Federal Legislation Update
EEOC Delays EEO-1 Surveys until 2020
Because of the COVID-19 Pandemic, the Equal Employment Opportunity Commission (EEOC) has announced it won’t require private and nonprofit sector employers to submit EEO-1 data this year.
EEOC Updates Information on the ADA and COVID-19
The Equal Employment Opportunity Commission (EEOC) has updated its technical assistance FAQ’s answering additional questions about the effect of the COVID-19 epidemic on federal employment laws the agency enforces.
The Job Accommodations Network (JAN) is a great resource for employers that are exploring accommodation options. JAN’s resources include an online data base of accommodations.
Paycheck Protection Program Flexibility Act (PPPFA)
What does this mean for you? Bottom line, more time and flexibility if you’ve received a PPP loan.
- 24 weeks to use the funds instead of just 8 weeks.
- An extension to December 31, 2020 instead of the June 30th deadline to bring employees back from furlough.
- An extension of time to repay the loan, portion not forgiven, from 2 years to 5 years.
- 40% of loan may be used on rent, mortgage, utilities and other related costs.
- Flexibility on how much must be used for payroll purposes – 60% rather than 75%.
- Payroll costs include:
- State and local taxes assessed on pay.
- Employee benefits, including paid leave, any severance paid, insurance premiums and retirement benefits.
- Salary, wages, commissions and tips, up to $100,000 annualized for each employee.
- Payroll costs include:
State Legislation Update
Colorado
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Creating a Respectful and Open World for Natural Hair Act 2020(HB 1048) | Hairstyle Discrimination | Prohibits discrimination on the basis of hair styles historically worn by people of certain races. | Unclear due to COVID-related adjournment of the Colorado Legislature. It would have taken effect August 5, 2020. A Colorado Supreme Court case is pending to determine the effect of the adjournment. |
| Colorado Final Rules Implementing the COMPS Order7 CCR 1103-1 | Wage and Hour: Wage Statements; Home Healthcare | Amends the required contents of a wage statement and requires employers to give employees access to wage records; Clarifies overtime and breaks for companions. | July 15, 2020 |
| Colorado Final Rule on Direct Investigations7 CCR 1103-8 | Wage and Hour: Investigations | These rules amend what constitutes a written demand in a wage and hour direct investigation by deleting rule 3.3 (notice of preliminary findings as a written demand), amending rule 5.1.6 (stating the Citation and Notice(s) of Assessment constitute a written demand), and amending rule 6.5 (defining when new evidence is permissible or excluded in appeals). | July 15, 2020 |
| Colorado Final Rules on Wage Protection Act7 CCR 1103-7 | Independent Contractors; Joint Employment | Establishes the test for determining whether a worker is an employee or an independent contractor and for determining whether a joint employment relationship exists under certain state law. Updates the definition of “employee” to parallel the statutory amendment to the “employee” definition enacted by Colorado 2019 House Bill (H.B.) 19-1267, effective January 1, 2020. Defines employer in alignment with the FLSA. | July 15, 2020 |
Idaho
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Idaho Code Section 49-1401A | Cell Phones and Distracted Driving | The law states that except for certain delineated exceptions a person shall not operate a motor vehicle while using a mobile electronic device. Violations are punishable by monetary fines. Exceptions include: “public or consumer-owned utility employee or contractor acting within the scope of that person’s employment when responding to a utility emergency.” | July 1, 2020 and provides that only warnings and no infractions shall be issued under this section prior to January 1, 2021. |
| Idaho Code Section 17-1333 | Unemployment and Workers’ Compensation | Adds a good cause provision to the unemployment experience rate calculation and changes the date notification is required to exempt corporate officers from workers’ compensation coverage. In order to exempt corporate officers, companies must submit exemption forms by March 31st and the forms will remain in effect for at least two calendar years. The law adds “with good cause but for reasons not attributable to such covered employer” to the list of situations under which no charge shall be made to a covered employer’s account. | July 1, 2020 |
Illinois
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Amendments to the Illinois Human Rights Act
Illinois Public Act 101-0430 |
Discrimination | Amends the Illinois Human Rights Act. Provides that “employer” includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that “employer” does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. | July 1, 2020 |
| Illinois Public Act 101-0486 | School Activities Leave; Retaliation | The School Visitation Rights Act is amended to prevent employers from terminating employees for taking time off of work for attendance at a school conference, behavioral meeting, or academic meeting. | August 1, 2020 |
| Chicago Fair Workweek Ordinance (Chapter 1-25 of the Municipal Code) | Predictive Scheduling | The Fair Workweek Ordinance goes into effect on July 1, 2020. Employees are covered by the ordinance if they work in one of seven “covered” industries (Building Services, Healthcare, Hotels, Manufacturing, Restaurants, Retail, and Warehouse Services), they make less than $26/hour or $50,000/year, and the employer has at least 100 employees globally (250 employees and 30 locations for restaurants, or 250 employees for non-profits). Covered employees are given:
|
July 1, 2020; the provision allowing employees to initiate a private lawsuit against their employers is delayed until January 1, 2021. |
| Chicago Emergency Rules re: Fair Workweek Ordinance and COVID-19 Chapter 1-25 of the Municipal Code of Chicago | Predictive Scheduling; COVID-19 | Creates an exception to the obligation to pay predictability pay under the Fair Workweek Ordinance if the work schedule change is caused by certain circumstances, including a “pandemic.” The Chicago Department of Business Affairs and Consumer Protection (BACP)’s rule confirms that the ongoing COVID-19 emergency is a qualifying pandemic. However, the BACP explained that it would find a work schedule change to be “because” of COVID-19 “only when the pandemic causes the Employer to materially change its operating hours, operating plan, or the goods or services provided by the Employer, which results in the Work Schedule change.” Further, the exception will apply only to the work schedule change caused by the event (i.e., the employer’s material change because of the pandemic) and the “work schedule immediately following.” | July 1, 2020 |
| Chicago Substitute Ordinance 2020-2343 | Paid Sick Leave; COVID-19 Anti-retaliation | Protects employees from adverse employment action taken due to COVID-19. The ordinance also revises Chicago’s Paid Sick Leave Ordinance by reversing some amendments previously enacted in December 2019 that were set to take effect on July 1, 2020. The revisions essentially redefine employee coverage. | July 1, 2020 |
| Chicago Minimum Wage and Paid Sick Leave Rules Supporting Chapter 1-24 of the Municipal Code of Chicago | Paid Sick Leave; Minimum Wage; Recordkeeping Requirements | Revises paid sick leave rules. Creates new employer notice requirements, recordkeeping requirements for employers with tipped and non-tipped employees, and complaint-filing procedures. | July 1, 2020 |
Indiana
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Indiana Code Section 5-10-8-7.8 | Health Insurance: Coverage Requirements | Amends the law mandating coverage for colorectal cancer testing under accident and sickness insurance policies, health maintenance organization contracts, and state employee health plans to change the minimum age at which coverage must be provided from 50 years of age to 45 years of age. Includes exception for high deductible health plans. | July 1, 2020 |
| Indiana Code Section 22-5-8 | Employee Privacy; Microchip Implantation Restriction | Prohibits an employer from requiring a candidate for employment or an employee to have a device implanted or otherwise incorporated into the candidate’s or employee’s body as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional compensation or benefits. | July 1, 2020 |
| Indiana Code Section 22-3-2-13 | Workers’ Compensation | Provides that for worker’s compensation and occupational diseases compensation, not later than 14 days from the date that the first installment of compensation is due, an employer or the employer’s insurance carrier must file with the worker’s compensation board (board) a report of payment of compensation. Current law provides that not later than 15 days from the date that the first installment of compensation is due, an employer or the employer’s insurance carrier must file with the worker’s compensation board a compensation agreement. Provides that all records of insurance coverage related to worker’s occupational diseases compensation shall be maintained for 35 years. Current law provides the records be maintained for 45 years. Also makes certain changes to the way benefits are calculated for visual impairments. | July 1, 2020 |
Iowa
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Waterloo, IA Code of Ordinances § 5-3-15 | Ban the Box; Use of Criminal History in Hiring | The law is very broad, making it unlawful for any employer to include a criminal record inquiry on any application for employment. In addition, for employers other than private schools providing education for kindergarten through high school, to inquire into a criminal record during the application process; to make an adverse employment decision solely based on a criminal history that did not resulted in a conviction; or to make an adverse employment decision based on a lawfully expunged or erased criminal record. The law does not apply to government entities other than the city. | July 1, 2020 The city, however, has been sued to prevent the law from taking effect. |
Kentucky
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Kentucky Revised Statutes 222.215 | Drug Testing | The law orders the Cabinet for Health and Family Services, in conjunction with the Office of Drug Control Policy, to promulgate regulations for employer-facilitated substance use disorder treatment programs for employees who have failed an employment-related drug screen. Maintaining such a program is voluntary on the part of employers and participation would require consent from the employee. | July 15, 2020 |
Maryland
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Annotate Maryland Code Section 3–507.1 | Wage Enforcement | Increasing from $3,000 to $5,000 the maximum amount of wages included in a complaint for failure to pay wages for which the Commissioner of Labor and Industry is authorized to issue an order to pay wages. | July 1, 2020 |
| Annotated Code of Maryland Section 3-717 | Facial Recognition | An employer may not use facial recognition to create a facial template during an applicant’s interview for employment unless the applicant consents. | October 1, 2020 |
| Annotated Code of Maryland Section 20–101 | Hairstyle Discrimination | Defining “race” for the purposes of certain laws prohibiting discrimination, to include certain traits associated with race, including hair texture and certain hairstyles; and defining “protective hairstyle” as a hairstyle including braids, twists, and locks. | October 1, 2020 |
| Annotated Maryland Code Sections 3–101(a) and (b); 3–304.2; and 3–308 | Wage Transparency; Salary History | Requiring an employer, on request, to provide to an applicant for employment the wage range for the position for which the applicant applied; prohibiting an employer from taking negative actions against an applicant for employment because the applicant did not provide wage history or a wage range; prohibiting an employer from relying on wage history, except when voluntarily provided, for the purpose of determining fair wage, and from seeking an applicant’s wage history from former employers or their agents. | October 1, 2020 |
| Annotated Maryland Code Section 3–304.1(a) | Retaliation: Wage Inquiries | Prohibits an employer from taking any adverse employment action against an employee for inquiring about the employee’s wages. | October 1, 2020 |
| Annotated Maryland Code Section 3–1301(a) e | Paid Sick Leave | Altering the definition of “family member” for purposes of the Maryland Healthy Working Families Act to include a legal ward of an employee, a legal ward of an employee’s spouse, or a legal guardian of an employee’s spouse. /th> | October 1, 2020 |
| Amendments to Economic Stabilization Act (HB 1018 / SB 780) | WARN Act Obligations | Requires that an employer implementing a “reduction in operations” must provide 60 days’ advance notice to employees and others, and also provide continuation of health, pension, severance and/or other benefits to affected employees on terms yet to be developed by the state secretary of labor. These significant obligations are triggered by the closure of all or a portion of operations affecting as few as 15 employees, as well as by relocations of operations. | October 1, 2020 |
Nevada
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| An Act Relating to Cannabis (AB 533) | Decriminalization of Marijuana | Exempts a person who holds a valid registry identification card or letter of approval from state prosecution for possession, delivery and production of marijuana; and generally decriminalizes the purchase, possession and use of marijuana and marijuana paraphernalia for persons who are 21 years of age or older. Certain licensing requirements become effective July 1, 2020. | July 1, 2020 |
New Jersey
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| New Jersey WARN Act P.L.2019, c.423 | WARN; Layoffs | Increases pre-notification time and requires severance pay in certain plant closings, transfers, and mass layoffs. Adds requirement to pay employees four weeks of pay if notice requirement is not met.
* On April 14, 2020, Governor Murphy signed into law S-2353, which delayed the effective date of this law, which had been slated to take effect on July 19, 2020. The new effective date for these amendments is 90 days after the termination of Governor Murphy’s March 9, 2020 Executive Order declaring a state of emergency in relation to COVID-19 (Executive Order 103). Executive Order 103 was set to expire on June 4, 2020, but was renewed for another 30 days, thereby giving the January 2020 NJ WARN amendments a tentative effective date of Friday, October 2, 2020. This effective date will be further delayed if Governor Murphy further extends Executive Order 103. |
October 2, 2020* |
New Mexico
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Bernalillo County, NM Employee Wellness Act | Paid Time Off | Requires covered employers to provide paid time off (PTO) that employees can use for any reason. The ordinance applies to employers that must apply for a county business registration with at least two employees and a physical premise in the county’s unincorporated limits. | July 1, 2020 |
New York
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| New York Call Center Jobs Act (SB 1826) | Job Relocation | The bill amends the labor law by adding Article 21, which would allow for a list of call centers that relocate to another country or state, clawbacks on grants and incentives given to companies who move call center jobs out of state or out of the country prospectively, prevents future state incentives for any company that has moved a call center to another state or country, and the ability for the Commissioner of Labor to establish regulations. | June 30, 2020 |
| New York Civil Rights Law Section 79-o | Accommodation of Disabilities | Requires places of public accommodation, resort or amusement that operate televisions during regular hours of operation to provide closed captioning on certain televisions upon request. | July 1, 2020 |
| Section 196-b of NY Labor Law | Paid Sick Leave | Requires all New York employers to provide paid or unpaid sick leave to their employees. The amount of leave, and whether it is paid or unpaid, is determined by a private employer’s size and net income in a given calendar year. To determine an employer’s size under the law, a calendar year is defined as the 12-month period from January 1 to December 31. For the purpose of using and accruing paid or unpaid leave under the law, a calendar year means the 12-month period from January 1 through December 31, or a regular and consecutive 12-month period, as determined by an employer. | September 30, 2020, but employees may not begin using any accrued sick leave until January 1, 2021. |
| Amendments to Wage Theft Prevention Act (WTPA) | Recordkeeping Requirements | Requires all employers to maintain records of the amount of sick leave provided to each employee for at least a six-year period. | September 30, 2020 |
| Amendments to Wage Theft Prevention Act (WTPA) | New Hire Notices; Recordkeeping Requirements; Home Health Care | Requires home healthcare employers to specify on a home care worker’s new hire form the benefits the employee is receiving under New York’s Wage Parity Law, including each type of benefit provided. Requires home care employers to additionally maintain records of the benefit portion of the minimum rate of home care aide total compensation, as defined by the New York Wage Parity Law, for at least a six-year period. | October 1, 2020 |
| Suffolk County Code § 528-21 | Ban the Box; Use of Criminal History in Hiring | Restricts the use of pre-employment inquiries into an applicant’s criminal conviction history, adding to the existing statewide requirements of Article 23-A of the New York State Correction Law. In addition, restricts consideration of an applicant’s criminal history at the initial application phase. | August 25, 2020 |
Ohio
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Toledo Municipal Code Chapter 768 | Salary History; Pay Equity | This law prevents Toledo employers from inquiring as to salary history in screening applicants, making job offers, or making hiring decisions. Employers are allowed to present a pay scale for a position and to discuss with an applicant “their expectations with respect to salary, benefits, and other compensation.” | June 26, 2020 |
South Dakota
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| South Dakota Codified Laws § 32-26-47.1 | Distracted Driving | Makes using an electronic device while driving a class two misdemeanor with certain exceptions. | July 1, 2020 |
| South Dakota Codified Laws § 20-15 | Public Accommodation | Law requiring that, prior to filing a civil complaint for a violation of the laws providing for accessibility for people with disabilities, plaintiffs send the alleged violators a form notice. Failure to do so will prevent the plaintiff from recovering attorneys’ fees. | July 1, 2020 |
| South Dakota Codified Laws § 20-13-23.2 | Service Animals | Law authorizing service animals-in-training to enter certain establishments. | July 1, 2020 |
| South Dakota Codified Laws § 20-13-1 | Discrimination: Interns | Prevents discrimination against interns on the basis of race, color, creed, religion, sex, ancestry, disability, or national origin. | July 1, 2020 |
Vermont
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| 9 V.S.A. § 2430 | Data Privacy | Updates Vermont’s data privacy law to require, among other things, that data collectors, including employers, provide notice to those affected by data breaches as well as the state under certain circumstances. | July 1, 2020 |
Virginia
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Code of Virginia §40.1-29.1 | Wage Payment Investigations | Authorizes the Commissioner of Labor and Industry, if he acquires information during an investigation of a complaint of an employer’s failure or refusal to pay wages and that information creates a reasonable belief that other employees of the same employer may not have been paid wages, to investigate whether the employer has failed or refused to make a required payment of wages to other employees. The measure also provides that if the Commissioner finds in the course of such investigation that the employer has committed a violation, the Commissioner may institute proceedings on behalf of any employee against their employer. In such proceedings, the Commissioner is not required to have obtained a written complaint of the violation or the written and signed consent of any employee. | July 1, 2020 |
| Code of Virginia 15.2-965 | Discrimination: gender identity and sexual orientation | Allows localities to enact ordinances protecting people from discrimination on the basis of gender identity and sexual orientation. | July 1, 2020 |
| Code of Virginia 2.2-3901 | Hairstyle Discrimination | Adds “traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists” to the definition of “on the basis of race” and “because of race” under state discrimination law. | July 1, 2020 |
| Code of Virginia 40.1-121 | Discrimination: Apprenticeship Programs | Prohibits discrimination by apprenticeship programs on the basis of “basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age if the age of the individual is 40 years of age or older, genetic information, or disability.” | July 1, 2020 |
| Various, including §§ 15.2-1627, 16.1-228, 16.1-260, 16.1-273, 18.2-247, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-251.02, 18.2-252, 18.2-254, 19.2-392.2, 54.1-3401 of the Code of Virginia | Marijuana Decriminalization | Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The law provides that any violation of simple possession of marijuana shall be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The law also provides that a person’s criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. | July 1, 2020 |
| Various, including §§ 60.2-212, 60.2-229, 60.2-508, 60.2-512, 60.2-513, and 60.2-627 of the Code of Virginia | Unemployment; Independent Contractor | Amends various provisions regarding unemployment compensation and the Virginia Employment Commission. The law provides, among other things: the Commission shall base its determination on whether an individual is an employee on the standard used by the Internal Revenue Service for such determinations; any employing unit is required to establish an account with the Commission by the end of the calendar quarter in which it becomes subject to the requirements for unemployment compensation; an employer that has become subject to liability under the unemployment compensation provisions must submit the required reports by the due date of the calendar quarter in which the employer has initially become subject to such liability; and all employers must file their quarterly payroll and tax reports on an electronic medium using a format prescribed by the Commission. | July 1, 2020 |
| Code of Virginia 40.1-28.7:7 | Retaliation: Wage Transparency | Prohibits an employer from discharging or taking other retaliatory action against an employee because the employee inquired about or discussed with, or disclosed to, another employee any information about either the employee’s own wages or other compensation or about any other employee’s wages or other compensation. Violations are subject to a civil penalty of $100. | July 1, 2020 |
| Code of Virginia 2.2-3901 and 2.2-3903 | Pregnancy and Child Birth Accommodation | Requires employers, defined in the bill, to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, if such accommodation is necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. | July 1, 2020 |
| Code of Virginia 38.2-3438, 38.2-3442, and 38.2-3451 | Health Insurance | Requires a health carrier offering or providing a health benefit plan, including (i) catastrophic health insurance policies and policies that pay on a cost-incurred basis; (ii) association health plans; and (iii) plans provided by a multiple-employer welfare arrangement, to provide, as an essential health benefit, coverage that includes preventive care. | July 1, 2020 |
| Amendments to Virginia Human Rights Act | Discrimination: Sexual Orientation and Gender Identity | Prohibits discrimination in employment, public accommodation, public contracting, apprenticeship programs, housing, banking, and insurance on the basis of sexual orientation or gender identity. The bill also adds discrimination based on sexual orientation or gender identity to the list of unlawful discriminatory housing practices. | July 1, 2020 |
| Code of Virginia 40.1-27.3 | Whistleblower Retaliation | Prohibits an employer from discharging, disciplining, threatening, discriminating against, penalizing, or taking other retaliatory action against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee (i) reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; (ii) is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; (iii) refuses to engage in a criminal act that would subject the employee to criminal liability; (iv) refuses an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or (v) provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. | July 1, 2020 |
| Code of Virginia 40.1-29 | Wage and Hour: Private Right of Action | Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, or on behalf of similarly situated employees as a collective action, under the federal Fair Labor Standards Act against an employer that fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. Adds a $1,000 civil penalty for “knowing” violations. | July 1, 2020 |
| Code of Virginia 65.2-601.2 | Unemployment | Requires employers to advise an employee filing for unemployment, within 30 days following the date of an order from the Commission, whether the employer (i) intends to accept the claim, (ii) intends to deny the claim, or (iii) is unable to determine whether it intends to accept or deny the claim because the employer lacks sufficient information from the employee or a third party to make such determination. | July 1, 2020 |
| Various, including §§ 38.2-326, 38.2-3455, 38.2-3456, 38.2-3457, 38.2-3459, 38.2-3460, 38.2-4214, 38.2-4319, 38.2-4509, 58.1-3, and 58.1-341.1 of the Code of Virginia | Health Insurance | Creates the Virginia Health Benefit Exchange, which will be established and operated by a new division within the State Corporation Commission (SCC). The Exchange shall facilitate the purchase and sale of qualified health plans and qualified dental plans to qualified individuals and qualified employers. | July 1, 2020 |
| Code of Virginia 40.1-28.7:7 | Non-Compete Agreements | Prohibits an employer from entering into, enforcing, or threatening to enforce a covenant not to compete between the employer and a low-wage employee. The employer is subject to a civil penalty of $10,000 per violation. “Low-wage employee” means an employee whose average weekly earnings, calculated by dividing the employee’s earnings during the period of 52 weeks immediately preceding the date of termination of employment by 52, or if an employee worked fewer than 52 weeks, by the number of weeks that the employee was actually paid during the 52-week period, are less than the average weekly wage of the Commonwealth. | The provisions of the bill are applicable to covenants not to compete entered into on or after July 1, 2020 |
| Code of Virginia 40.1-33.1 | Retaliation: Wage Claims | Prohibits an employer from discharging or otherwise discriminating against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding related to the failure to pay wages, or has testified or is about to testify in any such proceeding. | July 1, 2020 |
| Code of Virginia 24.2-119.1 | Retaliation: Service as Electoral Board Members and Assistant General Registrars | Prohibits discrimination in employment against electoral board members and assistant general registrars on the basis of service on Election Day or at a meeting of the electoral board following the election to ascertain the results of the election. Current law prohibits such employment discrimination only on the basis of Election Day service and only against officers of election. A violation of the bill’s provisions is a Class 3 misdemeanor. | July 1, 2020 |
| Various, including §§16.1-278.16, 20-79.1, 20-79.2, 20-79.3, 63.2-1900, 63.2-1903, 63.2-1929, 63.2-1944, and 63.2-1946 of the Code of Virginia | Withholdings; Independent Contractors | Clarifies that income earned by an independent contractor may be withheld by court order for payment of child support obligations. | July 1, 2020 |
| Code of Virginia 2.2-3300 | Holidays | Designates Election Day, the Tuesday after the first Monday in November, as a state holiday and removes Lee-Jackson Day as a state holiday. | July 1, 2020 |
| Code of Virginia 40.1-28.7:7 | Independent Contractor Misclassification; Private Right of Action | Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against their employer for failing to properly classify the employee if the employer had knowledge of the individual’s misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. | July 1, 2020 |
| Code of Virginia 40.1-33.1 | Retaliation: Independent Contractor Misclassification | Prohibits an employer from discharging, disciplining, threatening, discriminating against, or penalizing an employee or independent contractor because the employee or independent contractor reported or plans to report that an employer or any officer or agent has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions. | July 1, 2020 |
| Repeals the fourth enactment of Chapter 442 of the 2014 Acts of Assembly | Unemployment; Military Spouse | Repeals the sunset provision on the current statutory provision that provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee’s spouse, who is on active duty in the military or naval services of the United States, to a new military-related assignment established pursuant to a permanent change of duty order from which the employee’s place of employment is not reasonably accessible. | July 1, 2020 |
Washington
| Law | Main Topic | Summary | Effective Date |
|---|---|---|---|
| Washington Final Rue re: Minimum Wage Exemptions
Washington Admin. Code Ch. 296-128 |
Exemption: Computer Professional | On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations. The hourly paid computer professional exemption will change on July 1, 2020. The minimum pay rate will jump from $27.63/hour to $37.13/hour for employers with more than 50 employees in Washington. This will rise to $47.25/hour, plus CPI adjustments, for all employers by 2022, after which annual CPI adjustments will be applied. | Computer Professional Exemption minimum pay increases effective July 1, 2020 |
| Various, including Revised Code of Washington 3 51.48.010, 51.48.017, 51.48.030, 51.48.040, 51.48.060, and 51.48.080 | Workers’ Compensation | Increases penalties for late workers compensation payments. | September 1, 2020 |
If you have questions on this or any other HR related issue, please don’t hesitate to contact HR Services for assistance. Call or email us at (800) 358-2163 and HRServices@501c.com.
