EMPLOYMENT LEGISLATION

FEDERAL LEGISLATION

OSHA Final Rule on Workplace Injury and Illness Reporting Requirements – Record Reporting - Amends recordkeeping and reporting requirements to require certain employers to electronically submit injury and illness information to OSHA.

NLRB Final Joint Employer Rule– Joint Employment - Defines joint employment under the National Labor Relations Act (NLRA). Two or more employers will be held to be joint employers under the NLRA where they share or codetermine those matters governing employees’ essential terms and conditions of employment. Effective February 26, 2024.

CALIFORNIA LEGISLATION

Governor Gavin Newsom signed the following California Legislature’s labor and employment bills into law. Unless noted otherwise, the bills below will take effect on January 1, 2024.

AB 1076 – Noncompete Agreements - Voids noncompete agreements in an employment context that does not satisfy one of the exceptions to the prohibition on non-competes. Requires employers to notify current and former employees in writing by February 14, 2024 that a noncompete that applied to them is now void.

SB 699 – Noncompete Agreements – Prohibits employers from entering into or attempting to enforce noncompete agreements, which are void under state law, regardless of where and when the contract was signed.

AB 1355 – Notice Requirements - Allows employers to email employees’ statements of earned income tax credits and unemployment benefits with employees’ written consent and prohibits employers from taking adverse action against employees who opt out of receiving electronic statements.

AB 636 – Notice Requirements - Agricultural Employees – Requires employers to 1) include in the required notice to a new employee information regarding emergency or disaster declarations for the county where the employee works, and 2) provide this information and information about agricultural employee rights under California law, in English and Spanish to employees admitted to work under the federal H-2A agricultural visa, if requested by the employee.

AB 1389 – Unemployment Compensation - Extends the response time for a levy for delinquent payment of employer contributions for Unemployment Insurance and Employment Training Tax from five days to no longer than 14 business days.

AB 2188 – Cannabis Use - Except for employees in the building and construction trades, prohibits discrimination in hiring, termination, or terms and conditions of employment based on cannabis use during non-work hours, or the results of an employer-required drug screening that has detected non-psychoactive cannabis.

SB 700 – Cannabis Use – Amends the Fair Employment and Housing Act to make it unlawful for an employer to request information from a job applicant relating to the applicant’s prior use of cannabis, unless otherwise required by state or federal law.

AB 594 – Enforcement of Labor Code - Authorizes public prosecutors to bring civil or criminal actions for Labor Code violations and provides that any agreement between a worker and employer to limit representative actions or mandate arbitration is unenforceable in actions by the Labor Commissioner or public prosecutor.

AB 647 – Grocery Stores & Business Restructuring - Expands the rights of employees when there is a change of control of a grocery establishment and amends the definition of grocery establishment to include grocery distribution centers.

AB 933 – Sexual Harassment and Discrimination - Establishes that complaints and related communications regarding sexual assault, harassment, or discrimination are privileged and therefore protected from civil actions, such as defamation suits.

AB 1228 – Fast Food Workers – Creates a Fast-Food Council which will make recommendations for new standards specific to the fast-food industry. Effective April 1, 2024, implements a new minimum wage rate of $20 per hour for employees at a “National Fast-Food Chain,” as defined.

SB 365 – Arbitration Proceedings and Procedure - Provides that an appeal from an order dismissing or denying an employer's petition to compel arbitration does not automatically stay trial court proceedings.

SB 476 - Wage and Hour - Provides that time employees spend to complete food handler training and certification is compensable “hours worked,” for which the employee must be paid. Requires payment of necessary expenditures or losses for the employee in obtaining a food handler card. Requires employees to be relieved of all other work duties while taking the training course and examination.

SB 497 – Discrimination and Retaliation - Creates a rebuttable presumption against an employer in a claim by an employee or applicant for discrimination, retaliation, or adverse action, within 90 days of their protected conduct, including complaints of unequal pay, and creates a civil penalty of up to $10,000 for each violation.

SB 553 – Workplace Health and Safety - Requires employers to implement a workplace violence prevention plan and provide training to employees; amends the California Code of Civil Procedure, effective January 1, 2025, to allow a collective bargaining representative to seek a restraining order against an employee who poses a credible threat of violence.

SB 616 – Paid Sick Leave - Increases the number of job-protected paid leave hours employees can receive and use each year; extends some protections to employees covered by a collective bargaining agreement; creates partial preemption of local sick and safe time standards.

SB 723 – Layoffs and Right to Recall – Hospitality Industry - Extends until December 31, 2025, the expiration date for the law affording a right to recall for employees in the hospitality industry laid off as a result of the COVID-19 pandemic; creates a presumption that a separation due to lack of business, reduction in force, or other economic, non-disciplinary reason is due to COVID-19.

SB 848 – Leave of Absence - Provides for a leave of absence for a reproductive loss event, including the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.

SB 525 – Healthcare Worker Minimum Wage – Enacts different minimum wage increases depending on the type of health care facility.

Anaheim Ordinance No. 38015– Workplace Health and Safety Hospitality Industry - Requires a hotel employer to provide workers with personal safety devices and workplace safety training; allows a worker up to three hours of paid time off to redress an incident of workplace violence.

LEGISLATION IN OTHER STATES

LEGISLATION IN OTHER STATES

The following is a summary of key legislations that have passed, recently. Unless noted otherwise, the bills below will take effect on January 1, 2024.

ARKANSAS

HB 1197 – Unemployment Compensation - Prospective employers may notify the Division of Workforce Services if a candidate fails to respond to an employment offer or appear for a job interview, which will result in disqualification for unemployment insurance.

SB 434 – Income Tax Withholding - Reduces the threshold number of employees, from 250 to 125, to trigger the requirement to file Arkansas tax withholding statements electronically.

COLORADO

Colorado Final Rule re FAMLI Program Premiums (7 CCR 1107-1) - Paid Family ⁄ Medical Leave Insurance - Amendments clarify the definition of wages and establish fines for non-payment of premiums.

Colorado Proposition 122 (Ballot Measure)- Drug Use- Decriminalizes the use or possession of certain natural psychedelic medicines, including psilocybin and psilocin, the psychoactive chemicals in psychedelic mushrooms, but does not require employers to permit or accommodate the use of natural psychedelic medicines in the workplace.

SB 23-105 - Equal Pay/Wage Transparency- Amends Colorado’s Equal Pay for Equal Work Act to require employers to post all job and promotional opportunities, with salary range, benefits, and information about the hiring process. Extends the back pay recovery period from three to six years for employees who claim pay discrimination.

CONNECTICUT

SB 913 – Workers’ Compensation- Expands workers' compensation coverage for post-traumatic stress injuries for all employees, not just police officers, firefighters, emergency medical service personnel, emergency 911 dispatchers and similar employees.

SB 1103 – Artificial Intelligence- Enacts new rules pertaining to artificial intelligence, automated decision-making, and data privacy. Establishes an Office of Artificial Intelligence and a task force to study AI and develop an AI bill of rights. Requires the Department of Administrative Services to inventory AI systems in use by any state agency.

HAWAII

SB 1057 – Equal Pay/Wage Transparency- Expands Hawaii’s existing equal pay requirements by prohibiting an employer from paying employees in “any protected category” listed in Hawaii’s employment discrimination statute less than it pays other employees in the establishment for “substantially similar work.” Also requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual expected compensation” for the position being posted.

ILLINOIS

HB 2068 – Employee Benefits- Requires employers with at least 50 employees in Chicago and other towns and counties, to allow employees to use pre-tax dollars for the purchase of a transit pass through payroll deductions.

HB 2145 – Workers’ Compensation - Provides that an employer that fails to carry workers' compensation insurance may have its business license revoked and pay fines.

HB 2493 – Leave of Absence - Requires an employer to provide up to two workweeks of unpaid leave to an employee grieving a family or household member killed in a crime of violence.

SB 2034 – Leave of Absence - Employers with at least 50 full-time employees in Illinois are required to provide unpaid bereavement leave to an employee who has lost a child by suicide or homicide. The amount of the leave depends on the size of the employer.

HB 3516 – Leave of Absence- Requires employers with businesses with 51 or more employees to allow employees to use up to ten days of paid leave in a 12-month period for organ donation.

SB 208 - Paid Leave- Creates the Paid Leave for All Workers Act to permit employees to accrue 40 hours of paid leave per year to use for any purpose.

HB 2907 – Labor Management Relations - Permits an award of monetary damages for damage done to an employer's property as a result of conduct prohibited by law during a labor dispute.

HB 3396 – Labor Management Relations- Amends the Labor Dispute Act to provide that any person who places any object in the public way with intent to obstruct or impede labor picketing, demonstrations, or protest, commits a Class A misdemeanor with a minimum fine of $500.

HB 3733 – Notice Requirements- Requires employers with remote workers to provide notices required under certain employment laws by email or on the employer’s website.

Chicago Paid Leave and Paid Sick and Safe Leave Ordinance- Paid Leave- Employees will accrue one hour of Paid Sick Leave for every 40 hours worked and may use up to 40 hours of Paid Leave per year. Depending on employer size, Paid Leave may need to be paid out on separation of employment. Effective December 31, 2023.

INDIANA

SB 419 – Income Tax Withholding- Provides that an individual who is not a resident of Indiana and receives compensation for employment in Indiana for 30 days or less during the calendar year is exempt from the adjusted gross income tax.

MICHIGAN

SB 34 – Labor Management Relations- Repeals the state's right-to-work provisions. Effective March 30, 2024.

MINNESOTA

HF 447 and SB 2909– Discrimination/ Pay History - Prohibits employment discrimination based on gender identity; prohibits an employer from inquiring into, considering, or requiring disclosure of a job applicant's pay history during the hiring process.

Chapter 53 – MN Laws– Paid Leave - The new Earned Sick and Safe Time (ESST) law requires employers to provide employees one hour of paid time off for every 30 hours worked up to a maximum of 48 hours each year when an employee is sick, to care for a sick family member, or to seek assistance if an employee or their family member has experienced domestic abuse.

Bloomington Ordinance No. 2023-24– Paid Leave- Amends the city's paid sick and safe time ordinance to align it with the statewide ESST law.

St. Paul Ordinance No 23-48– Paid Leave - Amends the city's paid sick and safe time ordinance to align it with the statewide ESST law.

MONTANA

HB 447 – Income Tax- Describes the circumstances when employers are not required to impose withholding tax on certain nonresident employees.

NEW YORK

AB 836 – Privacy and Data Security - Prohibits employers from requesting or requiring employees or applicants to disclose any username, password, or other means for accessing a personal account or service through specified electronic communications devices. Effective March 12, 2024.

OHIO

Columbus Ordinance No. 0709-2023– Pay History - Prohibits employers with 15 or more employees from asking about or screening job applicants based on their current or prior wages, benefits, other compensation, or salary histories. Effective March 1, 2024.

OREGON

HB 3307 – Discrimination and Harassment – Extends civil rights, discrimination, and harassment workplace protections to participants in registered apprenticeship programs and certain private-sector on-the-job training programs.

HB 3443 – Leave of Absence - Expands eligibility for protected leave under the Oregon Family Leave Act (OFLA) to include bias crime victims.

SB 1033 – Leave of Absence - Defines “active service of the state” for purposes of the requirement that an employer grant a leave of absence during a period of active military service.

SB 184 – Reporting Requirements – Modifies employer child support reporting requirements to include payments made to independent contractors.

SB 907 – Discrimination/ Retaliation/ Workplace Safety - Bars employers from retaliating or discriminating against employees who refuse to do work that would expose them to serious hazards, provided the employee acted "in good faith and with no reasonable alternative."

RHODE ISLAND

HB 5902 – Wage and Hour - Increases the criminal penalty for employers involved in wage payment violations and employee misclassification.

TENNESSEE

SB 454 (HB609)– Family/Medical Leave Insurance - authorizes the issuance of an insurance policy that an employer may offer to an employee for the purpose of providing family leave benefits.

VIRGINIA

Virginia Final Rule re: Workplace Injuries and Illnesses Reporting Requirements (16 VAC 25-85) – Workplace Safety- Adopts by reference the federal Occupational Safety and Health Standards related to reporting and recordkeeping.

WASHINGTON

Washington Final Rule re: Unemployment for Officers of Employee-Owned Cooperatives (WAC 192-310-190)– Unemployment - Excludes certain corporate officers from eligibility for unemployment benefits.

SB 5123 – Cannabis Use - Prohibits an employer from discriminating against a person in hiring based on the person's use of cannabis off the job and away from the workplace, or because an employer-required drug screening test found the presence of non-psychoactive cannabis metabolites.

SB 5176 – Unemployment- Amends the definition of “unemployed” as it relates to officers of cooperative associations.

SB 5586 – Paid Family and Medical Leave - Provides that a current employer, a current employer's third-party administrator, or an employee may request access to an employee’s Washington Paid Family and Medical Leave Act claim records for the purpose of administering internal employer leave or benefit practices.

SB 5111 – Paid Sick Leave - Provides that employers must pay certain temporary construction workers, who have not been employed for 90 days, the balance of their accrued and unused paid sick leave upon separation from employment.