Employment Legislation Outlook – February 2022

With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution.

This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

Here’s what’s on the horizon:

July 2022

• New Mexico paid sick leave effective July 1.

2023

• Colorado paid family leave deductions begin January 1.
• Illinois employers must begin filing annual reports similar to EEO-1 with the Illinois Secretary of State effective January 1.
• New Hampshire voluntary paid family leave effective January 1.
• New York expands Paid Family Leave Act effective January 1.
• Oregon requires paid family leave contributions January 1. Oregon paid family leave benefits begin September 3.

2024

• Colorado paid family leave benefits begin January 1.
• Illinois employers with more than 100 employees must file equal pay registration certificate effective March 23.

In case you missed it:

January 2022

• California expands limitations on non-disclosure provisions in agreements resolving harassment and discrimination claims effective January 1. California also expands CFRA effective January 1.
• Colorado vacation and overtime changes effective January 1.
• Connecticut paid family leave benefits and expansion of FMLA begin January 1.
• Illinois expands disability discrimination protections effective January 1. Amendments to the Illinois Freedom to Work Act also effective January 1.
• Massachusetts Paid Family and Medical Leave benefits increase January 1.
• Amendments to Minnesota's pregnancy accommodation laws effective January 1.
• Montana prohibits discriminating against off-duty marijuana use effective January 1.
• Oregon non-compete law effective January 1. Oregon hairstyle and texture anti-discrimination protections also effective January 1.
• Philadelphia prohibits pre-employment marijuana testing effective January 1.
• New York expands whistleblower protections effective January 26.

COVID-19-Related Leave Law and Other Changes:

• New York vaccine paid leave effective March 12, 2021.
• Massachusetts COVID-19 emergency paid sick leave effective May 29, 2021 through April 1, 2022.
• Nevada COVID-19 vaccine leave effective June 9, 2021.
• Cook County, Illinois COVID-19 vaccine leave effective July 1, 2021.
• New York City paid sick leave for children's vaccinations effective November 2, 2021.
• Washington, D.C. paid vaccination leave effective November 18, 2021.
• New York City vaccine mandate effective December 27, 2021.
• New York quarantine leave law extended into 2022.
• California supplemental paid sick leave available January 1, 2022 through September 30, 2022.
• Cal/OSHA readopted its COVID-19 prevention ETS effective January 14, 2022.
• Los Angeles County COVID-19 vaccine leave extended.

What to Watch:

OSHA’s Emergency Temporary Standard was officially rescinded after the Supreme Court dealt the legislation a fatal blow. We are watching to see if OSHA adopts any alternative COVID-19 regulations.