2022 Employment Law Updates by State

California is changing the retention period and limitation period for records under FEHA: Effective January 1, 2022, California employers must retain applications and certain employment records for four years — up from two years — under the Fair Employment and Housing Act (FEHA). When a person files a complaint with the Ministry of Fair Employment and Housing (DFEH), the statute of limitations for civil suits for unlawful discrimination, harassment or retaliation is extended until DFEH takes legal action or one year after DFEH has issued a notice that it has completed the investigation. Extends the definition of employment in occupational safety law to include services provided in the service of a state or a political subdivision of a state. Equal Pay: Mississippi`s Equal Pay Act, which prohibits wage discrimination based on sex, goes into effect on July 1, 2022. Amends the city`s Anti-Discrimination Ordinance to prohibit discrimination in the workplace based on gender identity and expression, sex, breastfeeding status, military status and marital status; provides that employers with four or more employees are covered by the law. Disclosure of Salary Payment: As of June 9, 2022, employers will be required to provide certain written information when paying employees by credit card. Employee Leave and Career Improvement Program effective April 1, 2022 Revised with a new minimum wage of $9.30/hour effective January 1, 2022. Requires employers to raise less than $342,000 to pay the current federal minimum wage. In addition, a new minimum wage rate ($4.65/hour) has been added for “tips” that receive more than $30/month in tips.

*The 2022 poster is now shipped. Discrimination in the workplace from 1. September 2022 Recreational Marijuana Act Employment Provisions: The employment provisions of Connecticut`s Recreational Marijuana Act will go into effect on July 1, 2022. These provisions relate to an employer`s right to prohibit the possession or use of marijuana by employees, to consider the possession or use of marijuana by employees, to take adverse action against an employee for the use of marijuana, and to conduct marijuana testing. The law establishes the right of employees/potential employees to bring a civil action in a state court within 90 days of the violation. Since 1. As of January 2022, workers covered by the British Columbia and Canada Employment Standards Act can take up to five days of paid sick leave per year due to illness or injury.4 These five days of paid sick leave are in addition to the three days per year of unpaid sick leave already required under the Employment Standards Act. Sick leave required in New Mexico: The New Mexico Healthy Workplaces Act (the Act) comes into force on July 1, 2022 and requires private employers to provide employees with one hour of paid sick leave per 30 hours of work. Employees can carry over earned and accumulated sick days from year to year, but use no more than 64 hours over a 12-month period, which employers may prefer. The law determines the possible reasons for sick leave, notification obligations and sanctions in case of violation.

Restrictions on non-disclosure/non-disclosure agreements: As of June 9, 2022, employers will not be allowed to include secrecy and secrecy provisions for unlawful acts of discrimination, harassment, sexual assault, retaliation, and wage and hourly violations. Workers` gun rights: An amendment to Georgia`s Firearms Law went into effect on April 12, 2022, prohibiting employers from making employment conditional on a potential employee`s agreement not to enter the parking lot and from accessing a legally owned firearm stored in the employee`s vehicle. The State Wage Payment Act requires employers to provide certain notifications of payroll deductions to dismissed employees. The amended law also toughens penalties for wage theft. Employers can remove children from debtors` health insurance coverage. This applies if the employer does not offer group health insurance or if the child is not eligible due to state or federal restrictions. Amends the workers` compensation provisions, including the information that must be submitted with the Notice of Choice to be exempted from workers` compensation coverage, and modifies the circumstances that result in the immediate reintroduction of stop-work orders. Abolition of the minimum wage: from 1 July 2022, a minimum wage will no longer be allowed for employees with reduced capacity. Prohibited conduct under the Cannabis for Medical Purposes Act: Effective July 1, 2022, amendments related to the medical use of cannabis require an employer not to do so: New minimum wages for 2022-2023, as well as information on exemptions from the Minimum Wage Act and a new administrator has been added. Revised to remove text stating that farm workers are exempt from overtime, and added links to more information about food and rest breaks and the Washington Family Care Act.

Also includes a new revision date. *The 2022 poster is now shipped. Amends the State`s provisions on optional leave to allow workers to take up to two hours of unpaid leave in certain special elections. Revised with a new minimum wage of $10.00 per hour effective September 30, 2021. In addition, a minimum wage of at least $6.98 per hour (in addition to tips) for employees who tip until September 29, 2022. Also includes notices of minimum wage increases until September 2026. *The 2022 poster is shipped now. Carpooling protection: from the 9th century. In June 2022, ride-sharing drivers will be classified as independent contractors in most situations, but will be eligible for minimum compensation, paid sick leave, employee coverage, and a dispute appeal process.

In 2020, the Colorado General Assembly passed the Healthy Families and Workplaces Act (“HFWA”). For large employers, the HFWA came into effect in January 2021.

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