Summer 2019 Workplace Issues To Keep Your Eye On!

​With the arrival of summer come thoughts of time off and travel, lazy days at the beach and ice cream cones on a hot day - July, in fact, is National Ice Cream Month! For HR professionals the season also calls to mind summer workplace issues such as summer dress codes, flexible schedules, seasonal hires and - you guessed it - new midyear employment law requirements. Here's the scoop on the latest employment law changes taking effect on or around July 1.

The states and localities once again took the lead, implementing more than 60 new compliance requirements across more than two dozen states, covering topics such as gender-neutral restrooms, e-cigarettes, discrimination and harassment, minimum wage, leaves of absence and recruiting and hiring. Delaware, the District of Columbia, Kentucky, Minnesota and Westchester County, New York, have new posting or notice requirements as well.

Below are key employment and labor law requirements that become effective midyear.

Key Topics

Minimum Wage
Many of the new requirements that take effect at midyear are minimum wage increases. Beginning July 1 the minimum wage rate will increase in over 18 localities across the US, including the District of Columbia. In several of these localities, the increases are based on employer size. In California alone, over 10 localities will see the minimum wage increase this summer. At the state level, New Jersey and Oregon will see increases to the minimum wage, while Virginia is repealing several exemptions from its minimum wage law for certain types of workers.

The Minimum Wage Rates by State and Municipality 50-State Chart provides further details on current and future minimum wage rates for states and localities.

Leaves of Absence
Employers in New Jersey, New York and the District of Columbia have new obligations related to paid leave. In the District of Columbia, employers are required to begin contributing to paid family leave benefits, while in New Jersey the state's family leave act now applies to smaller employers. New Jersey is also eliminating the one-week waiting period for employees to collect paid family leave benefits under the state's family leave insurance law. And although Massachusetts delayed the start of its paid family and medical leave program, the law's retaliation provisions take effect July 1.

Employers in Westchester County, New York, should be aware of new notice requirements for paid sick leave.

The Paid Family Leave Requirements by State and Municipality and Paid Sick Leave by State and Municipality 50-State Charts provide an overview of these requirements at the state and local levels.

Discrimination and Harassment
Discrimination and harassment remain key issues that employers should continue to keep top of mind. For example, New Mexico has a new law regulating gender-neutral single-user restrooms. The District of Columbia has a number of sexual harassment prevention requirements coming into effect for covered employers of tipped employees, while Delaware employers have to comply with new notice requirements explaining sexual harassment protections.

Other Trending Topics
In addition to minimum wage, leaves of absence and discrimination and harassment, employers should be on the lookout for midyear changes at the state and local level on topics such as pregnancy and lactation accommodations, data security breaches, nondisclosure agreements, criminal and salary history inquiries and the use of background checks in hiring.

​Federal, State and Local Developments
Federal
Topic
Legal Development
Effective Date
Retaliation
Taxpayer First Act's Whistleblower and Retaliation Provisions Take Effect
July 1

Arizona
Topic
Legal Development
Effective Date
Workers' Compensation
Arizona Allows Majority Shareholders to Opt in to Workers' Compensation Coverage
July 1

Colorado
Topic
Legal Development
Effective Date
Smoking in the Workplace
Colorado Expands Smoking Prohibitions
July 1

Delaware
Topic
Legal Development
Effective Date
Harassment
Delaware Employers Must Provide Employees Sexual Harassment Prevention Information Sheet
July 1

District of Columbia
Topic
Legal Development
Effective Date
Harassment
District of Columbia Sexual Harassment Prevention Provisions Take Effect
July 1

Payroll
District of Columbia Requires Employer Contributions for Universal Paid Leave Benefits
July 1

Florida
Topic
Legal Development
Effective Date
Health Care Benefits
Florida Preserves Certain ACA Benefits
June 25

Smoking in the Workplace
Florida Prohibits Vaping in Workplaces
July 1

Georgia
Topic
Legal Development
Effective Date
Workers' Compensation
Georgia Expands and Increases Workers' Compensation Benefits
July 1

Hawaii
Topic
Legal Development
Effective Date
Payroll
Hawaii Enacts New Child Support Noncompliance Penalty
July 1

Discrimination
Hawaii Prohibits Discrimination Based on Reproductive Health Decisions
July 2

Idaho
Topic
Legal Development
Effective Date
Disabilities
Idaho Amends Service Animals Law
July 1

Illinois
Topic
Legal Development
Effective Date
Recreational Marijuana
Illinois Legalizes Recreational Marijuana
June 25

Payroll
Illinois Requires Medium-Size Employers to Enroll in Secure Choice Savings Program
July 1

Indiana
Topic
Legal Development
Effective Date
Minimum Wage; Overtime; Unemployment Insurance
Indiana Exempts Direct Sellers From Minimum Wage, Overtime and Unemployment Insurance Laws
July 1

Workplace Safety
Indiana Adds OSH Act Civil Penalty
July 1

Iowa
Topic
Legal Development
Effective Date
Franchisor Protections
Iowa Franchisor Protection Law Takes Effect
July 1

Negligent Hiring
Iowa Places Limits on Negligent Hiring Protections
July 1

Workers' Compensation
Iowa Workers' Compensation Law No Longer Covers Injuries Resulting From Certain Falls
July 1

Kentucky
Topic
Legal Development
Effective Date
Pregnancy and Lactation Accommodations
Kentucky Requires Pregnancy and Lactation Accommodations, Notice Posting
June 27

Terms of Employment; Background Checks; Arbitration
Kentucky Amends Law Affecting Arbitration Agreements, Employment Contracts and Background Checks
June 27

Massachusetts
Topic
Legal Development
Effective Date
Family and Medical Leave
Massachusetts Issues Paid Family and Medical Leave Final Regulations
July 1

Family and Medical Leave
Massachusetts Paid Family and Medical Leave Retaliation Provisions Take Effect
July 1

Minnesota
Topic
Legal Development
Effective Date
Wage Theft
Minnesota Enacts Wage Theft Provisions
July 1

Paid Sick Leave
Minneapolis, Minnesota, Paid Sick Leave Law Applies to Nonresident Employers
July 3

Nevada
Topic
Legal Development
Effective Date
Criminal History
Nevada Permits Sealing of Records for Decriminalized Offenses
July 1

Employee Classification
Nevada Establishes Independent Contractor Classification Criteria for Construction Workers
July 1

Medical Marijuana
Nevada Expands Qualifying Medical Conditions Under Medical Marijuana Law
July 1

Terms of Employment
Nevada Limits Use of Confidentiality Provisions in Settlement Agreements
July 1

New Jersey
Topic
Legal Development
Effective Date
Paid Family Leave
New Jersey Family and Medical Leave
New Jersey Family Leave Act Applies to Smaller Employers
June 30

Eliminates Waiting Period for Paid Family Leave Benefits
July 1

Medical Marijuana
New Jersey Amends Medical Marijuana Law
July 2

New Mexico
Topic
Legal Development
Effective Date
Discrimination
New Mexico Enacts Law Regulating Gender-Neutral Single-User Restrooms
July 1

New York
Topic
Legal Development
Effective Date
Salary History
Suffolk County, New York Bans Salary History Inquiries
June 30

Paid Sick Leave
Westchester County, New York, Requires Paid Sick Leave Notice
July 10

Ohio
Topic
Legal Development
Effective Date
Overtime; Workers' Compensation; Unemployment Insurance
Ohio Exempts Motor Carrier Workers From Overtime, Workers' Compensation and Unemployment Insurance
July 3

Oklahoma
Topic
Legal Development
Effective Date
Unemployment Insurance
Oklahoma Amends Unemployment Tax Law
July 1

Pennsylvania
Topic
Legal Development
Effective Date
Criminal History
Pennsylvania Limits Access to Certain Criminal Records and Gives Employers Immunity
June 28

Rhode Island
Topic
Legal Development
Effective Date
Service Animals
Rhode Island Amends Service Animals Law
July 8

South Dakota
Topic
Legal Development
Effective Date
Smoking in the Workplace
South Dakota Prohibits E-Cigarette Use in the Workplace
July 1

Vermont
Topic
Legal Development
Effective Date
Criminal History
Vermont Limits Employer Inquiries Regarding Sealed and Expunged Criminal Records
July 1

Virginia
Topic
Legal Development
Effective Date
Data Security Breach
Virginia Expands Definition of Personal Information Under Data Breach Notification Law
July 1

Employment Records
Virginia Amendments Relating to Employment Records Take Effect
July 1

Nondisclosure Agreements
Virginia Limits Use of Nondisclosure Agreements Regarding Sexual Assault
July 1

West Virginia
Topic
Legal Development
Effective Date
Medical Marijuana
West Virginia Issues Medical Marijuana Patient Identification Cards
July 1

Wyoming
Topic
Legal Development
Effective Date
Discrimination
Wyoming Increases Penalties for Equal Pay Violations
July 1

Garnishment of Wages
Wyoming Exempts Certain Disposable Earnings From Creditor Garnishment
July 1

---