On June 11, 2021, Oregon Governor Kate Brown signed into law House Bill 2935, also known as the CROWN Act (Creating a Respectful and Open World for Natural Hair), joining several other states in explicitly prohibiting employers and public schools from discriminating against individuals based on physical characteristics historically associated with race, including hair texture and protective hairstyles.
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates workplace health and safety protections from any airborne infectious disease that the commissioner of health has designated as “a highly contagious communicable disease that presents a serious risk of harm to the public health.” On June 11, 2021, Governor Cuomo signed legislation to amend the NY HERO Act. The amendments extend the effective date of section 1 of the act, pertaining to the creation and adoption of airborne infectious disease plans. Pursuant to the amendment, section 1 will take effect on July 5, 2021. Section 2, which pertains to the establishment of workplace safety committees, will take effect on November 1, 2021.
On June 15, 2021, Missouri Governor Mike Parson signed House Bill 271 prohibiting any county, city, town, or village government receiving public funds from requiring COVID-19 vaccination documents (commonly known as “vaccine passports”) from citizens. In addition, according to the new law, Missouri citizen must be allowed access to any building, transportation system, or service without showing proof they have received the vaccine.
On June 8, 2021, Governor Kate Brown signed into law House Bill (HB) 2474, amending the Oregon Family Leave Act (OFLA) to update and expand the law’s eligibility and leave provisions. The amendments give eligibility to take leave to employees reemployed after a separation or returning after a temporary work cessation within 180 days, expand eligibility and leave entitlements during public health emergencies, and remove gendered language.
On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys General Act of 2004 (PAGA) in federal court.
On June 11, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) published proposed revisions to the current Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). On June 17, 2021, the Standards Board will meet again to vote on adopting proposed revisions. This is the third updated revision that the Standards Board has considered in the last month. Until the new ETS takes effect, employers must comply with the November 30, 2020, ETS, which remains in place.
On June 7, 2021, Texas Governor Greg Abbott signed into law legislation that prohibits government entities from requiring individuals to provide evidence of COVID-19 vaccination status and strongly discourages private businesses in Texas from requiring what has become known as “COVID-19 vaccine passports” from customers.
On June 9, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) voted to withdraw the previously submitted Emergency Temporary Standard (ETS) changes and instead consider further revisions at its June 17, 2021, meeting.
The Illinois General Assembly recently approved House of Representatives Amendment 1 to Senate Bill (SB) 672, which would significantly reform noncompete and nonsolicitation law in Illinois. The bill will now go to Governor JB Pritzker, who is expected to sign the bill into law.
In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor Ned Lamont signed House Bill No. 6380, titled “An Act Concerning the Disclosure of Salary Range for a Vacant Position.” As the name suggests, the new law requires employers to disclose the “wage range” for vacant positions to employees and prospective employees, under a variety of circumstances.
On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v. Continental Indemnity Company may support employer arguments to limit employment-related litigation claims brought by employees because worker’s compensation provides an exclusive remedy to employees injured in the course of employment.
On June 4, 2021, Governor Ned Lamont signed House Bill No. 5158, modifying Connecticut’s breastfeeding in the workplace law to expand employers’ obligations to provide lactation rooms. The new law requires employers with one or more employees, including the state and any political subdivision of the state, “to provide a room or other location, in close proximity to the work area,” where she can express milk in private.
On January 1, 2020, California’s new lactation accommodation law, Senate Bill (SB) 142, went into effect and imposed detailed requirements for employers to provide lactation rooms and other facilities, along with new policies and procedures to administer lactation break programs. Just two months later, most California employees started working remotely from home due to the COVID-19 pandemic and state and local ordinances. Thus, most employers had not yet fully implemented the new accommodation requirements before employees left the workplace. Now that many employees are getting vaccinated and returning to the workplace, it is a good time for California employers to review their lactation accommodation policies to ensure that they fully comply with the law.
On June 3, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) was initially unable to pass the proposed changes to the COVID-19 Emergency Temporary Standard (ETS) after a daylong online hearing with more than 500 individuals logged on to the meeting and 5 hours of public comment. The Standards Board had previously decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 ETS at their May 20, 2021, meeting and requested an updated revision for the June 3, 2021, vote. After a break in the proceedings, the Board agreed to have another vote and passed the proposed regulation in a stunning turn of events.
Texas Governor Greg Abbott is expected to sign the Firearm Carry Act of 2021 (House Bill 1927) into law. Texas will join several other states that have enacted or plan to enact similar permitless, “constitutional carry” statutes in support of the individual right to keep and bear arms under the Second Amendment of the U.S. Constitution.
Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime workplace and held that the trial court had improperly weighed the credibility of the plaintiff’s testimony, resulting in the reversal and remand of the case.
On May 28, 2021, Massachusetts Governor Charlie Baker signed into law “An Act providing for Massachusetts COVID-19 emergency paid sick leave.” The act requires eligible Massachusetts employers to provide emergency paid sick leave to employees who meet certain criteria, with reimbursement by the Commonwealth.
On April 14, 2021, Washington governor Jay Inslee signed into law Substitute House Bill (SHB) 1206, creating new requirements for staffing agencies and worksite employers utilizing temporary employees to provide training on workplace safety and health hazards. Under the new law, worksite employers must notify staffing agencies about the anticipated job hazards temporary employees will likely encounter, and provide specific training to temporary employees on those hazards.
On May 21, 2021, Oregon Governor Kate Brown signed Senate Bill (SB) 169, making substantial changes to the statute that limits noncompetition agreements with Oregon employees, Oregon Revised Statutes (ORS) 653.295. The changes apply to any employee noncompetition agreement entered into on or after the effective date of the act.
The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal law under the Fair Labor Standards Act (FLSA). Upon closer examination, however, this new law contains important nuances that deviate from the FLSA, such as a new method for calculating the regular rate of pay, an extended statute of limitations, automatic liquidated damages, possible treble damages, and the effective elimination of popular pay schemes.
On May 24, 2021, Michigan Governor Gretchen Whitmer announced important changes to the Michigan Occupational Safety and Health Administration’s (MIOSHA) emergency COVID-19 rules, “Emergency Rules for Coronavirus Disease 2019.” Governor Whitmer also announced that the draft permanent MIOSHA COVID-19 rules have been rescinded in their entirety, and the public hearing to discuss those rules scheduled
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections for all airborne infectious diseases. This action was quickly followed by the New York State Assembly’s May 10, 2021, and the New York State Senate’s May 14, 2021, introduction of identical bills to amend certain provisions of the NY HERO Act.
On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement, which has increased in momentum in the Commonwealth since Democrats gained a majority in the legislature, culminated in February 2021, when the General Assembly passed recreational legalization measures with an effective date of January 2024.
Twenty-two of 27 Republican-led states have announced that they will end enhanced federal COVID-19 unemployment benefits early. Of those, four (Arizona, Montana, New Hampshire, and Oklahoma) will offer additional monetary incentives for individuals to return to work. To date, no state with a Democratic governor has chosen to opt out of the COVID-19–related enhanced federal unemployment programs.
On May 18, 2021, the Oregon Health Authority (OHA) issued a new guidance titled, “Interim Guidance for Fully Vaccinated Individuals,” adjusting the applicability and enforcement of current state guidance for fully vaccinated individuals. Here are the key provisions of the new interim guidance.
On May 20, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 Emergency Temporary Standard (ETS). Instead, the Standards Board requested that Cal/OSHA draft a new proposed regulation for the Standard Board’s consideration during a special June 3, 2021, meeting.
On May 19, 2021, on the eve of a vote by the Occupational Safety and Health Standards Board to adopt proposed substantial changes to the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS), Deputy Chief of the Division of Occupational Safety and Health (commonly known as “Cal/OSHA”) Eric Berg asked that the Standards Board not vote the next day, on May 20, 2021, to adopt Cal/OSHA’s proposed ETS revisions.
On May 18, 2021, Santa Clara County, California, issued a health order that both relieves employers of some earlier COVID-19–related requirements and imposes new obligations on employers, particularly with respect to employees’ vaccination status. Santa Clara County also issued the “Mandatory Directive on Use of Face Coverings” and the “Mandatory Directive For Unvaccinated Personnel.”
With the onset of warmer weather this spring and summer, now is a good time for California employers to review their recovery break policies.
There is light at the end of the pandemic tunnel for New Jersey employers, as the state’s COVID-19 numbers continue to decline and Governor Philip Murphy continues to ease restrictions on businesses. But this good news comes with a dose of serious bad news for New Jersey employers too. The state previously adopted amendments to the New Jersey Act (officially known as the Millville Dallas Airmotive Plant Job Loss Notification Act), which require employers to provide 90 days’ notice before the first employee is discharged as part of a mass layoff, termination of operations, or transfer of operations.