As previously communicated, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, a new pay data reporting requirement. Covered employers will have to provide California's Department of Fair Employment and Housing (DFEH) with pay data by specified job categories and by race, ethnicity and sex. The reports will be due on an annual basis, starting March 31, 2021, for calendar year 2020.

When an employee asks for time off, employers must determine whether the employee is eligible for a leave of absence under federal, state, or local law and/or the employer's own policy. Below are various factors to consider when making these determinations.

The City of Pittsburgh has adopted a temporary ordinance that requires employers to provide leave for certain COVID-19 related reasons to employees who work within the city. The ordinance is in effect from December 9, 2020, until the end of the COVID-19 public health emergency.

The City of Philadelphia issued regulations to clarify the circumstances in which certain employees can take leave under the Promoting Healthy Families and Workplaces Ordinance (PHFWO).

Michigan has adopted legislation (Senate Bill 1258) that amends the rules for returning to work after testing positive for COVID-19, displaying symptoms of COVID-19, or having close contact with someone who has COVID-19. Senate Bill 1258 is effective immediately.

In 2019, Florida enacted legislation that requires certain businesses in Florida to provide training on human trafficking and/or post a sign on human trafficking. Many of these requirements took effect on January 1, 2021.

Colorado has issued emergency rules and guidance on the state's new paid leave requirements.

The city of San Jose (CA) has adopted an emergency ordinance that extends and expands a requirement for employers to provide paid sick leave to employees for reasons related to COVID-19. The ordinance is in effect through June 30, 2021.

The Department of Labor (DOL) has published a final rule revising its tipped employee regulations. The final rule takes effect March 1, 2021.

The Department of Labor has published a final rule that will change the test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule takes effect March 8, 2021.