State Updates

Written by Anonymous | Jun 23, 2020 7:27:41 PM

 

California

Oakland Hotel Worker Safety Protections

In November 2018, Oakland voters approved Ballot Measure Z, which establishes workplace safety protections for hotel employees working at a hotel with 50 or more guest rooms.

By July 1, 2020 hotel employers must provide their employees with the following protections:

  • Employer-provided emergency contact devices (panic buttons);
  • Rights to report violent/threatening behavior; and
  • Restrictions on the maximum space to be cleaned

Click here for FAQs on requirements for employers.

Illinois

Chicago Fair Workweek Ordinance

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, they make less than $26 an hour or $50,000 per year, and the employer has at least 100 employees globally (250 employees and 30 locations for a restaurant). Covered employees are given:

  • Advance notice of work schedule (10 days beginning July 1, 2020)
  • Right to decline previous unscheduled hours
  • One hour of predictability pay for any shift change within 10 days
  • Right to rest by declining work less than 10 hours after the end of the previous days’ shift

For further information and FAQS as well as required notices, click here.

Hotel and Casino Employee Safety Act

Beginning July 1, 2020, the Hotel and Casino Employee Safety Act (the HCESA) requires hotel employers and casino employers to:

  • Provide employees who work in isolated spaces with a safety or notification device (or panic button) to use if the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee's presence;
  • Develop and follow a written anti-sexual harassment policy to protect employees against sexual harassment and sexual assault by guests; and
  • Refrain from retaliating against an employee for disclosing, reporting or testifying about sexual harassment and sexual assault.

Amendments to the Illinois Human Rights Act

Effective July 1, 2020, amendments to the Illinois Human Rights Act include:
  • Expanding the definition of employer to include all employers with one or more employees within the state during 20 or more calendar weeks within the calendar year of, or preceding, the alleged violation; and
  • Changing the definition of employer to exempt any place of worship employing individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities.

Indiana

Microchip as a Condition of Employment

Starting in July, Indiana prohibits an employer from requiring a current or prospective employee to take any of the following actions as a condition of employment or receiving additional compensation or benefits:

  • Implantation, or undergoing a procedure to implant, a device in the candidate's or employee's body;
  • Injecting, or receiving an injection of, a device into the candidate’s or employee’s body; or
  • Ingesting, inhaling, or otherwise incorporating a device into the candidate’s or employee’s body

An employer also may not discriminate against an employee with respect to compensation, benefits, terms, and conditions of employment based on the employee’s refusal to receive a device. A device is defined as any acoustic, optical, mechanical, electronic, medical, or molecular devices. An employer may require a current or prospective employee to comply with a court order directing them to receive a device.

Iowa

Waterloo Ban the Box Ordinance

Effective July 1, 2020, Waterloo's ban-the-box ordinance (Unfair Use of Criminal Record in Hiring Decisions) restricts when private employers can ask job applicants about their criminal history. This ordinance makes it an unlawful discriminatory practice for any employer - excluding schools and certain public employers - from including a criminal record inquiry on a job application.

In addition, employers with 15 or more employees may not ask job applicants about their criminal backgrounds before extending a conditional employment offer. However, if an applicant voluntarily discloses any information regarding his or her criminal record during a job interview, the employer may discuss the record that the applicant has disclosed. The ordinance also clarifies that employers must still comply with any obligations arising under federal or Iowa law relating to the following factors:

  • Obtaining authorization for background checks;
  • Notifying applicants about adverse hiring decisions based on the applicant's criminal record; and
  • Any other matters involving the use of criminal record information.

New Mexico

Bernalillo County Paid Time Off

Bernalillo County's Employee Wellness Act (EWA) requires covered employers to provide eligible employees with earned paid time off (PTO) to be used for any reason. Beginning July 1, 2020, employees may accrue and use up to 28 hours in a year.

The EWA applies to employers with a physical premise and two or more employees within the unincorporated limits of Bernalillo County. Employees who work at least 56 hours in a year for pay within the unincorporated limits of Bernalillo County for a covered employer, are eligible for leave under the EWA.

Employees accrue one hour of earned PTO for every 32 hours worked, beginning on the date of employment or when the law takes effect, whichever is later. Employees may not use their accrued earned PTO until the employee has worked 56 hours in a year. Accrued earned PTO may be used beginning on the 90th calendar day following the employee's date of employment, or when the law takes effect, whichever is later.

New York

Call Center Jobs Act

Effective June 30, 2020, the New York Call Center Jobs Act requires covered call center employers to comply with advance-notice requirements to the Labor Commissioner in the event of a:

  • Relocation out of New York State; or
  • Significant reduction of call volume with the intent to relocate out of state

The law requires the Labor Commissioner to keep a list of call center employers that have relocated out of state. These relocations affect the call center employers’ access to state grants, tax benefits, and procurement contracts.

Tip Credit for Miscellaneous Industries

New York is eliminating the tip credit for workers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations, including car wash attendants, nail salon workers, tow-truck drivers, dog groomers, and more.

Effective June 30, 2020, the maximum tip credit is reduced by 50%, and effective December 31, 2020, the tip credit is completely eliminated.

The minimum wage tip credit for the hospitality industry (restaurants and hotels) remains unchanged.

Oregon

Predictive Scheduling Law

Oregon law establishes several employee scheduling requirements for retail, hospitality, and food service establishments with 500 or more employees worldwide. As of July 1, 2020, covered employers need to post the written work schedule at least 14 (increased from seven) calendar days before the first day of the work schedule. Read more about Predictive Scheduling here.

Texas

Austin Paid Sick Leave Law

The Texas Supreme Court has let stand an appellate court ruling that blocked Austin’s mandatory paid sick leave ordinance from taking effect. Austin was one of the first cities to pass such a measure in early 2018, but it faced immediate opposition and has been the subject of court challenges ever since.

Vermont

Expanded Data Breach Notification Law

Amendments to the Vermont Security Breach Notice Act expand the definitions of security breach and personally identifiable information, and modify notification requirements starting in July.

The definition of security breach is expanded to also mean the unauthorized acquisition of login credentials. The definition of personally identifiable information is expanded to include unique biometric data and genetic information.

The amendments also modify the requirements for substitute notice and breaches involving login credentials.

Vermont Security Breach Notice Act

Virginia

Election Officer Leave

Effective July 1, 2020, Virginia’s election officer leave law is expanded to protect local electoral board members and assistant general registrars. The law currently only protects election officers.

In addition, the amendment prohibits an employer from requiring an employee to use sick leave or vacation time for absence from work to attend service at a polling place on Election Day or a meeting to determine election results.

Criminal Inquiries Regarding Marijuana Possession

Effective July 1, 2020, records relating to the arrest, criminal charge, or conviction of an individual for violating the state’s marijuana possession law may not be open for public inspection or disclosed. An employer is prohibited from inquiring about an applicant’s criminal record relating to marijuana possession, and an applicant does not have to answer any questions or provide such information.

Washington

Seattle Hotel Employee Protection Ordinances

Seattle’s four ordinances (collectively known as the Hotel Employee Protections Ordinances) adopted in 2019 impose various requirements upon hotel employers and provide certain protections for employees. The ordinances go into effect on July 1, 2020, for most covered businesses. The four ordinances are:

  • The Hotel Employees Safety Protections Ordinance – requires hotel employers to take certain steps to protect employees from violent or harassing conduct by guests;
  • The Protecting Hotel Employees from Injury Ordinance – imposes certain restrictions upon employers to reduce the frequency and occurrence of employee injuries associated with room cleaning;
  • The Improving Access to Medical Care for Hotel Employees Ordinance – requires employers to provide increased access to medical care; and
  • The Hotel Employees Job Retention Ordinance – requires certain actions to reduce job insecurity.

To learn more, click here.

No Certification Required for Lactation Accommodation

A Washington employer with 15 or more employees must provide reasonable accommodations for pregnancy and related conditions, including lactation. The law allows employers to require certification to support the need for accommodation, with exceptions. A certification for lactation is now an exception – an employer may no longer require certification for a lactation accommodation (e.g., reasonable break time to express milk).

Washington D.C.

Paid Family Leave

On July 1, 2019, the district began the collection of taxes from employers, and on July 1, 2020, the district will begin administering paid leave benefits. All employers covered by the Paid Family Leave (PFL) law must post the employee notice in their worksites. The notice must also be provided in electronic or physical form to:

  • Individual employees when the employer receives direct notice of the employee’s need for leave that could qualify for PFL benefits
  • All new employees within 30 days of hire
  • All employees annually

For an employer toolkit, click here.