Pay and Mandatory Overtime have been removed from the notice.
    New Revision date of 10/20.
Rhode Island November 2020 Minimum Wage (November 2020)
  • Effective October 1st, 2020, the minimum wage will increase to
    • $10.35 for full-time students under 19 working in certain non-profit organizations
    • $8.63 for minors 14 to 15 working, not more than 24 hours a week
    • $3.89 to tipped employees
    • $11.50 for all other employees
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Florida November 2020 Minimum Wage
  • The minimum wage will increase to
    • $8.65 per hour for non-tipped workers, and
    • $5.63 per hour, in addition to tips, for tipped workers.

 

  • Effective January 1st, 2021.

 

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Minnesota October 2020 Minimum Wage
  • $10.08/hour for large employers, and
  • $8.21/hour for small employers, training wages, youth wages, and workers with a J-1 Visa.
  • Effective January 1, 2021
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South Carolina October 2020 South Carolina – Employment Discrimination
  • A line mentioning the “Lactation Support Act” has been added to the notice.
  • Some punctuation changes for clarity have been added to the notice.

*This is not a mandatory notice but has been included on the South Carolina Labor Law Poster. 

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Hawaii October 2020 Disability Compensation

Hawaii has updated its Disability notice effective 10/1/2020.

*This is not a mandatory notice but has been included on the Hawaii Labor Law Poster. 

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Arizona October 2020 Minimum Wage
  • Effective January 1st, 2021, the minimum wage will increase to $12.15/hour.
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Ohio October 2020 Minimum Wage
  • Effective January 1st, 2021, the minimum wage will increase to:
    • $8.80 an hour for non-tipped employees
    • $4.40 an hour tipped employees
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Connecticut August 2020 Wage and Workplace Standards Divisions – Minimum Wage
  • $12.00 per hour effective September 1, 2020
  • $13.00 per hour effective August 1, 2021
  • $14.00 per hour effective July 1, 2022
  • $15.00 per hour effective July 1, 2023
Youth Wages
  • Minors under 18 years of age employed by the state or political subdivision thereof may be paid 85% of the applicable minimum wage.
Oregon July 2020 Minimum Wage (June 2020)

Oregon’s minimum wage has increased across the state and is broken into three groups by counties. Each region is defined on the notice. The notice has been simplified and information regarding meal & rest periods, final paycheck, and domestic service employment has been removed.

  • Standard – $12.00 per hour
  • Portland Metro Area – $13.25 per hour
  • Non-Urban Counties – $11.50 per hour
  • Effective date July 1, 2020
OSHA (June 2020)
  • Notice has been rebranded for increased legibility. There is no significant change to the text
  • Both the English and Spanish notices have been updated
  • New effective date March 1, 2020
Mississippi June 2020 Unemployment Insurance for Employees

Unemployment Insurance for Employees (June 2020)

  • The new version of the notice gives more specific information on:
    • Who is eligible to file a claim.
    • When an employee can file a claim.
    • How to file a claim.
    • What information is required to file a claim?
Worker's Compensation Notice of Coverage (June 2020)
  • The notice has been reformatted.
Wisconsin June 2020 Bone Marrow and Organ Donation Leave Act, Advance Notice Required When Employers Decide to Cease Providing a Health Care Benefits Plan, Fair Employment Law, Family and Medical Leave Act, Employee Rights under Wisconsin’s Business Closing/Mass Layoff Notification Law, Wisconsin Minimum Wage Rates, Hours and Times of Day Minors May Work in Wisconsin
  • Touchtone numbers have been removed from the notices.

  • New Publication Date of 06/20

*This is not a mandatory notice but has been included on the Wisconsin Labor Law Poster. 

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New Jersey June 2020 New Jersey Law Prohibits Worker Misclassification
  • The new notice defines worker misclassification, as well as the designations of ‘Employee’ and ‘Contractor’ under New Jersey Law.
  • People who work and are paid are assumed to be employees unless the employer can establish all three parts of the ‘ABC’ test. This is the case regardless of whether the employee received a 1099 or W-2, or if an employee signed an independent contractor agreement.
  • The law states that the burden to prove who is or is not an employee falls on the employer.
  • The notice lists penalties for violations of the law:
    • A penalty of no more than 5% of the worker’s gross earnings over the last 12 months, paid by the employer to the misclassified employee.
    • A penalty of up to $250 per misclassified employee for the first violation, then $1000 per misclassified employee for subsequent violations.
    • The imposition of stop-work orders, suspension or revocation of a license or licenses held by the employer, or additional penalties and fees paid to the Department and to the misclassified employees.
  • Employees are protected from retaliation from their employer if they make an inquiry or complaint regarding worker misclassification.
  • Information for reporting worker misclassification can be found at the bottom of the notice.
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South Dakota May 2020 Reemployment Assistance
  • The notice now defines when you can file an RA claim. (The first-week employment ends or hours are reduced)
  • More detail is provided regarding how to file a claim online and by phone. The information required to file a claim is now also listed on the notice.
  • New revision date of 5/20
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Texas April 2020 Unemployment Compensation and Payday notice
  • Employees who either become unemployed —OR— have their work hours reduced may be eligible for unemployment assistance
  • The URL for the Texas Workforce Commission has been updated
  • The new notice provides more information on what employee information is required for filing a claim
  • New revision date of 4/20
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Michigan April 2020 Unemployment Compensation Notice to Employees
  • The new notice explicitly lists what items are necessary for an unemployment claim
  • Due to the COVID-19 crisis, submitting an application for benefits satisfies the register for and seeking work (RSW) requirements of the previous notice.
  • Effective date of 3/20
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Iowa March 2020 Job Safety and Health (OSH)
  • Employees may file a complaint with OSHA within 30 days of an act of retaliation or discrimination by an employer for making safety and health complaints or exercising their rights under the OSH Act.
  • Employees have the right to receive copies of their medical records or records of their exposure to toxic and harmful substances or conditions.
  • Employees must comply with all occupational safety and health standards issued under the OSH Act that applies to their own actions and conduct on the job.
  • Employers must comply with the occupational safety and health standards issued under the OSH Act.
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Alabama March 2020 Workers' Compensation
  • New mandatory posting requirement.
  • Spanish version of the notice must now be posted in the workplace.
Child Labor Laws
  • Age 18 added above the section about minors age 16, 17, and 18.
  • Publication Date of 2018
Utah February 2020 Workplace Safety and Health (UOSH)
  • Right to participate in a UOSH inspection extended to employees.
  • UOSH will promptly issue a citation to notify an employer who is in violation of the Utah Act rules and standards.
  • New information added on filing a complaint about state program administration.
  • New Revision Date of 1/15/19
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Kentucky February 2020 Safety & Health on the Job (OSH)

 

  • The occupational safety and health standards have been adopted by the Occupational Safety and Health Standards Board.
  • The Board includes the Secretary of Labor, who serves as Chair, and other members who represent agriculture, industry, labor, and the safety and health profession.
  • New Revision Date of February 1, 2020
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Illinois January 2020 Minimum Wage
  • Effective January 1st, 2021, the minimum wage increased to $11.00 an hour.
Your Rights Under Illinois Employment Laws - Unpaid Wages
  • Employees must be reimbursed for expenditures or losses incurred related to work.
Your Rights Under Illinois Employment Laws - Equal Pay Act
  • Applicants may not be asked about their previous wage or compensation history.
  • Employees may disclose their own wage and benefits info with co-workers/colleagues.
  • African American employees may not be paid less than non-African American employees.
Oklahoma December 2019 Workers' Compensation
  • Based on the law effective May 28, 2019, employee compensation claims for an injury must be filed within 6 months from the date of the last issuance for employees receiving benefits under Title 85A
  • An employer or employer’s representative must send a report via Electronic Data Interchange within 10 days of receiving notice/knowledge of a death or injury resulting in the loss of time beyond the shift or medical attention away from the worksite.
  • New Revision Date of 11/21/19
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Washington D.C. December 2019 NEW—Paid Family Leave
  • The new law is effective July 1, 2020, and must be posted by Feb. 1, 2020.
  • Under the law, covered employees may take up to 8 weeks of leave in a year. Employees may use benefits for the following:
    • Parental leave to bond with a new child (up to 8 weeks)
    • Family leave to care for a family member (up to 6 weeks)
    • Medical leave for an employee’s own serious health condition (up to 2 weeks)
  • Publication Date of 12/2019
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New Hampshire September 2019 Employment Discrimination
  • “Gender identity” has been added to the list of protected classes.
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Arkansas August 2019 Minimum Wage
  • Under Child Labor, the phrase “no boy or girl between the ages of 16 and 18″ replaces “no 16-year-old.”
  • For willful violations, employees seeking to recover unpaid wages may receive an additional sum of liquidated damages.
  • New Revision Date of 8/2019
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Georgia July 2019 Workers' Compensation—Bill of Rights
  • New benefit maximums for job-related injuries.
  • New benefit maximums for deceased employees’ dependents.
  • New Revision Date of 7/2019
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Delaware January 2019 Minimum Wage

Minimum Wage — Effective October 1, 2019 
Delaware’s minimum wage rate increased to $9.25 effective October 1, 2019.
*The following wage categories have not received a wage increase. The effective date of 1/1/19 remains current. 

Training Wage for adult workers ages 18+

  • $8.75 an hour for the first 90 days on a new job, effective 1/1/19

Youth Wage for ages 14-17

  • $8.75 per hour

Employees Who Receive Tips:

  • The minimum cash wage payable to employees who receive tips is $2.23 per hour.
  • Tips may not be taken or retained by an employer except as required by law.
  • Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.

Minimum Wage Exemptions:

  • Employees in agriculture
  • Employees in domestic service in or about private homes
  • Employees of the United States Government
  • Outside commission paid salespeople
  • Bonafide executives, administrators, and professionals
  • Employees engaged in fishing and fish processing at sea
  • Volunteer workers (for educational, religious, or non-profit organizations)
  • Junior camp counselors employed by non-profit summer camp programs
  • Inmates participating in Department of Correction programs
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Kansas December 2018 Workers' Compensation
  • The notice for accidents on or after 5/15/11 has been removed because it is obsolete.
  • The notice for accidents on or after 4/25/13 has been updated – new revision date of 3/18.
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Wyoming October 2018 Workers' Compensation
  • Coverage is now required for extra-hazardous industries and occupations.
  • Employers in non-extra-hazardous industries may also opt for this coverage.
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Tennessee June 2018 Workers' Compensation
  • Information regarding types of covered employers has been removed.
  • Employers must complete a workplace injury form and notify their workers’ comp insurance company even if they have concerns about the validity of a claim.
  • In an emergency, employers should call an ambulance and provide Form C-42 to the injured employee once stabilized.
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Idaho March 2017 Discrimination
  • Expanded information prohibits age discrimination against individuals who are 40 years of age and above.
  • Individuals may exercise their rights without retaliation.
  • New Revision Date of 3/1/17
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Nebraska January 2017 Unemployment Insurance
  • New information added about special accommodations
  • Claimants must register for work and create an active, online, and searchable resume in the Nebraska Department of Labor Reemployment and Benefit Services web application.
  • New Revision Date of 9/21/16
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Pennsylvania October 2016 Unemployment Compensation
  • Employees must file within the first week of becoming unemployed or they may lose some benefit eligibility
  • New information about Form UC-1609,How to Apply for Unemployment Compensation Benefits”.
  • Changes to information employees need to provide when filing an application.
  • New Revision Date of 9/16
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Federal July 2016 Minimum Wage (FLSA)
  • Updated information in Enforcement section
  • New information states that employers should avoid incorrectly classifying workers as “independent contractors” when they are actually employees
  • New section about accommodations for nursing mothers
  • New Revision Date of 07/16
Polygraph Protection
  • Updated information in Enforcement section
  • New Revision Date of 07/16
OSHA ("It's the Law")
  • Workers have the right to report work-related injuries and illnesses without retaliation
North Dakota August 2015 Minimum Wage & Work Conditions
  • New information about limitations on paid time off
  • Pregnancy added to the list of categories for which discrimination is prohibited
  • New information about tip credits
  • New Effective Date of Aug. 1, 2015
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STATE DATE