As a reminder, on Sept. 17, 2020, California Gov. Gavin Newsom signed into law SB 1159, concerning workers’ compensation, the coronavirus (COVID-19) and critical workers. This new law added sections (§3212.86-3212.88) of the CA Labor Code, codifying the Executive Order signed by Gov. Newsom on May 6, 2020, and expanding the “rebuttable presumption of compensability ” for certain employees who test positive for COVID-19.
California has enacted legislation (Senate Bill 639) that will phase out a provision that allows employers to pay a subminimum wage to employees with disabilities.
California's Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination because of sex, gender, gender identity, gender expression and certain other characteristics. The discrimination provisions cover employers with five or more employees, but the harassment provisions cover all employers.
The California Department of Industrial Relations has announced an increase to the pay rates that computer software employees and physicians must receive in order to be exempt from overtime. Additionally, the minimum salary required for the administrative, professional, and executive overtime exemptions will also increase. These new rates take effect on January 1, 2022.
The California Department of Industrial Relations (DIR) has revised emergency rules related to protecting workers from COVID-19. The revisions are effective immediately.
Fully vaccinated employees in California are generally no longer required to be excluded from the workplace if they have had COVID-19 exposure as long as they are asymptomatic, according to updated guidance from the Department of Industrial Relations (DIR).
Santa Clara County (CA) has issued an order that requires employers to determine the vaccination status of all employees and contractors and to take certain other safety measures. The order took effect May 19, 2021 and supersedes the October 5, 2020 Risk Reduction Order of the Health Officer.
The California Supreme Court has ruled that employers are prohibited from using rounding practices when tracking whether meal periods are provided in compliance with state requirements.
California has enacted legislation (Senate Bill 95) that requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave to employees. The leave requirement applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021.
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West Virginia has issued a final rule that amends child labor regulations. The final rule is effective immediately and set to expire on Aug. 1, 2027.
The Vermont Department of Taxes has provided withholding tax guidance for relocated and remote workers.
Tennessee has enacted legislation (Senate Bill 958) that allows employers to create a voluntary shared work program. Senate Bill 958 took effect on May 27, 2022.
Illinois has enacted legislation (Senate Bill 3120) expanding the requirement that employers with 50 or more employees provide bereavement leave. Senate Bill 3120 takes effect January 1, 2023.
Chicago has established an ordinance that will require employers to have a written policy on sexual harassment, provide harassment training annually, and display a poster in the workplace beginning July 1, 2022.