July Is The New January: A Submit-Pandemic Look At Rising Labor And Employment Regulation Developments – Employment and HR
United States:
July Is The New January: A Post-Pandemic Look At Emerging Labor And Employment Law Trends
15 June 2021
Littler Mendelson
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The pandemic seems not to have slowed down state and local
lawmakers. Indeed, over 100 new labor and employment laws and
ordinances are scheduled to take effect between July 1, 2021 and
November 1, 2021. Notably, while some of these laws address
COVID-19 and topics concerning return-to-work, most mark a renewed
attention to other hot-topic labor and employment issues. Not
surprisingly, a number of states and localities have adopted their
own nondiscrimination statutes or expanded the same to recognize
new protected classifications. Other popular topics include
independent contractors and worker classification, marijuana use
and drug testing in the workplace, and repairs to state
unemployment insurance systems.
Some states have more changes on the horizon than others.
Like last year, Virginia has been the most active of the
states—the Commonwealth will see 11 new labor and employment
laws go into effect on July 1, 2021. These include major
changes such as a new state overtime law and auto-enroll payroll
deduction retirement savings program.
Please note that our annual “July is the New January,”
which tracks many labor and employment laws and ordinances across
the country that take effect in the latter half of the year, is not
all-inclusive. Although this Insight touches on some
industry-specific laws, the focus is on generally applicable labor
and employment laws enacted in states and larger municipalities.
Moreover, this report does not discuss changes to the minimum wage
and related wage and hour legislation. See Spring into Summer and Fall Minimum Wage,
Tipped, and Exempt Employee Pay Increases for information
on new wage rates taking effect across the country.
Finally, note that many state legislatures are still in session,
so additional laws that will take effect this summer are bound to
be enacted after publication. And new laws—particularly at
the local level—are often subject to amendment. This article
is intended to provide insight on the types of laws state and local
legislatures are enacting, some of which have effective dates right
around the corner.1
Alabama | |||
Law | Main Topic | Summary | Effective Date |
Alabama HB 408 | Contingent Workforce: Independent Contractors | Requires employers to follow specified requirements to determine | July 1, 2021 |
Alabama SB 249 | Worker Adjustment and Retraining Notification Act (WARN) | Requires employers relocating call centers to notify the | September 1, 2021 |
Arizona | |||
Law | Main Topic | Summary | Effective Date |
Arizona SB 1268 | Labor Relations | Requires labor organizations to be subject to similar fiduciary | August 5, 2021 |
Arizona HB 2045 | Discrimination: Pregnancy | Prohibits discrimination based on pregnancy or | August 27, 2021 |
Arizona HB 2067 | Background Checks: Criminal | Provides employer liability protections to employers of an | August 27, 2021 |
Arizona HB 2770 | COVID-19: Mask Mandates | Provides that businesses are not required to enforce mask | August 27, 2021 |
Mesa Ordinance No. 21-0214 | Discrimination: Protected Classifications | Creates the Mesa Non-Discrimination Code and prohibits | June 29, 2021 |
Glendale Ordinance No. O21-39 | Discrimination: Protected Classifications | Prohibits employment discrimination on the basis of race, color, | September 22, 2021 |
Arkansas | |||
Law | Main Topic | Summary | Effective Date |
Arkansas SB 555 | Weapons in the Workplace | Prevents an employer from prohibiting the storage of legal | July 29, 2021 |
Arkansas HB 1714 | Benefits: Health Insurance | Amends the law concerning multiple employer welfare | July 30, 2021 |
Arkansas SB 547 | Contingent Workforce: Independent Contractors | Provides that direct sellers are considered independent | July 30, 2021 |
Arkansas SB 615 | COVID-19: Vaccine Passports | Prohibits the state, state agencies, and local jurisdictions and | July 30, 2021 |
California | |||
Law | Main Topic | Summary | Effective Date |
Santa Barbara Ordinance No. 5999 | COVID-19: Hazard Pay | Requires hazard pay of $5.00 per hour for grocery and retail | June 11, 2021 |
Burbank Grocery Hazard Pay Ordinance | COVID-19: Hazard Pay | Requires hazard pay of $5.00 per hour for grocery and drug store | June 18, 2021 |
San Jose Ordinance No. 30568 | COVID-19: Reasonable Accommodation | Supplements the requirements of California Labor Code section | June 24, 2021 |
Colorado | |||
Law | Main Topic | Summary | Effective Date |
Colorado HB 1108 | Discrimination: Protected Classifications | Prohibits discrimination based on gender expression and gender | September 14, 2021 |
Colorado SB 90 | Benefits: Health Insurance | Clarifies that if a small employer has been issued a health | September 14, 2021 |
Connecticut | |||
Law | Main Topic | Summary | Effective Date |
Connecticut HB 5158 | Lactation Accommodation | Specifies certain parameters for a room or other location in the | October 1, 2021 |
Connecticut HB 5377 | COVID-19: Unemployment Insurance | Removes COVID-19-related layoffs from an employer’s | October 1, 2021 |
Connecticut HB 6380 | Equal Pay | Requires employers to disclose salary ranges for vacant | October 1, 2021 |
District | |||
Law | Main Topic | Summary | Effective Date |
District of Columbia Bill 140 | COVID-19: Leave | Temporary measure. Requires employers to provide leave to | This measure will take effect following congressional review and |
Florida | |||
Law | Main Topic | Summary | Effective Date |
Florida SB 2006 | COVID-19: Vaccine Passports | Provides that a business may not require individuals to provide | July 1, 2021 |
Indiana | |||
Law | Main Topic | Summary | Effective Date |
Indiana HB 1156 | Privacy | Clarifies the definition of employer subject to the prohibition | July 1, 2021 |
Indiana HB 1309 | Pregnancy Accommodation | Requires an employer to respond to an employee’s request for | July 1, 2021 |
Indiana SB 234 | Employment Taxes | Provides if a payroll service provider fails to deposit or remit | July 1, 2021 |
Iowa | |||
Law | Main Topic | Summary | Effective Date |
Iowa HB 200 (SB 182) | Protected Time Off: Military | Requires an employer to provide leave to a member of the U.S. | July 1, 2021 |
Iowa SB 2296 (HB 2479) | Contingent Workforce: Independent Contractors | Establishes the circumstances under which certain independent | July 1, 2021 |
Kentucky | |||
Law | Main Topic | Summary | Effective Date |
Kentucky HB 210 | Benefits: Leaves | Requires an employer to provide the same leave policies to | June 30, 2021 |
Maine | |||
Law | Main Topic | Summary | Effective Date |
Maine LD 137 (HP 93) | Protected Time Off: Volunteer Emergency Responder | Provides that an employer must designate in writing that an | September 15, 2021 |
Maryland | |||
Law | Main Topic | Summary | Effective Date |
Maryland HB 289 (SB 105) | Workplace Safety | Makes certain provisions relating to filing, issuance, and | October 1, 2021 |
Maryland HB 290 (SB 455) | Discrimination: Statute of Limitations | Extends from 6 months to 300 days the time period within which a | October 1, 2021 |
Maryland HB 804 (SB 916) | Whistleblower | Establishes a whistleblower reward program within the Office of | October 1, 2021 |
Maryland SB 473 (HB 56) | Protected Time Off: Bereavement | Authorizes the use of certain leave with pay for | October 1, 2021 |
Maryland SB 801 (HB 1154) | Business Restructuring | Excludes employees who have accepted offers of transfer to | October 1, 2021 |
Minnesota | |||
Law | Main Topic | Summary | Effective Date |
Minnesota HB 2253 | COVID-19: Workers’ Compensation | Extends the presumption that certain workers who have contracted | October 1, 2021 |
Mississippi | |||
Law | Main Topic | Summary | Effective Date |
Mississippi HB 1139 | Employment Taxes | Removes the provision that requires an employer with an average | July 1, 2021 |
Mississippi HB 119 | Drug Testing | Extends the effective period of the statute permitting the | July 1, 2021 |
Mississippi Medical Marijuana Amendment (Ballot Measure) | Drug Testing | Establishes a medical marijuana program in Mississippi for | July 1, 2021 |
Mississippi SB 2124 | Unemployment | Revises the definition of unemployment to exclude administrative | July 1, 2021 |
Montana | |||
Law | Main Topic | Summary | Effective Date |
Montana HB 655 (LC 479) | Drug Testing | Disqualifies an individual from workers’ compensation if the | July 1, 2021 |
Montana SB 118 (LC 481) | Workers’ Compensation | Provides that false statements in an employer-provided | July 1, 2021 |
Montana HB 282 (LC 1027) | Child Labor | Allows student-employees 16 years of age or older to perform | October 1, 2021 |
Montana SB 367 (LC 133) | Contingent Workforce: Independent Contractors | Provides that the absence of an independent contractor exemption | October 1, 2021 |
Nebraska | |||
Law | Main Topic | Summary | Effective Date |
Nebraska LB 260 | Unemployment | Expands provisions relating to good cause for voluntarily | August 31, 2021 |
Nebraska LB 451 | Hairstyle Discrimination | Prohibits discrimination based on traits typically associated | August 31, 2021 |
Nebraska LB 540 | Disability Discrimination | Provides that cities and villages can prohibit discrimination | September 10, 2021 |
Nevada | |||
Law | Main Topic | Summary | Effective Date |
Nevada AB 37 (BDR 301) | Garnishment | Amends the procedures for garnishment of wages pursuant to a | October 1, 2021 |
Nevada AB 190 (BDR 379) | Protected Time Off: Kin Care | Requires employers that provide sick leave to allow an employee | October 1, 2021 |
Nevada AB 280 (BDR 132) | Discrimination: Public Accommodation | Requires that owners or operators of places of public | October 1, 2021 |
Nevada AB 307 (BDR 764) | Workplace Posters | Requires an employer to post a notice of services provided by | October 1, 2021 |
Nevada SB 293 (BDR 907) | Salary History | Prohibits an employer from seeking the salary history of an | October 1, 2021 |
New Hampshire | |||
Law | Main Topic | Summary | Effective Date |
New Hampshire HB 258 (LSR 0228) | Record Retention | Requires an employer to permit an employee to electronically | June 22, 2021 |
New Jersey | |||
Law | Main Topic | Summary | Effective Date |
New Jersey Healthy Terminals Act | Wage and Hour | Requires covered airport or related location employers to pay a | September 1, 2021 |
New Mexico | |||
Law | Main Topic | Summary | Effective Date |
New Mexico SB 129 | Benefits: Retirement | Provides conditions for implementation of the New Mexico Work | June 18, 2021 |
New Mexico SB 35 | Child Labor | Removes the exception to the minimum wage requirement for | June 18, 2021 |
New Mexico HB 2 | Drug Testing | Permits the personal use of cannabis; does not restrict an | June 29, 2021 |
New Mexico SB 2 | Background Checks: Criminal | Provides for the expungement of certain criminal records. | June 29, 2021 |
New Mexico SB 80 | Hairstyle Discrimination | Prohibits discrimination or disparate treatment in employment | July 1, 2021 |
New | |||
Law | Main Topic | Summary | Effective Date |
NYC Int. No. 1396-2019 | Hospitality | Provides that a fast food employee in New York City cannot be | July 4, 2021 |
NYC Int. No. 1415-2019 | Hospitality | Provides that a fast food employee in New York City cannot be | July 4, 2021 |
NYC Int. No. 1314-A | Background Checks: Criminal | Expands the scope the New York City Fair Chance Act. The law | July 29, 2021 |
North | |||
Law | Main Topic | Summary | Effective Date |
Durham Ordinance No. 14420 | Hairstyle Discrimination | Prohibits discrimination in employment based on a protected | July 1, 2021 |
Greensboro Ordinance No. 21-0084 | Discrimination: Protected Classifications | Prohibits employment discrimination on the basis of sexual | July 1, 2021 |
North | |||
Law | Main Topic | Summary | Effective Date |
North Dakota HB 1040 | Workers’ Compensation | Provides that an employer has 45 days instead of 30 to appeal a | July 31, 2021 |
North Dakota HB 1084 | Workers’ Compensation | Amends definition of compensable injury to not include any | August 1, 2021 |
North Dakota HB 1278 | Unemployment: Military | Provides eligibility for unemployment compensation for military | August 1, 2021 |
North Dakota HB 1398 | Preemption: Paid Leave | Prohibits a political subdivision from adopting or enforcing an | August 1, 2021 |
Oklahoma | |||
Law | Main Topic | Summary | Effective Date |
Oklahoma HB 2780 | Garnishments | Permits wage garnishment for delinquent taxpayers; requires | November 1, 2021 |
Oklahoma SB 794 | Unemployment | Requires e-filing of documents with the Oklahoma Employment | November 1, 2021 |
Oklahoma SB 862 | Drug Testing | Allows employers to take action against a licensed medical | November 1, 2021 |
Oregon | |||
Law | Main Topic | Summary | Effective Date |
Oregon HB 2231 | Protected Time Off: Military | Exempts time spent in voluntary service overseas and domestic | September 25, 2021 |
Pennsylvania | |||
Law | Main Topic | Summary | Effective Date |
Pennsylvania HB 203 | Protected Time Off: Organ Donation | Requires an employer to provide leave for organ donation. | June 27, 2021 |
South | |||
Law | Main Topic | Summary | Effective Date |
South Carolina HB 3094 | Weapons in the Workplace | Allows a permit holder to carry a concealable weapon openly on | July 16, 2021 |
South | |||
Law | Main Topic | Summary | Effective Date |
South Dakota Constitutional Amendment A (Ballot Measure) | Drug Testing | Amends the state constitution to legalize the recreational use | July 1, 2021 |
South Dakota HB 1046 | COVID-19: Liability Shield | Limits liability for certain exposures to COVID-19. | July 1, 2021 |
South Dakota HB 1154 | Home Health Services | Prohibits employment contracts restricting competitive health | July 1, 2021 |
South Dakota Initiated Measure 26 (Ballot Measure) | Drug Testing | Establishes a medical marijuana program in South Dakota for | July 1, 2021 |
Tennessee | |||
Law | Main Topic | Summary | Effective Date |
Tennessee HB 1182 (SB 1224) | Workplace Posters | Requires an entity open to the general public to post a notice | July 1, 2021 |
Tennessee SB 1576 (HB 401) | Workers’ Compensation | Authorizes the court of workers’ compensation claims to | July 1, 2021 |
Texas | |||
Law | Main Topic | Summary | Effective Date |
Texas SB 45 (HB 48) | Discrimination and Harassment | Provides that it is unlawful employment practice if an employer | September 1, 2021 |
Utah | |||
Law | Main Topic | Summary | Effective Date |
Utah SB 42 | Garnishments | Authorizes garnishment orders for state tax liability and | July 1, 2021 |
Vermont | |||
Law | Main Topic | Summary | Effective Date |
Vermont HB 149 | Protected Time Off: Military | Removes the 15-day limitation on the leave of absence afforded | July 1, 2021 |
Virginia | |||
Law | Main Topic | Summary | Effective Date |
Virginia HB 1814 | Garnishments | Provides that the Virginia minimum hourly wage will be used to | July 1, 2021 |
Virginia HB 1848 | Disability Discrimination | Prohibits discrimination on the basis of disability. | July 1, 2021 |
Virginia HB 1862 | Drug Testing | Prohibits an employer from taking adverse action against an | July 1, 2021 |
Virginia HB 1985 | COVID-19: Workers’ Compensation | Establishes that COVID-19 is an occupational disease compensable | July 1, 2021 |
Virginia HB 2063 | Wage Payment: Overtime | Requires an employer to compensate its employees who are | July 1, 2021 |
Virginia HB 2134 | Contingent Workforce: Independent Contractors | Provides that if an employer provides workers with personal | July 1, 2021 |
Virginia HB 2137 | Protected Time Off: Paid Sick Leave | Requires employers to provide paid sick leave to home health | July 1, 2021 |
Virginia HB 2161 (SB 1410) | Discrimination: Military Status | Prohibits discrimination based on a person’s military | July 1, 2021 |
Virginia HB 2174 | Benefits: Retirement | Establishes an automatic enrollment payroll deduction individual | July 1, 2021 |
Virginia HB 2312 | Background Checks: Criminal | Eliminates criminal penalties for possession of marijuana for | July 1, 2021 |
Virginia SB 1339 | Background Checks: Criminal | Establishes a process for the automatic sealing of certain | July 1, 2021 |
Washington | |||
Law | Main Topic | Summary | Effective Date |
Washington HB 1206 (SB 5218) | Safety Training | Requires workplace safety training for manufacturing and | July 24, 2021 |
Washington SB 5284 | Subminimum Wage | Eliminates subminimum wage certificates for persons with | July 24, 2021 |
Washington HB 1097 (SB 5090) | Workplace Safety | Provides that an employer may contest an order restraining any | July 25, 2021 |
Washington SB 5097 | Family and Medical Leave | Expands the definition of family member under the paid family | July 25, 2021 |
Washington HB 2308 | Record Retention | Requires employers to periodically report standard occupational | October 1, 2021 |
West | |||
Law | Main Topic | Summary | Effective Date |
West Virginia HB 2009 | Contingent Workforce: Independent Contractors | Clarifies that an independent contractor is not considered an | June 17, 2021 |
West Virginia HB 2026 | Employment Taxes | Excludes compensation of certain temporary nonresident employees | June 28, 2021 |
Wyoming | |||
Law | Main Topic | Summary | Effective Date |
Wyoming HB 239 | Student Workers | Provides for student learner agreements between eligible | July 1, 2021 |
Footnote
1 Notably, over 300 new labor and employment bills,
ordinances, and regulations took effect at the state and municipal
levels between January 1 and July 1 of this year alone. Employers
that are interested in keeping updated on new laws impacting the
workplace can learn about Littler GPS
here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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