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July 2018 HR Compliance Calendar

07/01/18

Author: ADP Admin/Friday, June 29, 2018/Categories: Compliance Corner

Below is a summary of compliance requirements that took effect recently or will take effect over the next month. For more information on these topics, please see this month’s edition of the ADP Insights & Solutions Newsletter or the Newsletter Archive.

July 1, 2018:
  • California expands paid sick leave. Providers of in-home supportive services who work in California for 30 or more days within a year from their start of employment are entitled to paid sick leave. Previously, these individuals weren’t covered by the state’s paid sick leave law.
  • California Enacts New Protections Against National Origin Discrimination. In addition to broadening the definition of national origin, “English only policies” will be prohibited except in certain limited circumstances. Employers will be prohibited from inquiring into an applicant or employee’s immigration status unless an employer can demonstrate by “clear and convincing evidence” that such inquiry is required by federal law.
  • San Francisco, California Bans Salary History Inquiries. The new ordinance bans employers from considering the current or past salary of an applicant in determining whether to hire an applicant or what salary to offer an applicant. Further, employers are barred from asking applicants about their current or past salary or disclosing an employee's salary history without the employee's authorization.
  • Chicago adopts “Hands Off Pants On” Law to protect hotel workers from sexual harassment and assault. To provide hospitality workers with greater protections against sexual harassment and assault, the Chicago City Council has passed the “Hands Off Pants On” Ordinance. The Ordinance requires all hotels in the city to adopt a panic button system and an anti-sexual harassment policy.
  • Connecticut minimum wage increases to $15.00 per hour for certain workers. The wage increase applies to employers that receive state funding and have employees who provide direct care to persons in group homes and day programs.
  • Georgia Distracted Driving Law. Drivers in Georgia may not hold or support a mobile device with a part of their body or use their mobile device to write or read any text (including email), watch video, or record video. The law makes an exception for speech-to-text programs and navigation software.
  • Iowa Alcohol Testing Law. Iowa law already requires any employers that conduct alcohol testing to provide employees with a written policy on the testing. The written policy must establish the alcohol concentration that violates the policy. The existing law required that the standard be no lower than .04 grams of alcohol per 210 liters of breath; the new will lower the minimum to .02 grams.
  • Iowa Allows Electronic Paystubs. Iowans may now receive electronic paystubs. Existing Iowa paystub law required employers to mail paystubs, hand deliver them at the place of employment or provide the means to view and print a paystub at the workplace.
  • Amended Massachusetts Equal Pay Act takes effect. Among other things, the amendment changed the definition of comparable work, prohibited employers from asking applicants about salary history and established a safe harbor for employers who conduct pay audits.
  • Mississippi Bans Texting and Driving. The Mississippi legislature passed a permanent prohibition against driving a motor vehicle while writing, sending or reading a text message. This version of the law prohibits not only texting and driving, but also accessing any social networking site using a cell phone.
  • New Jersey Equal Pay Law. Prohibits employers from paying an employee who is a “member of a protected class” less than employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.
  • Oregon enacts scheduling requirements for certain establishments. Employers in the retail, food services and hospitality industries employing 500 or more employees worldwide must comply with various scheduling practices.
  • Rhode Island enacts sick leave law. Employers with 18 or more employees working in the state must allow employees to accrue at least one hour of paid sick leave for every 35 hours worked (up to 24 hours). Smaller employers must also provide leave, but it may be unpaid.
  • Vermont Law bars inquiries into Job Applicant’s Salary and Benefit History. Employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history.
  • Vermont’s Governor signs recreational marijuana law. The law eliminates all penalties for possession of one ounce or less of marijuana and permits a person who is 21 years of age or older to grow up to two mature and four immature marijuana plants. However, the law does not prevent an employer from adopting a policy that prohibits the use of marijuana in the workplace.
  • Vermont Amends Anti-Discrimination Law to include crime victims. The amendment adds crime victims as a protected class and requires employers to provide eligible crime victims (employed for at least six months for an average of 20 hours per week) with unpaid leave to attend legal proceedings related to the crime.
  • Vermont Non-Disclosure Agreement and sexual harassment laws take effect. Restricts employers from requiring current or prospective employees to waive their right to disclose sexual harassment or exercise substantive or procedural rights or remedies.
  • Vermont Gender-Free Restroom Law. Any single-user restrooms in public buildings or places of public accommodation must be available to persons of any gender. The signage on the door of such single-user bathrooms must not identify any specific gender.
  • Virginia Increases Garnishment Amount. The amount that can be taken from an employee's paycheck for garnishment is increased to 25% of an employee's disposable earnings. If an employee "makes minimum wage or less" for the week's earnings, the employee may keep 40 times the minimum hourly wage before garnishment.
  • Virginia Income Withholding Orders. Virginia has repealed a law that required employers to ask employees if they have an income withholding order.
July 8, 2018:
  • New Hampshire Amends law against discrimination to include Gender Identity. An employer cannot refuse to hire, bar or discharge from employment, or discriminate against an individual in compensation or in the terms, conditions or privileges of employment on the basis of the individual's gender identity.
July 9, 2018:
  • Westchester County, New York Bans Salary History Inquiries. Westchester's regulation prohibits employers from relying on, requesting or seeking the salary history of an applicant from a current or former employer. Similarly, an employer may not make the disclosure of an applicant's salary history a prerequisite to an interview, further consideration or employment. The ordinance also makes unlawful any retaliation, including refusing to hire someone, due to an applicant withholding his or her salary history.
July 11, 2018:
  • New York State enacts laws combating sexual harassment in the workplace. Prohibits mandatory arbitration clauses for sexual harassment claims and mandatory nondisclosure agreements in sexual harassment settlements.
July 18, 2018:
  • New York City enacts law allowing requests for temporary schedule changes. New York City employers will be required to provide temporary schedule changes to employees for “personal events.” Employees are entitled to no more than two such requests in a calendar year, for up to one business day per request. Employers may fulfill their obligation by permitting an employee to use two business days for one request.
July 29, 2018:
  • New Hampshire Amends Wage Payment Law. Employers in New Hampshire must pay their employees within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis.

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