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Labor Law Updates for October 2020
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.
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:
CALIFORNIA
California Leave Rights to expand – Effective January 2021
Effective January 2021, the state of California has expanded leave rights under the California Family Rights Act (CFRA.) Similar to FMLA, CFRA allows eligible employees* up to 12 weeks of job-protected leave for purposes of child bonding, caring for a family member with a serious health condition or because of their own serious health condition.
Updates to the leave law include: expanding the leave to employers of 5 or more employees (previously applied to employers of 50 or more employees within 75 miles,) adding to the definition of “family member” and allowing two parents working for the same employer to each take 12 weeks to care for, or bond with, a child.
*eligible employees are defined as those with 12 months of service and 1250 hours worked in the 12 months prior to the beginning of leave.
Full regulations are posted in this link.
MAINE
Maine enacts mandatory Paid Time Off – Effective January 1, 2020
Effective in January 2021, the state of Maine is requiring all private employers of 10 or more employees to provide at minimum 40 hours of Paid Time Off via accrual at a rate of 1 hour per 40 hours worked or granted via lump sum that can be used for any purpose each year.
Full time, part-time and per diem employees are eligible to use available paid leave (subject to some advance notice rules), after reaching the 120th day of employment.
MARYLAND
Maryland expands Salary History Ban – Effective October 1, 2020.
On October 1, 2020, Maryland will expand the Salary History Ban which was originally passed in 2016 known as the Equal Pay for Equal Work Law. The expansion includes a State-wide Salary History Ban which now includes applicants and an Anti-Retaliation provision.
Key provisions of the bill prohibit employers from inquiring about an applicant’s salary history. However, employers may use the information if voluntarily given after an initial offer of employment has been made to support a higher offer.
Employers also must provide a wage range for the position if requested by the applicant.
In both cases, employers cannot retaliate or refuse to hire someone because they did not provide a salary history or requested a salary rage for the position
The second part prohibits employers for retaliating for inquiring about their salary in comparison to someone else’s. Previously, the law only prohibited retaliation when an employee inquired about another person’s salary.
MISSOURI
Kansas City Mo passes CROWN Act Ordinance – Effective November 1, 2020
The Kansas City, MO City Council passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act Ordinance, which prohibits discrimination based on natural hairstyles and hair textures that are associated with race. The law becomes effective on November 1, 2020 for all Kansas City MO area employers.
Employers that violate the Ordinance risk being subject to complaints of race discrimination, which can result in substantial monetary damages.
- The new law expands anti-discrimination regulation to include traits historically associated with race, including hairstyles and hair textures.
- The Ordinance modifies the definition of “Race” to include “traits historically associated with race including, but not limited to, hair texture and protective hairstyles.” Protective hairstyles include, but are not limited to, “such hairstyles as braids, locks, and twists.” Afros are identified in the Preamble of the Ordinance, indicating that they also qualify as a protected hairstyle.
- While the Ordinance focuses on hairstyles, the language added to the definition of “Race” leaves room for employees to claim that other “traits” that are also historically associated with their race are now covered by the new language.
Click the link to view the recent blog: Managing Equipment and Payroll Deductions in the World of Remote Work 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.
