e-Alert – HRK Monthly Roundup – January 2020

Colorado

• Effective December 15, 2019, Colorado passed the final rules amending the Wage Protection Act, which was set to expire on January 1, 2020. The new amendment requires employers who provide vacation pay to pay an employee all earned vacation time upon separation of employment. For more, please review the following information here.
• The Colorado Department of Labor and Employment (CDLE)announced the adoption of the new Colorado Overtime and Minimum Pay Standards (COMPS) on January 22, 2020. This new standard takes effect on March 16, 2020 and replaces the Colorado Minimum Wage Order (CMWO). For more, please review the following information here.

Illinois

• On January 1, 2020, Illinois amended its law forbidding the use of cell phones while driving. This amendment clarifies the prohibition to specify that drivers may not use a wireless communication device to watch or stream videos. Read more here.
• Beginning January 1, 2020, Illinois amended the wage payment law to clarify that gratuities may not be retained by an employer. More specifically, the law states that gratuities to employees are the property of the employees. The amended law is codified at title 820, section 115/4.1 of the Illinois Compiled Statues, which can be found here.
• Illinois enacted a law, effective January 1, 2020, requiring every single-occupancy restroom in a place of public accommodation or public building to be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. The new law is codified at chapter 410 section 35/25 of the Illinois Compiled Statutes, which can be found here.
• The city of Chicago has amended its Minimum Wage Ordinance to increase the minimum wage to $14.00 per hour for an employer with 21 or more employees, effective July 1, 2020. For more, please review the following information here.
• The Chicago Fair Workweek Ordinance was approved by the Chicago City Council to take effect on July 1, 2020. The new law requires that employers: (1) provide advance notice of work schedules to their covered employees, (2) pay additional wages if posted schedules are changed within a certain time period, and (3) offer additional hours to existing employees before hiring new employees. For more, please review the following information here.

Kansas

• The city of Olathe, Kansas has passed an ordinance prohibiting employment discrimination on the basis of sexual orientation or gender identity, effective December 3, 2019. The ordinance was passed to promote diversity and equality within the city. For more, please review the following here.

Maryland

• Effective February 29, 2020, Maryland has enacted a “Ban the Box” law. Under the new law, before conducting an in-person interview with an applicant, a covered employer may not require the applicant to disclose whether he or she has a criminal record or has had criminal accusations brought against him or her. For more, please review the following here.

New Jersey

• On Jan. 21, 2020, New Jersey adopted amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARNAct). The New Jersey WARN Act requires employers to notify employees of upcoming plant closings and other events that will lead to mass layoffs. For more, please review the following codes here.
• Currently, New Jersey State law requires employers to notify their employees of their payroll deductions for each period when a deduction is made. However, effective May 20, 2020, New Jersey has amended its law requiring employers to include in the employee’s wage statement the employee’s gross wages, rate of pay, and number of hours worked. For more, please review the following information here.

Oregon

• On January 1, 2020, Oregon amended its insurance laws to provide that an individual cannot be excluded from participation in or denied health benefits on the basis of race, color, national origin,sex, sexual orientation, gender identity, age, disability, or preexisting conditions. The amended law has been codified at 731.146, 731.804, 743A.168, 743B.011, 743B.125, 743B.126, 743B.130,743B.800 of the Oregon Revised Statutes, which can be found here.
• On and after January 1, 2020, in the state of Oregon, employers must provide a terminated employee, within 30 days of their termination date, a signed, written copy of the noncompete agreement. The amendment is codified at section 653.295 of the Oregon Revised Statutes, which can be found here.
• On January 1, 2020, the state of Oregon amended its law requiring notifications following a breach of data security. This amendment changes the requirements of a “covered entity” and the definition of who is considered a “vendor.” The amendment is codified at section 646A.600 et seq. of the Oregon Revised Statutes, which can be found here.
• The Oregon Family Leave Act provides up to 12 weeks of unpaid family and medical leave per year. Effective January 1, 2020, the law has been amended to expand this leave to include organ,body part, or tissue donation as well as any diagnostic services,surgery, postoperative treatment, or recovery related to these medical procedures. The amendment is codified at section 659A.150 of the Oregon Revised Statutes, which can be found here.
• As of January 1, 2020, Oregon employers with six or more employees are required to provide employment accommodations, such as location, for pregnancy, childbirth, and related conditions. The new law states the specifics of a reasonable accommodation and undue hardship. Read more here.
• Oregon has amended the state’s equal pay law effective January 1, 2020. Existing law provided that pay differentials can be justified based on a seniority system, merit system, or system that measures earnings by quantity or quality of production. The amendment adds a statutory definition of “system”: “a consistent and verifiable method in use at the time that a violation is alleged.” This and other amendments can be found here.

Washington

• Effective, January 1, 2020, the state of Washington’s law requires sexual harassment prevention measures for isolated worker, including hospitality, retail, security, and contracted property services workers to be provided panic buttons. The new law will be codified in chapter 49.60 of the Revised Code of Washington, which can be found here.
• Effective January 1, 2020, employees can start using leave benefits under the Washington Paid Family and Medical Leave Act (WA PFMLA). The WA PFMLA is a combination of both insurance benefits and leave rights that replaces an unpaid family and medical leave law. For more, please review the following information here.
• Effective January 1, 2020, Washington ratified a new law regarding noncompete agreements. The new law applies to noncompetition covenants, which are defined as every written or oral agreement restraining an employee or independent contractor from engaging in a lawful profession, trade, or business of any kind. For more, please review the following here.

Employer Next Steps

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