California has amended Section 6404.5 of its Labor Code to expand its prohibition on the smoking of tobacco products in a place of employment.  In addition to bringing owner-operated businesses into the gambit of environments in which smoking is prohibited, the law eliminates most of the exemptions that permitted smoking in certain work environments, such as hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, and employee break rooms.

Utah Governor Gary Herbert signed legislation (Senate Bill 59) that requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, breastfeeding, and pregnancy-related conditions.

This ordinance passed following a referendum vote on June 7, and will go into effect immediately following certification of the election results.  The certification process will likely conclude in mid-July 2016.

New York Governor, Andrew Cuomo, signed legislation implementing a staggered set of regional minimum wage increases with the end goal of increasing the state’s minimum wage to $15.00 an hour by 2021. 

Austin, Texas has enacted a city ordinance prohibiting employers from asking about or considering a job applicant’s criminal history before making a conditional offer of employment. Austin is the first city in the South to enact such a “Fair Chance” or “Ban the Box” law.  Please be reminded that clients taking advantage of ADP Screening and Selection Services should use the most recent version of the Background Check Consent Form which is available in the Forms Library in My TotalSource in the pre-employment section.

Vermont has enacted a statute prohibiting most employers from requesting criminal record information on an initial application. 

Also, please be reminded that clients taking advantage of ADP Screening and Selection Services should use the most recent version of the Background Check Consent Form which is available from your HR Business Partner.

Pennsylvania has joined the growing list of states legalizing the use of marijuana for medicinal purposes. On April 17, 2016, Pennsylvania enacted its Medical Marijuana Act (the “Act”) and, although the law takes effect on May 17, 2016, the State’s Department of Health must now go through the process of creating and implementing a regulatory program before its constituents can begin dispensing and using medical marijuana.

Our Sick Leave Toolkit, which includes Frequently Asked Questions (FAQs) and model sick leave policies for jurisdictions with sick leave laws, has been updated to reflect the new requirements in Minneapolis, Santa Monica, Los Angeles and Vermont.

In an unprecedented opinion, a California Court of Appeal has held that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. 

California has expanded its paid family leave program to provide greater benefits beginning January 1, 2018.