Chicago, IL: New Amendments Expand Paid Sick Leave to More Employees

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July 1, 2020

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Illinois has had a statewide paid sick leave ordinance in place since July 1, 2017, which has since been amended multiple times.  The Chicago City Council recently approved Substitute Ordinance 2020-2343, which contains anti-retaliation provisions related to COVID-19 and also revises amendments previously enacted in December 2019.  The Substitute Ordinance broadens the applicability of Chicago’s paid sick leave provisions to more classes of employees, thereby expanding employer responsibilities.

Under the original ordinance and the December 2019 amendments, certain types of employees were not covered by the paid sick leave ordinance.  This includes:

  1. Outside salespeople;
  2. Members of a religious corporation or organization;
  3. Students attending or employed by an accredited Illinois college or university; and
  4. Motor carriers regulated by the U.S. Secretary of Transportation or the State of Illinois.

Substitute Ordinance 2020-2343 now covers these employees under the paid sick leave ordinance, meaning they must be provided applicable paid sick leave and given notice of their rights alongside the first paycheck subject to the paid sick leave ordinance.

Action Items

  1. Review the text of the ordinance here.
  2. Review paid sick leave set-up and personnel list for compliance with the amended regulations.
  3. Provide employees with the required notice.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

Kansas: Businesses Protected from Liability in Response to COVID-19 Claims

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Employers with KS Employees, as indicated

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August 7, 2020

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Kansas House Bill No. 2016 creates the COVID-19 Response and Reopening for Business Liability Protection Act, providing individuals or agents conducting business in Kansas with immunity from civil actions for COVID-19 claims under specified circumstances. The Act also provides immunity for specific businesses, such as healthcare providers and adult care facilities.  These provisions are generally intended to provide business owners with some protection from COVID-19 related claims when the businesses are acting on behalf of, or in compliance with, local statute and public health emergency directives.

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Maryland: Summer Employment Law Updates

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October 1, 2020, unless otherwise noted below

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Maryland’s summer legislative updates include important changes to employer responsibilities in the wage transparency and paid sick leave domains, as well as amended requirements for state-level WARN Act requirements.  A brief summary of these updates are listed below.

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New York: Paid Voting Leave Rules Changed Back

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April 3, 2020

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In April 2019, New York Election Law § 3-110 changed voting leave for employees to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. However, in the state’s yearly budget for 2020, the legislature reverted the leave back to the previous rules.

Specifically, only two hours of paid voting leave is now required if an employee, who is a registered voter, does not have a four hour window to vote before or after a shift. Employees who do not have sufficient time to vote are allowed to take as much time off to vote as needed, but only two hours of that time must be paid. Employers may still designate that voting leave be taken at the beginning or end of an employee’s shift.

Employees must notify employers of the need for voting leave at least two, but no more than 10, working days before election day. Employers must also post a notice of employee voting leave rights in a conspicuous location where it can be seen as employees arrive at or leave the workplace. The notice must be posted at least 10 days before an election until the close of the polls on election day.

Action Items

  1. Have employee handbooks and voting policies revised for compliance.
  2. Revise voting leave processes in accordance with the new rules.
  3. Update voting posters for consistency with the new rules.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

Rhode Island: Court Affirms When Employers May Conduct “Reasonable Grounds” Drug Testing

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All Employers with RI Employees

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May 29, 2020

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Rhode Island’s drug testing law allows employers to have employees undergo drug testing when the employer has “reasonable grounds” to believe that the employee may be under the influence of a controlled substance impairing their ability to perform their job.  In a recent case, the Rhode Island Supreme Court affirmed that the “reasonable grounds” standard can apply even where there is another possible explanation for an employee’s impaired behavior.

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Virginia: Pregnancy Accommodations, Pay Transparency, and Marijuana Decriminalization

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Varies; See Below

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July 1, 2020

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(888) 378-2456

In April of 2020, the Virginia legislature passed a number of bills affecting employee rights, such as LGBT anti-discrimination, wage theft prevention measures, and more.  In addition to these bills, there are further updates for Virginia employers to be aware of this summer.

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July Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. OSHA Publishes Guidelines on Face Coverings, Masks and Respirators in the Workplace
  2. Work Opportunity Tax Credit Can Be Used to Hire Underrepresented Workers
  3. NLRB Allows Prohibition of Cell Phones in the Workplace For Legitimate Business Reasons
  4. California: Remaining Provisions of State Sanctuary Law Stands
  5. California: Lighting Requirements for Outdoor Agriculture in Effect
  6. Long Beach, CA: City Issues Mandatory Worker Retention and Recall Orders
  7. Colorado: Hairstyle Discrimination Prohibited
  8. Illinois: New Amendments to School Activities Leave
  9. Indiana: Microchip Implantation Restriction
  10. Minneapolis, MN: Paid Sick Leave Approved by Court
  11. New Jersey: Mandatory Posting for Employee Misclassification Now Available
  12. Bernalillo County, NY: Wellness Act and PTO Provisions Extended to Oct 1, 2020
  13. Suffolk County, NY: Ban the Box Legislation Goes into Effect August 2020
  14. South Dakota: Discrimination Against Interns Prohibited
  15. Texas: Local Paid Sick Leave Ordinances Still in Limbo

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