Recent Updates

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.

President Biden has announced that federal contractors and subcontractors will have until January 18, 2022 to ensure that all covered employees are fully vaccinated for COVID-19.

The Centers for Medicare & Medicaid Services (CMS) has issued an emergency rule that requires COVID-19 vaccination for workers at healthcare facilities that participate in Medicare and Medicaid programs.

The Biden administration has announced its Final Rule directing federal contractors to pay their workers a $15 minimum wage starting next year.

The Final Rule, effective January 30, 2022, establishes standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 14026 (Order). Additionally, it sets forth an anti-retaliation provision, a prohibition against waiver of rights, and a severability clause. Finally, the Final Rule specifies procedures related to complaint intake, investigations, remedies, and administrative enforcement proceedings.

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.

Seattle Washington's minimum wage will increase on January 1, 2022. Employers must pay all non-exempt employees who work in Seattle at least the minimum wage per hour.

The New York City Human Rights Law (NYCHRL) prohibits discrimination and harassment based on gender, which includes actual or perceived sex, gender identity, and gender expression, regardless of the sex assigned to that person at birth. The NYCHRL’s discrimination provisions apply to employers with four or more employees but the gender-based harassment provisions apply to all employers.