Labor Law Updates

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State Date Law Required Change  
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
Federal Contractor January 2020 Minimum Wage
  • The minimum wage increases to $10.80 per hour effective Jan. 1, 2020. (The rate is adjusted for inflation every January 1.)
  • The tipped wage increases to $7.55 per hour.
  • New Revision Date of 1/20
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
Alaska December 2019 Minimum Wage
  • Increases to $10.19 effective January 1, 2020.
  • New Revision Date of January 2020
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Arizona November 2019 Unemployment Insurance
  • Updated contact information for obtaining notice in alternative formats
  • New Publication Date of 8/19
Minimum Wage
  • Increases to $12.00 per hour effective Jan. 1, 2020.
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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California January 2020 Workplace Discrimination and Harassment
  • New protections related to race now include hair texture and protective hairstyles such as braids, locks, and twists.
  • Complaints must now be filed within 3 years of the last act of discrimination or harassment.
  • New Revision Date of November 2019
Family Care, Medical Leave, & Pregnancy Disability Leave
  • Family Care or Medical Leave may be taken for the birth, adoption, or foster care placement of employee’s child; for employee’s own serious health condition; for an ill child, parent, or spouse.
  • Employers may not deny or interfere with employees’ requests for Pregnancy Disability Leave.
  • New Revision Date of December 2019
Transgender Rights in the Workplace
  • Discrimination complaints must now be filed within 3 years of an act of discrimination.
  • New Revision Date of December 2019
Colorado February 2020 Minimum Wage
  • Effective January 1, 2020:
    • Minimum wage increases to $12.00 per hour, or $8.98 for tipped employees.
    • Unemancipated minors may be paid 15% below the minimum wage.
  • Minimum wage is adjusted annually based on inflation.
  • New information provided on the timing of meal and rest periods.
  • Employees must be compensated for time spent putting on and taking off work clothes/gear, clocking in and out, undergoing security/safety screenings, and waiting for assignments.
  • Notice has an effective date of 3/16/2020.
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Connecticut October 2017 Discrimination
  • Discrimination based on veteran status is prohibited in employment, housing & public accommodations, and credit transactions.
Workers' Compensation
  • Employees must now file workers’ compensation claims using Form 30C.
  • Employees are now required to send claims by certified mail to the location listed on the notice. Employees must ask the employer where to file claims if a location is not provided on the notice.
  • New Revision Date of 10/1/17
Delaware October 2018 Minimum Wage
  • Effective January 1, 2019:
    • Minimum wage increases to $8.75 per hour.
    • New youth & training minimum wage is $8.25 per hour (workers ages 14–17 and adult trainees during first 90 days of employment).
  • All employees must be offered meal breaks of at least 30 consecutive minutes when working 7.5+ hours per day.
  • New Revision Date of 9/28/18
Discrimination
  • Effective January 1, 2019:
    • Sexual harassment against employees, applicants, apprentices, staffing agency workers, unpaid interns, and independent contractors is unlawful.
    • Employers must distribute the Department of Labor Sexual Harassment Informational Worksheet to all employees.
    • Employers with 50+ employees must provide interactive sexual harassment training to all new employees, and every two years thereafter.
  • New Revision Date of 9/28/18
Florida October 2019 Minimum Wage
  • Effective Jan. 1, 2020 the minimum wage increases to $8.56 per hour; $5.54 for tipped employees.

 

Reemployment Assistance (formerly Unemployment Compensation)
  • To be eligible for benefits, employees must:
    • Apply for benefits and register for work online
    • Have a history of sufficient employment and wages
  • New Revision Date of 7/19
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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Hawaii January 2018 HIOSH (Safety & Health)
  • Employers must report:
    • Work-related fatalities within 8 hours
    • Inpatient hospitalizations, amputations, and losses of an eye within 24 hours
  • Workers must be trained in a language and vocabulary they can understand.
  • Penalty amounts have been removed.
  • New Revision Date of January 2018
Wage and Hour Laws
  • Family Leave Law
    • Employees may now use leave to care for a sibling.
  • New Revision Date of 12/15/17
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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Illinois January 2020 Your Rights Under Illinois Employment Laws - Minimum Wage
  • Minimum wage increases to $9.25 per hour. Notice includes wage increases through Jan. 1, 2025.
  • Domestic workers are now covered under the law even if employer has just one worker.
  • Effective Jan. 1, 2020
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.
Indiana July 2019 Safety and Health (IOSHA)
  • Proposed civil penalties related to worker fatalities have been added to notice.
  • Employers whose actions contributed to an employee fatality will be assessed a significant civil penalty per violation.
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Iowa March 2020 Job Safety and Health (OSH)
  • Employee complaints may be filed with OSHA within 30 days of an act of retaliation/discrimination by an employer for:
    • Making safety and health complaints
    • Exercising their rights under the OSH Act
  • Employees have the right to receive copies of medical records or records of their exposure to toxic and harmful substances or conditions.
  • Employers must comply with all occupational safety and health standards issued under the OSH Act.
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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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Louisiana January 2020 Earned Income Credit
  • New income limits for Earned Income Credits eligibility; maximum income limit raised to $50,162 ($55,952 married filing jointly) with three or more children.
  • New income limits for those with fewer or no children.
  • New Revision Date of January 2020
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Maine May 2020 Regulations of Employment
  • A section has been added regarding Earned Income Tax Credits stating:
    • Employees may be eligible for federal and state Earned Income Tax Credits
    • Employees may apply for these tax credits on their tax returns.
  • Effective date 3/20
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Maryland November 2019 Equal Pay for Equal Work
  • Employers who violate the law two or more times within a 3-year period may be assessed a civil penalty equal to 10% of the amount of damages owed.
  • New Revision Date of 10/2019
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Massachusetts June 2019 Paid Family and Medical Leave
  • Payroll contributions will now be deducted from covered individuals’ earnings starting October 1, 2019 (previously July 1).
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Michigan March 2020 Unemployment Compensation
  • New information on employees’ responsibilities once a claim is filed:
    • Certify/Report for benefits biweekly online through their MiWAM account or by calling the Michigan Automated Response Voice Interactive Network.
    • Each week, document and send their Unemployment Insurance Agency work search activity for that week.
  • New waver box has been added for employees who may return to work and don’t need to register or seek work.
  • New Revision Date of 2/20
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Minnesota November 2019 Minimum Wage
  • Effective Jan. 1, 2020, the following minimum wage rates will apply:
    • Large employer (annual sales > $500,000) – $10.00 per hour
    • Small employer (annual sales < $500,000), Youth wage (age 17 or younger), Training wage, and J-1 Visa – $8.15 per hour
  • New Revision Date of October 2019
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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?
Workers’ Compensation Notice of Coverage (June 2020)    
  • The notice has been reformatted.
Missouri December 2019 Minimum Wage
  • Increases to $9.45 per hour.
  • Tipped wage increases to $4.725 per hour.
  • New Revision Date of 12/19
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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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Nevada May 2020 Minimum Wage Bulletin
  • Effective July 1, 2020:
    • The minimum wage for workers in the lower tier (those employees who have been offered qualifying health benefits) is $8.00 per hour.
    • The minimum wage for all other employees is $9.00 per hour.
  • Please note: this information is already contained on the existing notice
Overtime Bulletin
  • Effective July 1, 2020:
    • Employees who have been offered qualifying health benefits must make less than $12.00 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 $13.50 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

Both these notices have been updated in English and Spanish

New Hampshire September 2019 Employment Discrimination
  • “Gender identity” has been added to the list of protected classes.
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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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New Mexico January 2020 Minimum Wage Act
  • The minimum wage increases to $9.00 per hour effective Jan. 1, 2020.
  • The tipped wage increases to $2.35 per hour.
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New York May 2020 Time Off to Vote
  • To qualify for time off to vote without loss of pay, you must have less than 4 consecutive hours to vote, either from
    • The opening of the polls to the beginning of your shift, or
    • Between the end of your shift and the close of the polls.
  • The number of times an employee is allowed to take off without loss of pay to vote has been reduced from 3 hours to 2 hours.
  • Revision date of 4/20
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North Carolina May 2020 Wage and Hour Notice
  • Drug Paraphernalia Complaints’ have been added to the Retaliatory Employment Discrimination section of the notice.
  • Other protected activities have been renamed.
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North Dakota August 2015 Minimum Wage & Work Conditions
  • New information about limitations on paid time off
  • Added “pregnancy” to list of prohibited discrimination categories
  • New Effective Date of Aug. 1, 2015
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Ohio October 2019 Minimum Wage
  • Effective January 1, 2020 the minimum wage is $8.70 an hour.
  • The minimum wage for tipped employees is $4.35 per hour plus tips.
  • Employers who gross less than $319,000 must pay the federal minimum wage of $7.25 per hour.
  • New Revision Date of 9/30/19
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Oklahoma December 2019 Workers' Compensation
  • Employees must file compensation claims for an injury within 6 months from the last date of issuance if they are receiving benefits under Title 85A.
  • A death or injury resulting in loss of time beyond the shift or medical attention away from the work site must be reported by employer within 10 days via Electronic Data Interchange.
  • New Revision Date of 11/21/19
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Oregon July 2020 Minimum Wage
  • The minimum wage has increased across the state, and is broken into 3 groups by counties:
    • Standard – $12.00 per hour
    • Portland Metro Area – $13.25 per hour
    • Non-Urban Counties – $11.50 per hour
  • 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
  • The effective date of 7/1/20
OSHA
  • Notice has been rebranded for increased legibility. There is no significant change to the text.
  • Both the English and Spanish notices have been updated.
  • The new effective date of 3/20
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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Rhode Island April 2019 No Smoking
  • It’s illegal to vape in Rhode Island establishments.
  • The law prohibits use of combustible tobacco products and similar products such as e-cigarettes.
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South Carolina November 2018 Unemployment Insurance
  • Employees who lose their jobs due to domestic violence may be eligible for benefits.
  • Two new websites have been added to the notice. Employees may now:
    • Apply for benefits online
    • Access guidelines for applying for benefits
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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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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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Texas June 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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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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Vermont February 2020 Unemployment Insurance
  • Employees who leave their job due to domestic violence, sexual violence, or stalking may be eligible for benefits under the Domestic and Sexual Violence Survivor’s Transitional Employment Program.
  • Includes contact information for the Domestic Violence Program Manager.
  • New Revision Date of 12/19
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Virginia June 2020 “Covenant Not to Compete” Prohibited as to Low-Wage Employees
  • The new law defines ‘covenant not to compete’ and ‘low-wage employee.’
    • ‘Covenant not to compete’ is defined as an “…agreement that restrains, prohibits, or otherwise restricts an individual’s ability to compete with his former employer.”
    •  ‘Low wage employees’ are defined as those whose average weekly earnings are less than the average weekly earnings in Virginia, those who are employed without pay, or contractors whose hourly wage falls below the average hourly wage in Virginia
  • Employers cannot enter into, enforce or threaten to enforce non-compete covenants with low-wage employees
  • Low wage employees subject to a covenant have the right to bring civil suits against their employers
  • Employers who violate the law are subject to a civil penalty of $10,000 for each violation
  • The effective date of 7/1/20. Agreements entered before this date are excluded from the law.
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Washington January 2020 Minimum Wage
  • Minimum wage increases to $13.50 per hour effective Jan. 1, 2020.
  • Workers aged 14 or 15 may be paid $11.48 per hour.
  • New Revision Date of 12/2019
Paid Family and Medical Leave
  • Separate required notice has been issued with more info on benefits and employees’ rights.
  • Workers may take up to 12 weeks of leave for their own illness, to care for an ill family member or new child, or for certain military-related events.
  • Wage replacement is capped at $1,000 per week.
Domestic Violence Resources
  • New notice provides resources for victims of domestic violence and other forms of abuse.
  • Notice includes phone numbers and a link to the National Domestic Violence Hotline.
Washington D.C. July 2020 Paid Family Leave
  • New law, effective July 1, 2020 – notice 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
Workers' Compensation
  • Employers must send a copy of the First Report of Injury or Occupational Disease form to the nearest claim office or their insurer no later than 10 working days after knowledge of the injury or disease.
  • New Revision Date of 3/2017
West Virginia August 2017 Wage Payment & Collection Act
  • Employers are required to give employees immediate access to their wages through a conveniently located bank.
  • New information regarding wage deductions
  • New Revision Date of June 2017
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Wisconsin October 2017 Unemployment Insurance
  • Employers must enter their business name and address in the box provided on the notice for employees to reference.
  • New contact information has been provided for employees who need help with online services, assistance due to a disability, and information in alternate formats or languages.
  • New Revision Date of 10/2017
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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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