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New Year, New Regulations

As we herald in 2018 it is important to remember the numerous employment laws that are taking effect. Employers should be sure to take note of the state and municipal legal developments to ensure compliance with the law. Below are some key employment and Labor law requirements effective now:

Minimum Wage Increases:

State level:

Alaska - $9.84

Arizona - $10.50

California - $11 (26 or more employees), $10.50 (25 or fewer employees)

Colorado - $10.20

Florida - $8.25

Hawaii - $10.10

Maine - $10.00

Michigan - $9.25

Minnesota - $9.65

Missouri - $7.85

Montana - $8.30

New Jersey - $11.75 (for fast food employees)

Ohio - $8.30

Rhode Island - $10.10

South Dakota - $8.85

Vermont - $10.50

Washington - $11.50

Noted Municipalities (this list is not inclusive, and employers should be sure to check their local laws to ensure compliance):

Albuquerque, NM - $8.95

Bernalillo County, NM - $8.85

Minneapolis, MN - $10 (for employers with 101 or more employees)

Oakland, CA - $13.23

New York City, NY - $13.50 (for fast food employees), $13 (11 or more employees), $12 (10 or fewer employees)

Richmond, CA - $13.41

Seattle, WA - $15.45 (Schedule 1 employers), $15 (Schedule 1 employers with medical benefits), $11.50 (Schedule 2 employers), $14 (Schedule 2 employers with minimum compensation)

Minimum Salary for Overtime Exempt Employees:

Alaska

Executive, administrative and professional employees

$787.20 per week, exclusive of employer-furnished board or lodging

California

Executive, administrative and professional employees of employers with 26 or more employees

$880 per week

Executive, administrative and professional employees of employers with 25 or fewer employees

$840 per week

Computer employees

$43.58 per hour, $7,565.85 per month or $90,790.07 per year

Colorado

Executive / supervisory employees

$10.20 per hour

Maine

Executive, professional and administrative employees

$30,000 per year

New York

Executive and administrative employees of New York City employers with 11 or more employees

$975 per week

Executive and administrative employees of New York City employers with 10 or fewer employees

$900 per week

Executive and administrative employees of employers in Nassau, Suffolk and Westchester Counties

$825 per week

Executive and administrative employees of employers in the remainder of New York

$780 per week

Other Wage and Hour Changes

Other wage and hour changes set to take effect include:

  • California amends overtime exemption for private elementary and secondary school teachers
  • North Carolina repeals overtime, subminimum wage provisions for employees of seasonal and recreational establishments
  • San Francisco lactation accommodation law takes effect

Recruiting and Hiring:

California

  • San Francisco Lactation in the Workplace Ordinance
  • Ban the box criminal history law prohibiting criminal history questions by employers with five or more employees until after conditional job offer
  • Salary history inquiry law prohibiting all employers from:
    • Relying on applicant's salary history as a factor in determining whether to offer employment or what salary to offer; and
    • Seeking salary history information about an applicant, orally or in writing, including compensation and benefits
  • California's Immigrant Worker Protection Act (IWPA) imposes new requirements and prohibitions on any employers subject to an immigration enforcement action

Oregon

  • Ban on certain restrictive covenants for home care workers
  • Limiting negligent hiring claims

Vermont

Social media privacy law providing protections for job applicants and employees

Washington

Requiring paid sick and safe leave notice for new employees

Paid Sick Leave and Other Leave Benefits:

California

  • Paid Family Leave and Temporary Disability Amendments
  • New Parent Leave Act providing up to 12 weeks of unpaid leave

Nevada

Adding leave rights for domestic violence victims

New York

Paid Family Leave Benefits

Oregon

Amending paid sick leave law

San Francisco, CA

Paid Family Leave applies to employers with 20 or more employees

St. Paul, MN

Extending paid sick leave to smaller employers

Tacoma, WA

Amending paid sick leave law to align with state law

Vermont

Extending paid sick leave to small employers

Washington

Granting paid sick leave for a number of absences

Payroll Requirements:

California

Requiring electronic filing of unemployment insurance contribution reports, quarterly returns and wage reports

Connecticut

Requiring employers to include copies of child support withholding orders with workers' compensation reports

Hawaii

Mandating that all employers file withholding tax returns on a quarterly basis

Earned income tax credit takes effect

Illinois

Phasing in payroll deduction IRAs

Revising employer reporting requirements for unclaimed wages

Massachusetts

Increasing employer medical assistance contribution and adding a new tax for employers

Ohio

Requiring all employers to file quarterly unemployment insurance reports

 

Vermont

Requiring earlier submission of quarterly health care contributions

Additional Compliance Requirements:

Arkansas

Amending unemployment benefits law

California

Expanding sexual harassment prevention training and posting requirements

Extending Fair Pay Act coverage to all private employers

Expanding discrimination protections based on an employee's military service

Redefining electronic devices prohibited while driving

Illinois

Enhancing protections for volunteer emergency workers

Maryland

Expanding definition of employee's personal information

Texas

Amending health insurance law on hearing loss and mammograms

Vermont

Amendments providing pregnancy accommodations