Compliance Corner

Governor Jim Justice has signed legislation (House Bill 335) that requires employers to provide an exemption process as an alternative to COVID-19 vaccination mandates. House Bill 335 takes effect on Jan. 18, 2022.

Utah Governor Cox signed Utah S.B. 2004 which is effective immediately. This law prohibits:

-       Private-sector employers from requiring COVID-19 vaccinations unless a range of individual exemptions are granted when requested by employees. 

-       Employers from retaining a record or copy of an employee’s vaccination proof documents unless the employer can show it must retain such records pursuant to law, or there is an “established business practice or industry standard” of maintaining vaccination records.

Governor Kathy Hochul has signed legislation (Senate Bill 4934A) that expands protections for whistleblowers. Senate Bill 4934A takes effect on Jan. 26, 2022.

Illinois has enacted legislation (Senate Bill 1169) that clarifies that the state’s Health Care Right of Conscience Act (HCRCA) doesn’t prohibit employers from requiring COVID-19 vaccination and/or testing. Senate Bill 1169 takes effect June 1, 2022.

Florida has enacted legislation (House Bill 1) that prohibits private employers from imposing a COVID-19 vaccination mandate without providing exemptions for medical reasons (including pregnancy and anticipated pregnancy), religious reasons, COVID-19 immunity, periodic testing, and the use of employer-provided personal protective equipment (PPE). House Bill 1 is effective immediately and expires on June 1, 2023.

The Colorado Department of Labor and Employment has released rules that finalize an increase to the minimum wage and the minimum salary required for exemption from overtime, add a new exemption from overtime for highly compensated employees, and establish new poster rules for employers. The changes are included in Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 and the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order and take effect Jan. 1, 2022.

The Colorado Department of Labor and Employment (CDLE) has issued a final rule clarifying that employers are prohibited from requiring employees to forfeit any accrued paid time off (PTO) that they may choose to use for vacation and other needs. The final rule takes effect January 1, 2022.

West Hollywood, California has enacted an ordinance that establishes a local minimum wage. The ordinance takes effect on January 1, 2022 and applies to any employee who works at least two hours per week in West Hollywood.

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.

Washington has announced that premiums for its Paid Family and Medical Leave Insurance Program will increase and that employers must start collecting premiums for the Washington Cares program. The premium requirements will begin on January 1, 2022.