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Home / Media / Blog / Labor Law Updates for July – 2021
INFINITI HR is happy to provide Monthly State Law Updates as a service to our subscribers. These briefs provide a general description and are not meant to be all inclusive of compliance requirements. This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.
This list is not inclusive of all legislative changes for employers across the U.S. Other changes may have been addressed in previous updates, which can be accessed online on our partner website inspiringhr.com.
Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.
Some of the notable upcoming State Changes in this issue are as follows:
The California Department of Occupational Safety and Health (DOSH) has issued updated rules for employers regarding employee vaccination status, record-keeping, facial coverings and physical distancing that closely align with CDC recommendations. https://www.dir.ca.gov/dosh/coronavirus/Revisions-FAQ.html
The state of Delaware joins other states in adding a prohibition of discrimination based on “protective hairstyle” – primarily those associated with race, such as texture, braids, locs and twists. The new legislation includes a synopsis of a 2019 study showing disparate treatment of Black women in the workplace based on hairstyle.
Affects private employers with 50 or more employees in NV and who have been in operation for at least 2 years.
Amends Paid Leave and adds Paid COVID 19 Vaccination Leave. Leave laws already prohibit retaliation or adverse action against employees using covered leave. The purpose of these changes is to ensure that specific circumstances receive protection under existing Paid Leave laws.
Paid Leave, amended – Requires covered employers to allow employees to use paid leave for any use, and now specifically including:
Paid COVID-19 Vaccination Leave, new – Requires covered employers to provide:
Expiration: Paid COVID-19 Vaccination Leave expires December 31, 2023.
Affects all private employers. Existing law already prohibits employers from discriminating on the basis of race.
New law clearly defines “race” to mean “traits associated with race, including, without limitation, hair texture and protective hairstyles.” “Protective hairstyles” includes, “without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.”
Affects all private employers.
What’s included in the law:
New restrictions on when employers and employment agencies may request and use an applicant or employee’s wage or salary history, and requirements for disclosure of the wage range or rate for a position. Under the law, employers may not:
The law also requires that employers disclose the wage or salary range or rate for a position to applicants for employment who have interviewed for the position. Further, employers must disclose the wage or salary range or rate for a position to existing employees seeking promotion or transfer to that position if the employee has:
Affects all employers regardless of size. The required workplace poster is in development. Details on the upcoming requirement can be found here.
What’s required:
Affects all employers regardless of size. Under existing law, a non-competition covenant must meet certain requirements to be enforceable, and is prohibited from restricting a former employee from providing service to a former customer or client under certain circumstances.
What’s new:
The amendment stipulates that employers are explicitly prohibited from bringing an action to restrict a former employee from providing service to a former customer or client if:
The amended law now prohibits non-competes for any “employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.” If a court finds that a non-compete applies to an employee “paid solely on an hourly wage basis,” the court will award the employee reasonable attorney’s fees and costs, regardless of whether it was the employer or the employee who brought forward the challenge to the covenant.
Recent legislative changes to the North Carolina Wage and Hour Act (NCWHA) affect how employers address certain payroll practices. Employers must provide to a newly hired employee written notification of promised wages, payday, and place of payment. Thus, an employer no longer has the option of orally notifying employees of promised wages. Employers must provide a written notice at least an entire pay period before making any changes in promised wages. Separated employees must submit a request in writing if they want their final paycheck mailed to them, and the paycheck must be sent using trackable mail.
The New Jersey WARN Act has new employer eligibility and requirements. The following changes will apply to NJ employers:
Interested in other current employment trends? Click the link to view the recent blog: Will Your New Employee “Ghost” You? or check back for more on human resources, payroll, insurance, and benefits.
This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.
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