Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliance challenges. For the past several years, we have reported on employment and labor laws taking effect mid-year. The trend is increasing, with states and cities passing a multitude of new workplace regulations throughout the calendar year.
This year, COVID-19 remains a significant employment law and regulatory concern. But state legislatures have continued their typical businesses apace, and even are taking on a new wave of labor and employment law priorities. Popular topics for further regulation this year include the contingent workforce and gig economy, leave protections and entitlements, and new workplace safety and privacy protections. Another popular topic in 2022 is wage transparency, with three New York localities enacting laws taking effect soon requiring disclosure of pay ranges for job advertisements and allowing for a private right of action for violations.
Washington state leads the pack as the most active jurisdiction in enacting over a dozen new state-wide and local laws and regulations that take effect in early summer. Virginia and Colorado take second place, each enacting at least eight new laws that take effect July-August 2022.
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. In addition, this report does not discuss changes to the minimum wage and related wage and hour legislation. See U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases Will Heat Up This Summer (And Possibly Other Seasons) 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.
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Law |
Main Topic |
Summary |
Effective Date |
|
Background Checks: Criminal |
Requires certain care providers to query the established abuse registry for the purposes of background checks. |
6/1/2022 |
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Contingent Workforce: Independent Contractors |
Establishes that marketplace contractors are not considered employees for the purpose of the state’s wage and hour laws, unemployment insurance laws, and workers’ compensation laws. |
7/1/2022 |
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Protected Time Off: FMLA |
Requires employers to provide 12 weeks of family leave to employees who adopt children; requires employers that provide maternity benefits to offer equivalent benefits to adoptive parents. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Privacy: Data Security Breach Notification |
Requires businesses to report data security breaches to the director of the Arizona Department of Homeland Security. |
7/23/2022 |
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Discrimination & Harassment |
Expands the definition of “employer” for purpose of the prohibition on sexual harassment to include those that discriminate against anyone opposing sexual harassment. |
7/28/2022 |
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Employee Benefits |
Provides circumstances under which an employee can recover calculated damages from a labor benefits organization. |
7/23/2022 |
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Home Health Services: Workplace Violence |
Requires certain health care employers to establish a written workplace violence prevention plan. |
7/23/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Hospitality |
Requires an alcohol server to successfully complete a Responsible Beverage Service Training course offered or authorized by the Department of Alcoholic Beverage Control by August 31, 2022. |
7/1/2022 |
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COVID-19 |
Creates a permanent public health emergency leave (PHEL) ordinance. |
10/1/2022 |
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Wage Payment: Minimum Wage & Living Wage Ordinances; Paid Leave |
Clarifies calculation of employer size; enhances provisions related to obtaining a waiver from coverage; removes provision on cash-out of accrued paid time off. |
6/15/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Background Checks: Criminal |
Prohibits an employer from requiring an applicant to disclose information related to juvenile court records. |
8/9/2022 |
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|
Workers’ Compensation |
Changes the requirement to notify an employer about an injury from a four-day notice period to a 10-day notice period; provides requirements for posting a notice in the workplace. |
8/9/2022 |
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Wage Payment: Deductions from Paychecks |
Aments the state’s wage payment law to require employers to provide specified notices to terminated employees regarding payroll deductions. The amended law also enhances the penalties for wage theft. |
8/9/2022 |
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Whistleblower Protection |
Creates the Colorado False Claims Act; prohibits retaliation against an employee for providing information in connection with actions brought against an employer. |
8/9/2022 |
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Non-Compete |
Renders most non-compete agreements void unless the agreement is with “highly compensated” workers, for the protection of trade secrets, and no broader than is reasonably necessary to protect the employer’s legitimate interest in protecting trade secrets. |
8/9/2022 |
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|
Workers’ Compensation |
Amends the Workers’ Compensation Act to provide for advance payment for mileage expenses, increases the benefit payable for funeral and burial expenses, and requires the reporting of necessary medical treatments for injuries lasting longer than 180 calendar days. |
8/9/2022 |
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Personnel Files |
Prohibits an insurer from releasing mental health records to an employer; requires self-insured employers to keep mental health records separate from personnel files and limits disclosure. |
6/9/2022 |
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Civil Procedure: Discrimination & Harassment |
Extends time to file a charge with the Colorado Civil Rights Commission from six months to 300 days after the alleged discriminatory conduct occurred; provides for compensatory and punitive damages for age discrimination claims. |
8/9/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Benefits: Reproductive Health |
Provides protections for persons receiving and providing reproductive health care services. |
7/1/2022 |
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Protected Time Off: Voting |
Amends the state’s voting leave provisions to permit employees to use up to two hours of unpaid leave in specified special elections. |
7/1/2022 |
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Protected Time Off: Domestic Violence |
Requires an employer with three or more employees to post information concerning domestic violence and available resources; prohibits discrimination against a victim of family violence; requires an employer to provide for reasonable accommodation to victims of family violence. |
10/1/2022 |
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Labor Relations: Captive Audience |
Prohibits an employer from coercing any employee into attending or participating in a meeting sponsored by the employer concerning the employer's views on political or religious matters. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Non-Compete |
Temporary Measure. Changes the applicability date of the Ban on Non-Compete Agreements Act of 2020 to October 1, 2022. *Transmitted to Congress 5/17/2022; Projected effective date 7/20/2022 |
Effective following approval by the mayor, a 30-day period of Congressional review, and publication in the DC Register* |
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Protected Time Off: FMLA Paid |
Emergency measure. Amends Universal Paid Leave Amendment Act of 2016 to remove one-week waiting period following the filing of a claim. |
6/13/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
IE&D Training |
Prohibits employers from requiring any training or instruction that promotes specified concepts constituting discrimination based on race, color, sex, or national origin. |
7/1/2022 |
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Workers’ Compensation |
Amends workers’ compensation provisions including information that must be submitted with the notice of election to be exempt from workers’ compensation coverage and revising circumstances that result in immediate reinstatement of stop-work orders. |
7/1/2022 |
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|
Contingent Workforce: Independent Contractors |
Amends the evidentiary standards for civil actions against a business during a public health emergency. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Contingent Workforce: Independent Contractors |
Establishes the test for determining independent contractor status for purposes of state unemployment benefits; excludes network companies from coverage. |
7/1/2022 |
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|
COVID-19 |
Prohibits state and local governments from mandating COVID-19 vaccine passports. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
COVID-19 |
Authorizes an employer to take any measures or impose any requirements intended to prevent contraction or transmission of COVID-19. |
6/1/2022 |
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Discrimination & Harassment |
Requires an employer to implement a written anti-harassment policy and provide annual sexual harassment prevention training to employees. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Indiana Final Rule re Healthcare COVID-19 Required Records and Reporting Bulletin #22-01 |
COVID-19, Home Healthcare |
Incorporates by reference federal OSHA rules for COVID-19 log for health care employers and reporting provisions. |
8/14/2022 |
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Privacy: Data Security Breach Notification |
Requires disclosure of a data breach within 45 days after discovery of the breach. |
7/1/2022 |
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|
Home Health Services |
Requires registered home health aides to complete certain dementia training under certain circumstances. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Home Health Services |
Requires healthcare employment agencies to register and meet certain hiring and recordkeeping requirements; prohibits non-compete clauses in certain employment contracts. |
7/1/2022 |
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Unemployment |
Permits employers to obtain relief for overpayment of unemployment benefits if it is determined that an employer’s failure to respond timely was through no fault of the employer. |
7/1/2022 |
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Workers’ Compensation |
Requires an employer to provide an employee with a replacement permanent prosthetic device that is medically necessary as a result of a compensable injury. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Unemployment |
Expands the definition of employment in employment security law to include services performed in the employ of any state or political subdivision of a state. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Hospitality |
Lowers the age for serving alcohol to 18 years old and prohibits those under 20 from bartending. |
7/14/2022 |
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Contingent Workforce |
Provides definitions and expands protections for individuals under a professional employer organization. |
7/14/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Labor Relations: Whistleblower Protection |
Repeals a provision of the Whistleblowers' Protection Act that was a bar to enforcement of the act with respect to claims in which a collective bargaining agreement is in place. |
8/8/2022 |
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Protected Time Off: PTO General |
Requires employers with 11 or more employees to pay all accrued vacation pay at the time of separation. |
8/8/2022 |
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Hairstyle Discrimination |
Prohibits discrimination in employment based on hair texture or hairstyle. |
8/8/2022 |
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Nondisclosure Agreements |
Prohibits an employer from requiring an employee, intern, or applicant for employment to enter into a contract or agreement that waives or limits any right to report or discuss discrimination, retaliation, or harassment occurring in the workplace or at work-related events. |
8/8/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Disability Accommodation |
Prohibits an employer from failing or refusing to make accommodations for a known disability of an applicant for employment. |
10/1/2022 |
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|
Privacy: Data Security Breach Notification |
Expands the definition of “personal information” to include genetic information; requires businesses to provide notification of a breach within 10 days. |
10/1/2022 |
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Discrimination & Harassment |
Amends the definition of "harassment" to include sexual harassment and certain unwelcome and offensive conduct. |
10/1/2022 |
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Discrimination: Civil Procedure |
Tolls the period of time during which a complainant may file a civil action that alleges an unlawful employment practice while an administrative charge is pending. |
10/1/2022 |
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Contingent Workforce: Independent Contractors |
Requires certain residential service agencies to report annually to the Maryland Department of Health regarding hourly pay rate and independent contractor status. |
10/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Equal Pay |
Prohibits an employer from wage discrimination based on sex. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Child Labor |
Amends definitions and provisions relating to child labor, employment certificates, and approval requirements for short-time compensation plans. |
7/19/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Paid Sick Leave |
Entitles employees to earn one hour of paid sick leave for every 30 hours worked. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Wage Transparency |
Makes it an unlawful discriminatory practice for an employer to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum hourly or salary compensation for the position in the advertisement. |
9/1/2022 |
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|
Wage Transparency |
Amends the city wage transparency provisions to clarify the positions for which a pay range must be provided; establishes a private right of action for employees; extends the effective date to 11/1/22. |
11/1/2022 |
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|
Wage Transparency |
Makes it an unlawful employment practice for an employer to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum salary for the position in the advertisement. |
11/6/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Discrimination: Protected Classifications |
Creates the Non-Discrimination Ordinance of Durham County and prohibits employment discrimination on the basis of a protected class. |
7/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Overtime: Exemptions |
Incorporates portions of the federal Portal to Portal Act and clarifies circumstances under which employers are not required to pay overtime for certain activities. |
7/6/2022 |
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|
Discrimination: Protected Classifications |
Amends the city's antidiscrimination ordinance to prohibit employment discrimination on the basis of gender identity and expression, sex, breastfeeding status, military status, and familial status; provides that employers of four or more employees are covered under the law. |
6/7/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Joint Employment |
Amends the Employment Security Act to provide that a professional employer organization and its client are considered co-employers of employees. |
11/1/2022 |
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Wage Payment: Authorized Forms of Payment |
Provides that employers may pay all wages by deposit to a financial institution, or to a payroll card if the employee does not designate a financial institution. |
11/1/2022 |
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|
Law |
Main Topic |
Summary |
Effective Date |
|
Oregon Final Rule re Employee Exposure to High Ambient Temperatures (OAR 437-002-0156) |
Wage & Hour: Meal & Rest |
Requires employers to protect workers from the dangers of high heat, including expanded access to shade and cool water, cool-down breaks, training, etc. |
6/15/2022 |
|
Oregon Final Rule re Employee Exposure to Wildfire Smoke (OAR 437-002-1080) |
Workplace Safety |
Requires an employer to implement wildfire smoke training for employees who may be exposed to dangerous air quality index (AQI) levels and notify employees when AQI at the worksite exceeds a specified level. |
7/1/2022 |
|
Law |
Main Topic |
Summary |
Effective Date |
|
Pennsylvania Final Rule re Tipped Employees and Regular Rate (34 Pa. Code. Chapter 231) |
Wage & Hour |
Clarifies when an employer may apply the tip credit and when tip pooling is permitted; clarifies how to calculate the base hourly rate for salaried employees for purposes of paying overtime. |
8/5/2022 |
|
Law |
Main Topic |
Summary |
Effective Date |
|
Workers’ Compensation: Drug Testing |
Provides that an employee is not entitled to receive workers’ compensation reimbursement for costs associated with medical cannabis. |
7/1/2022 |
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Accommodation: Drug Testing |
Provides that an employer is not required to accommodate the use of medical cannabis in the workplace. |
7/1/2022 |
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Law |
Main Topic |
Summary |
Effective Date |
|
Hairstyle Discrimination |
Provides that race includes characteristics associated with race, including hair texture and protective hairstyles such as braids, locks, and twists. |
7/1/2022 |
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Subminimum Wage Exception |
Removes the subminimum wage exception for employees whose earning or productive capacity is impaired by age, physical, or mental deficiency or injury. |
7/1/2022 |
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COVID-19 |
Extends the date of certain liability protections related to COVID-19 from 7/1/22 to 7/1/23. |
6/1/2022 |
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Discrimination: Civil Procedure |
Increases the amount of time to file a discrimination complaint with the Tennessee Human Rights Commission from 180 days to 185 days. |
6/1/2022 |
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Law |
Main Topic |
Summary |
Effective Date |
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Discrimination: Protected Classifications |
Prohibits an employer of 15 or more employees from discriminating against any person on the basis of race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. |
7/20/2022 |
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Law |
Main Topic |
Summary |
Effective Date |
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Discrimination: Civil Procedure |
Provides that employment discrimination and discrimination in public accommodations actions must be commenced within six years of the cause of action. |
6/1/2022 |
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Law |
Main Topic |
Summary |
Effective Date |
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Discrimination: Protected Classifications |
Creates a definition for “religion” for purposes of prohibiting employment discrimination based on religion. |
7/1/2022 |
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Family Leave Insurance |
Establishes family leave insurance as a class of insurance. |
7/1/2022 |
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Wage Payment: Overtime |
Repeals provisions of the Virginia Overtime Wage Act. |
7/1/2022 |
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Workplace Posters |
Requires employers to physically post in-color informational posters regarding seizure first aid, at least 8.5 inches by 11 inches in size, in a prominent location in the workplace. |
7/1/2022 |
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Workers’ Compensation: Accommodation |
Requires employers to furnish a scooter to employees after specified workplace accidents if the nature of the injury requires it. |
7/1/2022 |
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Wage & Hour: Garnishments |
Clarifies that an employer may charge a fee of up to a maximum of $5.00 for each reply or remittance on account of a child support obligor and withheld from the obligor's income in addition to the support amount to be withheld pursuant to an income withholding order. |
7/1/2022 |
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COVID-19 |
Extends to 12/31/22 the presumption that a death or disability due to COVID-19 is an occupational disease or disability. |
7/1/2022 |
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Family Leave Insurance |
Establishes family leave insurance as a class of insurance. |
7/1/2022 |
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Law |
Main Topic |
Summary |
Effective Date |
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Washington Emergency Rule re Employee Protections from Wildfire Smoke (WAC 296-62-085) |
Workplace Safety: Wildfire Hazards |
Requires employers to provide increased protection for employees exposed to the hazards associated with wildfire smoke, including training and monitoring. *expires 9/29/2022 |
6/15/2022 |
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Washington Emergency Rule re Heat Exposure for Outdoor Workers (WAC 292-62-09520 et seq.) |
Workplace Safety: Heat Exposure |
Requires employers to protect outdoor workers from the dangers of high heat, including access expanded access to shade and rest breaks. *expires 9/29/2022 |
6/15/2022 |
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Washington Final Rule re Paid Family & Medical Leave Waiting Period (WAC 192-500-185) |
Protected Time Off: FMLA Paid |
Provides that the waiting period does not reduce the maximum duration of an employee’s available paid family or medical leave and that the waiting period does not apply to medical leave taken upon the birth of a child. |
6/9/2022 |
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Washington Final Rule re Unemployment and Public Health Emergencies (WAC 192-110-015 et seq.) |
COVID-19, Unemployment |
Provides relief for late filing and payment penalties due to a public health emergency; amends requirements for a shared work program. |
7/3/2022 |
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Benefits: Health Insurance |
Establishes voluntary exemptions to the Long Term Services and Supports Trust Program for specified categories of employees; provides that an employer cannot deduct premiums for an employee who provides notice of an approved exemption. |
6/9/2022 |
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Wage & Hour: Fee Reimbursement |
Requires employers to reimburse an employee for fees charged when a paycheck is not honored due to nonacceptance or nonpayment. |
6/9/2022 |
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Non-Disclosure Agreements |
Prohibits non-disclosure and non-disparagement provisions in employer agreements regarding illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault. |
6/9/2022 |
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Gig Economy; Benefits |
Requires transportation network employers to provide paid sick leave and offer paid family medical leave to employees; sets guidelines for workers' compensation coverage. |
6/9/2022 |
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Privacy: Privacy General |
Prohibits employers from obtaining individually identifiable information regarding participation in an employee assistance program; prohibits discrimination on the basis of participation or nonparticipation in an employee assistance program. |
6/9/2022 |
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Protected Time Off: Bereavement Leave |
Permits an employee to use paid family and medical leave due to the postnatal death or stillbirth of an employee’s child. |
6/9/2022 |
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Contingent Workforce: Independent Contractors |
Establishes labor standards requirements for independent contractors; requires hiring entities to provide notice of the terms and conditions of the contract and specified wage information with each wage payment. |
9/1/2022 |
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COVID-19 |
Terminates the grocery worker hazard pay requirement on 6/30/22. |
6/30/2022 |
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Washington Final Rule re Leave and COVID-19 or Public Health Emergencies (WAC 357-31) |
Protected Time Off: COVID-19 |
Expands leave options for high-risk employees seeking an accommodation during a public health emergency, such as COVID-19; expands leave with pay options to include COVID-19 booster vaccines. |
7/1/2022 |
|
Law |
Main Topic |
Summary |
Effective Date |
|
Unemployment |
Creates a procedure for an employer to contact Workforce West Virginia to report an employee who refused rehire. |
7/1/2022 |
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Wage Payment: Debit Cards |
Requires employers to provide written disclosures related to payroll cards. |
6/9/2022 |
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Unemployment |
Requires an employer to provide each employee’s job title and the county in which the majority of the employee’s job duties are performed on the quarterly reports submitted to WorkForce West Virginia. |
6/10/2022 |
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