HR, Benefits, and Payroll Compliance Monthly Roundup
Federal
EEO-1 Reporting Portal is Open
The portal for employers to submit 2021 EEO-1 workforce data is now open and employers have until May 17, 2022, to file. See our e-Alert for further detail.
Form I-9 List B COVID-19 Temporary Policy End Announced
Beginning May 1, 2022, employers will no longer be able to accept expired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, you are required to update their I-9 by July 31, 2022. See our e-Alert for further detail.
USCIS Provides New Documentation Guidance for Nonimmigrant Spouses
USCIS has amended Class of Admissions (COA) codes to include specific codes for children and spouses of nonimmigrants. Individuals who possess an unexpired Form I-94 that was issued before January 30, 2022, and are at least 21 years of age will be receiving a notice from USCIS. The notice when paired the Form I-94 will be included as an acceptable List C document when verifying Section 2 of a Form I-9.
Bill Signed into Law Preventing Employers from Requiring Arbitration of Sexual Harassment Claims
Employers should review any existing arbitration agreements to ensure consistency with the new amendments. The law allows someone to elect to invalidate a pre-dispute arbitration agreement as it relates to sexual harassment or assault claims.
DOL Proposes Updates to Davis-Bacon Regulation
The DOL has proposed revisions to the Davis-Bacon Act that would change the methodology used to calculate prevailing wages in a way that will increase labor costs. Employers with certain federal government contracts should keep an eye on this ruling.
California
California Privacy Rights Act “Notice of Collection”
The California Privacy Rights Act (CPRA) will go into effect on January 1, 2023, which significantly expands current privacy laws under the California Consumer Privacy Act (CCPA). The “Notice at Collection” will be the heaviest lift as employers will be required to develop a compliance model to address the new privacy rights and distribute a notice to their workforce. We will be sending an e-Alert will further details about this new requirement.
California Labor Commissioner Issues 2022 COVID-19 Supplemental Paid Sick Leave Posters and FAQs
In February, California reenacted the COVID-19 Supplemental Paid Sick Leave and in recent developments, the state’s commissioner published the poster notice and the FAQ that provides additional insights to many unanswered questions. Employers must distribute the poster notice to all employees.
San Francisco amends Family Friendly Workplace Ordinance
The amended ordinance sets an operative date of July 12, 2022. Under the amendments, a covered employee will be allowed flexible or predictable work arrangements to care for any family member aged 65 or older, rather than specifically a parent.
Washington, D.C.
D.C. Non-Competes Ban Delayed Until October 2022
The District’s ban on most non-compete agreements effective date was pushed out to October 1, 2022. Employers should continue to prepare for the implementation while further clarification is released.
Indiana
Indiana Amends Law Data Security Breach Notifications
Beginning July 1, 2022, employers must provide affected individuals with notification of a data security breach involving personal information without unreasonable delay (no more than 45 days after discovery).
Massachusetts
Massachusetts SJC Rules that Employers are Liable for Treble Damages
Following a recent case, Reuter v. City of Methuen, the state’s SJC issued a significant decision holding that employers are liable for treble (up to three times) damages for any late wage payment. This means that employers cannot avoid these damages by paying unpaid wages in full, plus interest before the complaint is filed.
Employers must be prepared to pay employees their full wages, including any accrued and unused vacation time, and earned commission on the day on which their employment involuntarily terminates. Or in the case of resignation, during the next regular payroll.
Nebraska
Nebraska Passes Law on COVID-19 Vaccination Policy Exemptions
Employers with at least one employee that have COVID-19 vaccination mandates must allow employees to apply for religious and/or medical exemptions. Employees seeking exemption must complete a COVID-19 Vaccine Exemption Form accompanied by any necessary supporting documentation.
New York
New York City Publishes Fact Sheet on Salary Transparency in Job Advertisements
The New York City Commission on Human Rights (NYCCHR) has published a helpful fact sheet providing guidance and answers to many FAQs regarding this bill. On May 15, 2022, New York City employers with four or more employees (including independent contractors) will have to include the minimum and maximum salary in each job posting or advertisement. We will be sending an e-Alert with further details on this new requirement.
New York HERO Act Ends COVID-19 as Infectious Disease
On March 17, 2022, the New York State Department of Health, announced that COVID-19 is no longer considered to be an airborne infectious disease that causes a serious risk of harm to the public health under the NY HERO Act. All private employers are no longer required to implement their workforce safety plans. However, employers should be mindful of any future airborne infectious disease, as the prevention plans must go into effect.
New York New Notice of Electronic Monitoring
Amendments to the state’s workplace monitoring laws take effect May 7, 2022. All employers with a place of business in New York must provide notice to employees upon hire about monitoring employee phones, emails, and internet use (employee-owned devices and employees who use their own devices for work purposes). The law is unclear about whether this applies to remote employees who do not live in New York. Employers must post a notice and provide new employees moving forward.
Oregon
Oregon Expands Reasons for Taking Paid Leave
Beginning April 1, 2022, employees can use paid sick and safe leave during a public health emergency. This was a permanent reason added to the state’s existing paid leave law.
Oregon Temporarily Amends Equal Pay
Until September 28, 2022, Oregon’s Equal Pay Act excludes hiring and retention bonuses for the purposes of pay equity requirements and is not included in the statutory definition of “compensation.”
Pennsylvania
Philadelphia’s COVID Paid Leave in Effect Through 2023
Philadelphia’s COVID paid sick leave applies to employers with 25 or more employees and is extended through December 31, 2023. Slight amendments have been made, including how much leave time must be provided. Up to 40 hours of additional paid sick leave must be provided for certain COVID reasons to eligible employees.
Utah
Utah Amends Law on Cell Phone Use While Driving
Beginning May 4, 2022, drivers are prohibited from using wireless communication devices while driving. Amends expand the definition of what is considered a device to include not just those that are handheld.
Virginia
Virginia Rescinds COVID Standard
Despite withdrawing the COVID workplace safety and health standard, employers should continue to remain vigilant in protecting employees.
Washington
Washington Requires Employers to Disclose Salary Range and Wage Scale in Job Postings in 2023
Beginning January 1, 2023, employers that conduct business in Washington and have 15 or more employees will be required to ensure that each job posting includes the wage scale or salary range for the position, as well as a general description of all benefits and other compensation to be offered.
Washington Enacts New Law on EAPs
Beginning June 9, 2022, employers may not obtain individually identifiable information on an employee’s participation in an employee assistance program (EAP). There are certain exceptions with regards to authorized disclosures.
Wisconsin
Wisconsin Eases Burden for Employers Defending Arrest and Conviction Record Discrimination Claims
Based on a recent court case, Cree, Inc. v. Palmer employers have greater discretion as it relates to hiring a convicted candidate. Employers may choose to decline a candidate the opportunity for a position if the candidate has had a criminal charge that can be directly related to the responsibilities of the role, keep in mind that employers should still consider an individualized assessment.
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