Summary of New Federal and Multi-State
Labor & Employment Laws in 2018
As usual, the new year also brought in new and revised federal and state labor and employment laws. Employers in some states managed to dodge new regulations, while others were exposed to a myriad of new and revised regulations.
The following information is a summary of key new and revised laws effective in 2018, on a federal and state level. Although we work diligently to ensure we provide the most current information, it is also important to research your local laws for other regulations (local, state and federal) that may impact your business.
FEDERAL LAWS
SEC Pay Ration Guidance (disclosures coming in 2018)
Provides interpretive guidance from the Securities and Exchange Commission concerning the pay ratio disclosure requirement under Dodd-Frank and associated regulations.
DOL Proposed Delay of Rules for Plans with Disability Benefits (4/1/18)
Proposed 90-day implementation delay of final rules governing claims regulations for ERISA-covered disability benefit plans. If the delay is adopted, the final rules would apply to disability claims filed on or after 4/1/2018. DOL may also rescind or modify the rules during this review period.
Provides interpretive guidance from the Securities and Exchange Commission concerning the pay ratio disclosure requirement under Dodd-Frank and associated regulations.
DOL Proposed Delay of Rules for Plans with Disability Benefits (4/1/18)
Proposed 90-day implementation delay of final rules governing claims regulations for ERISA-covered disability benefit plans. If the delay is adopted, the final rules would apply to disability claims filed on or after 4/1/2018. DOL may also rescind or modify the rules during this review period.
CALIFORNIA LAWS
COLORADO LAWS
HB 1186 Benefits: Contraceptive Coverage (1/1/19)
Beginning in 2019, requires health benefit plans to cover a multi-month supply of prescription contraceptives.
Beginning in 2019, requires health benefit plans to cover a multi-month supply of prescription contraceptives.
CONNECTICUT LAWS
DELAWARE LAWS
HAWAII LAWS
ILLINOIS LAWS
MAINE LAWS
MARYLAND LAWS
MASSACHUSETTES LAWS
MINNESOTA LAWS
St. Paul: Final Rule on Sick Time: Protected Time Off: Earned Sick & Safe Time (effective 11/30/17)
Adopts final rules implementing and enforcing the Earned Sick and Safe Time Ordinance (No. 233).
Adopts final rules implementing and enforcing the Earned Sick and Safe Time Ordinance (No. 233).
NEVADA LAWS
:AB 76: Criminal Background Checks (effective 1/1/18)
Removes the duty of the state central repository of criminal records to provide certain information to employers and repeals immunity previously afforded employers under specific circumstances.
SB 36: Protected Time Off: Domestic Violence (effective 1/1/18)
Requires employers to grant leave (up to 160 hours per year) to employees who are victims of domestic violence, or whose family or household members are victims. Obligates employers also to reasonably accommodate employees, including modified schedules or new work numbers.
Removes the duty of the state central repository of criminal records to provide certain information to employers and repeals immunity previously afforded employers under specific circumstances.
SB 36: Protected Time Off: Domestic Violence (effective 1/1/18)
Requires employers to grant leave (up to 160 hours per year) to employees who are victims of domestic violence, or whose family or household members are victims. Obligates employers also to reasonably accommodate employees, including modified schedules or new work numbers.
NEW YORK LAWS
NORTH CAROLINA LAWS
SB 407 Worker Classification (effective 12/31/17)
Creates an Employee Classification Section within the North Carolina Industrial Commission, to investigate reports of misclassification and to coordinate state agencies in recouping taxes, wages, etc. Also requires workplace posting.
Creates an Employee Classification Section within the North Carolina Industrial Commission, to investigate reports of misclassification and to coordinate state agencies in recouping taxes, wages, etc. Also requires workplace posting.
OHIO LAWS
OREGON LAWS
HB 3008 Wage and Hour Records (effective 1/1/18)
Prohibits employers from compelling employees to falsify documents related to hours worked or compensation received. Authorizes private actions and recovery of actual damages, penalties, fees, and costs.
SB 299 Protected Time Off: Paid Sick Leave (effective 1/1/18)
Amends the Oregon paid sick leave law to expound on certain definitions, to permit an employer to cap accrual, and to clarify the method of payment for piece rate and commissioned employees.
SB 769 Privacy: Social Security Numbers (effective 1/1/18)
Adds new privacy protections for Social Security numbers, including the disposal of material or media with such information.
SB 828 Predictive Scheduling (effective 1/1/18)
Requires employers with 500+ employees (in retail, hospitality, and food services) to provide new hires with a good-faith estimate of work schedules, including average monthly hours. Mandates that employers provide advance notice of schedules: 7 days advance notice as of 7/1/2018, and 14 days as of 7/1/2020. Premium payments apply for changes to the posted schedule. Also requires a minimum 10-hour rest period between shifts.
Prohibits employers from compelling employees to falsify documents related to hours worked or compensation received. Authorizes private actions and recovery of actual damages, penalties, fees, and costs.
SB 299 Protected Time Off: Paid Sick Leave (effective 1/1/18)
Amends the Oregon paid sick leave law to expound on certain definitions, to permit an employer to cap accrual, and to clarify the method of payment for piece rate and commissioned employees.
SB 769 Privacy: Social Security Numbers (effective 1/1/18)
Adds new privacy protections for Social Security numbers, including the disposal of material or media with such information.
SB 828 Predictive Scheduling (effective 1/1/18)
Requires employers with 500+ employees (in retail, hospitality, and food services) to provide new hires with a good-faith estimate of work schedules, including average monthly hours. Mandates that employers provide advance notice of schedules: 7 days advance notice as of 7/1/2018, and 14 days as of 7/1/2020. Premium payments apply for changes to the posted schedule. Also requires a minimum 10-hour rest period between shifts.
RHODE ISLAND LAWS
UTAH LAWS
SB 249 Tax Withholding (effective 1/1/18)
Requires that employers submit quarterly withholding returns electronically.
Requires that employers submit quarterly withholding returns electronically.
VERMONT LAWS
HB 136 Pregnancy Accommodations (effective 1/1/18)
Makes it unlawful for employers to refuse to provide reasonable accommodation for an employee’s pregnancy-related condition, absent undue hardship.
HB 462 Privacy: Social Media Accounts (effective 1/1/18)
Prohibits employers from requiring or requesting that employees or applicants disclose personal social media account information (including usernames), access an account in the employer’s presence, change account privacy settings, etc.
Makes it unlawful for employers to refuse to provide reasonable accommodation for an employee’s pregnancy-related condition, absent undue hardship.
HB 462 Privacy: Social Media Accounts (effective 1/1/18)
Prohibits employers from requiring or requesting that employees or applicants disclose personal social media account information (including usernames), access an account in the employer’s presence, change account privacy settings, etc.
VIRGINIA LAWS
HB 1646, SB 1333 Wage Garnishment (effective 7/1/18)
Lowers the maximum portion of disposable earnings subject to garnishment.
Lowers the maximum portion of disposable earnings subject to garnishment.
WASHINGTON LAWS
SB 5975 Protected Time Off: Paid Family Leave (effective 12/31/2019)
Beginning 1/1/2020, entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Employers with 50 or fewer employees are exempt from employer contributions. Includes notice duties.
Initiative No. 1433 Protected Time Off: Paid Sick Leave (effective 1/1/18)
Entitles all employees to accrue paid sick leave, at a rate of 1 hour per 40 hours worked, with carryover to the next year. Relatedly, the Department of Labor & Industries is evaluating proposed regulations on the paid sick leave law.
Beginning 1/1/2020, entitles eligible employees to 12 weeks of paid time off for the birth or adoption of a child, or for the serious medical condition of the employee or a family member. Employers with 50 or fewer employees are exempt from employer contributions. Includes notice duties.
Initiative No. 1433 Protected Time Off: Paid Sick Leave (effective 1/1/18)
Entitles all employees to accrue paid sick leave, at a rate of 1 hour per 40 hours worked, with carryover to the next year. Relatedly, the Department of Labor & Industries is evaluating proposed regulations on the paid sick leave law.