A Labor Compliance Roundup
Here is a brief look at updated Labor Compliance laws as of June 2022. We cover everything from COVID-19 compliance to state and local initiatives. While our “Roundup” does not provide legal advice, it does seek to alert our customers to the myriad of issues and challenges that arise in our industry.
COVID-19 Updates
California SB114 COVID-19 Supplemental Paid Sick Leave, Effective February 2022
On February 19, 2022, California Governor Gavin Newsom signed into law Senate Bill (SB) 114, requiring employers with 26 or more employees to provide those unable to work due to Covid-19-related reasons with up to 80 hours of additional supplemental paid sick leave. SB 114 went into effect on February 19, 2022, but its requirements apply retroactively to January 1, 2022. It is currently set to expire on September 30, 2022. Additional information is available here.
Philadelphia Covid-19 Paid Sick Leave, Effective March 2022
The Philadelphia City Council passed a Covid-19 paid leave mandate starting March 9, 2022, lasting through December 31, 2023. This paid leave has similarities to previous public health emergency leave mandates that expired last year. However, the 40-hour cap was increased to 80 hours for full-time employees, and the mandate is now applicable to employers with 25 or more employees. Additional information is available here.
Washington, D.C. Covid Vaccination Leave, Effective February 2022
This Emergency Act amends the current law to require all D.C. employers to provide eligible employees with up to two hours of paid leave for receiving an injection of the Covid-19 vaccine (including boosters) and up to eight hours of paid leave during the 24-hour period following such an injection. In addition, eligible employees are permitted to take vaccination leave or vaccination recovery leave to care for their child who has received the Covid-19 vaccine (including boosters) for a total of 48 hours of leave in a year. The temporary legislation will expire after 225 days, in which time permanent legislation may be enacted. Additional information is available here.
Expanded Reasons to Take Emergency Paid Leave in Oregon, Effective April 2022
As of April 1, 2022, the reasons for which employees can use leave time under Oregon’s paid sick and safe leave law during a public emergency have been expanded. Eligible employees may take protected sick leave for emergency evacuation orders tied to air quality or heat index issues. Employers in Oregon should review the changes to the state’s expanded reasons. Additional information is available here.
Federal Laws
U.S. Department of State’s June 2022 Visa Bulletin
Foreign national employees who have reached the H-1B maximum period of stay in the U.S. may have an I-140 approval notice, but the employee may no longer be subject to a visa backlog process. As a result, the employee may be unable to secure further extensions, or may only be able to secure a one-year extension rather than the three-year extension. Employers should review the new bulletin to minimize the risk of its impact on new hires and existing foreign national employees. Additional information is available here.
State and Local Laws
California Privacy Rights Act (CPRA), Effective January 2023
This new California state privacy law amends and expands on the existing California Consumer Privacy Act (CCPA). The CPRA clarifies existing provisions of the CCPA, creates new consumer rights, imposes additional obligations on businesses that collect personal information from California consumers, and creates a new enforcement agency. Ongoing rulemaking activity requires businesses to remain flexible and continue monitoring the rulemaking process for the final CPRA regulations to be established by the California Privacy Protection Agency in July 2022. Additional information is available here.
Connecticut Paid Family Leave Act, Effective July 2022
The notice requirement for Connecticut’s Family and Medical Leave Act, which began back in January, goes into effect on July 1, 2022. The Connecticut Department of Labor and the Connecticut Paid Leave Authority have issued a template-written notice that employers can use to provide notice to employees. The template and additional information are available here.
Maryland Paid Family Leave, Effective 2023
Maryland lawmakers voted to create a paid family and medical leave program for workers in Maryland. The Maryland Secretary of Labor is to adopt regulations no later than June 1, 2023, and contributions to the Family and Medical Leave Insurance Fund will begin on October 1, 2023. Paid leave will be available to eligible employees for family leave, medical leave, and family military leave reasons beginning on January 1, 2025. Additional information will be available here.
NYC Employers Required to Disclose Salary Ranges, Effective November 2022
New York City has enacted a pay transparency law which requires employers with four or more employees to disclose salary ranges in job postings. All advertisements for jobs, promotions, or transfer opportunities for any position located within New York City must include the minimum and maximum salary for the position. The effective date for the law has been postponed to November 1, 2022 (it was originally set to be effective on May 15, 2022). Additional information is available here.
Tennessee E-Verify Law Amended, Effective January 2023
Tennessee voted to amend SB1780 to expand the mandatory E-Verify participation to businesses with 35 or more employees anywhere in the world that operate in Tennessee. The law currently requires businesses with 50 or more employees to use E-Verify. It is important to note that the Tennessee definition of “employee” includes any employee under the same FEIN, whether they are physically located in Tennessee or not. Additional information is available here.
Utah Changes Withholding Obligations for Nonresident Employees, Effective January 2023
For tax years beginning on or after January 1, 2023, employers will not be required to withhold Utah income tax from nonresident employee wages for services performed in the state unless the nonresident employee spends more than 20 days performing employment duties in Utah. Additional information is available here.
Washington Employers Required to Disclose Salary Range and Wage Scale, Effective 2023
Beginning on January 1, 2023, employers that conduct business in Washington and have 15 or more employees are required to include the wage scale or salary range for each job posting, as well as a general description of all benefits and other compensation to be offered. Additional information will be available here.
International Laws
British Columbia Illness or Injury Leave, Effective January 2022
Effective January 1, 2022, employees who have been employed for at least 90 consecutive days in British Columbia are entitled to five days of paid sick leave in addition to the three days of unpaid job-protected leave to care for their own illness or injury that they already receive under the Employment Standards Act (ESA) for each calendar year. The paid sick leave entitlement applies to all employees covered by the ESA, including part-time, temporary, or casual employees. Additional information is available here.
UK GDPR and New SCC, Effective March 2022
The international data transfer agreement (IDTA), the international data transfer addendum to the European Commission’s standard contractual clauses for international data transfers (Addendum), and a document setting out transitional provisions, were approved by Parliament. This final step followed a consultation the Information Commissioner’s Office ran in 2021 and came into force on March 21, 2022. The IDTA and Addendum replaced the standard contractual clauses for international transfers. Additional information is available here.
