Employment Legislation Outlook
Upcoming Changes to State Laws
Date: December 01, 2021
With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution.
This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.
Here’s what’s on the horizon:
- California expands limitations on non-disclosure provisions in agreements resolving harassment and discrimination claims effective January 1. California also expands CFRA effective January 1.
- Colorado vacation and overtime changes effective January 1.
- Connecticut paid family leave benefits begin January 1.
- Illinois expands disability discrimination protections effective January 1. Amendments to the Illinois Freedom to Work Act also effective January 1.
- Amendments to Minnesota's pregnancy accommodation laws effective January 1.
- Montana prohibits discriminating against off-duty marijuana use effective January 1.
- Oregon non-compete law effective January 1. Oregon hairstyle and texture anti-discrimination protections also effective January 1.
- Philadelphia prohibits pre-employment marijuana testing effective January 1.
- New York expands whistleblower protections effective January 26.
- New Mexico paid sick leave effective July 1.
- Colorado paid family leave deductions begin January 1.
- Illinois employers must begin filing annual reports similar to EEO-1 with the Illinois Secretary of State effective January 1.
- New Hampshire voluntary paid family leave effective January 1.
- New York expands Paid Family Leave Act effective January 1.
- Oregon requires paid family leave contributions January 1. Oregon paid family leave benefits begin September 3.
- Colorado paid family leave benefits begin January 1.
- Illinois employers with more than 100 employees must file equal pay registration certificate effective March 23.
In case you missed it:
- Nevada leave to assist family members effective October 1.
- Pennsylvania Executive Order dated October 21 requires businesses that receive state funding to provide employees with paid sick leave.
COVID-19-Related Leave Law and Other Changes:
- New York quarantine leave law extended into 2021.
- City of Oakland emergency paid sick leave ordinance extended into 2021.
- Pittsburgh supplemental paid sick leave effective July 29.
- City and County of Los Angeles supplemental paid sick leave expanded through August 31.
- City and County of San Francisco supplemental paid sick leave laws extended into February.
- City of Long Beach COVID-19 paid sick leave ordinance extended on rolling 90-day basis.
- City and County of Sacramento supplemental paid sick leave ordinances extended until March 31.
- City of Santa Rosa COVID-19 related paid sick leave reinstated through March 31.
- San Jose emergency paid sick leave ordinance extended to June 30.
- San Mateo County supplemental paid sick leave ordinance extended through June 30.
- County of Sonoma emergency paid sick leave ordinance extended through September 30.
- New York vaccine paid leave effective March 12.
- California supplemental paid sick leave available January 1 through September 30.
- Washington paid family and medical leave pandemic assistance grants effective August 1.
- Philadelphia Public Health Emergency Leave extended effective March 29. (expired)
- Massachusetts COVID-19 emergency paid sick leave effective May 29, 2021 through April 1, 2022.
- Los Angeles COVID-19 vaccine leave effective June 24, retroactive to January 1.
- D.C. COVID-19 leave and paid sick time law effective through November 5.
- New York City paid sick leave for children's vaccinations effective.
- Washington, D.C. paid vaccination leave effective November 18.
What to Watch:
North Carolina local anti-bias laws – workplace discrimination bans that cover LGBTQ workers, and in some cases, protect against natural hairstyles or textures traditionally associated with race or nationality – have cropped up after the "bathroom bill" moratorium expired in December 2020. Charlotte's protection begins January 1.