In Ward v. United Airlines, Inc., the Ninth Circuit Court of Appeal stated that wage statement requirements under Labor Code § 226 are not preempted by federal law. There, airline pilot and flight attendant employees claimed they did not receive wage statements that complied with California law.

On February 4, 2021, Arizona Governor Ducey signed House Bill 2045 into law, amending the Arizona Civil Rights Act definition of the phrase “on the basis of sex” to protect workers from pregnancy or childbirth-related discrimination.  This Civil Rights Act applies to employers of fifteen or more employees.

Like other pregnancy anti-discrimination provisions, the amended Civil Rights Act prohibits employers from discriminating against employees affected by pregnancy, childbirth, or related medical conditions.  Such employees must be treated the same way as non-pregnant employees with similar limitations in their ability to work.

This amendment brings the Arizona Civil Rights Act in alignment with the federal Pregnancy Discrimination Act.  It also grants the Arizona Civil Rights Division the authority to investigate pregnancy discrimination charges filed by employees.

Action Items

On February 23, 2021, the Colorado Department of Labor and Employment (CDLE) clarified employers’ public health emergency leave (“PHEL”) obligations under the Healthy Families and Workplaces Act (HFWA).

First, employers must provide employees access to up to 80 hours of PHEL for full-time employees, and an equivalent amount to part-time employees based on the number of hours part-time employees work in a 14-day period. The rules clarified that part-time employees receive PHEL in “the greater of the number of hours the employee (a) is scheduled for work or paid leave in the 14-day period after the leave request, or (b) actually worked in the 14-day period prior to the declaration of the public health emergency or the leave request, whichever is later.”

Additionally, there was some question about whether newly hired employees would be entitled to PHEL. Because PHEL eligibility is tied to when an employee requests leave, all employees are entitled to PHEL regardless of their date of hire. Employers should review these changes immediately as they do not change existing rules, but merely clarify current requirements.

Action Items

In 2016, the City of Philadelphia passed the “Fair Practices Ordinance,” prohibiting employers from discriminating against applicants and employees on the basis of credit history and credit-related information.  On January 20, 2021, an amendment to this ordinance was enacted, decreasing certain employer and job-specific exemptions.

The ordinance prohibits employers from inquiring into, obtaining, or otherwise using credit-related information to take adverse employment actions, such as hiring, firing, promoting, or disciplining an employee or applicant.  Specific exemptions to this provision applied, but under the latest amendments effective February 20, 2021, law enforcement agencies and financial institutions (inclusive of insurance companies, banks, credit unions, etc.) are no longer exempt.

If employers intend to rely on any exceptions, the employer must first (1) disclose reliance upon credit history to the applicant or employee in writing, and provide the specific information the employer references; and (2) give the applicant or employee an opportunity to explain the circumstances surrounding the information prior to taking any adverse action.

Action Items

The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin that provides guidance for when employers may electronically post or deliver certain required notices to employees under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), Section 14(c) of the FLSA (Section 14(c)), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA).