May Updates

IMPORTANT! California: Statewide Minimum Wage Increase January 1st

On January 1, 2023, the minimum wage in California will increase to $15.50 for all employers, regardless of size. Specifically, a 2016 minimum wage bill allows for increases following the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Employers should prepare to make wage increases at the beginning of the year. Note that the minimum wage increase will also increase the required salary threshold for overtime exempt employees in California, which is set at two times the state minimum wage.

 

REMINDER! California: Next CalSavers Deadline Approaching June 30th

All employers with 5 or more employees must register with CalSavers by June 30, 2022, regardless of whether they offer retirement programs (e.g., 401(k) plan). Employers who do offer retirement programs may register as exempt. Employers with 50 or more employees should have already been registered by June 30, 2021. Employers should visit www.calsavers.com for more information.

Colorado: Public Health Emergency Leave Continues Through Summer

On April 16, 2022, the federal declaration of emergency due to COVID-19 was extended 90 days. The extension directly impacts state public health emergency leave (PHE), requiring employers to offer leave for the duration of the declaration of emergency. Note that there are no new requirements to PHE leave; if employees already used their supplemental PHE leave, there is no new leave requirement.

 

District of Columbia: Ban on Non-Compete Agreements Delayed to October 1, 2022

After a flood of employer concerns surrounding conflicts of interest and protections of confidential information, Washington, D.C. decided to delay implementation of their non-compete ban to October 1, 2022. The law was originally intended to go into effect on April 1, 2022. A proposed amendment has been introduced that will hopefully clarify what employers may or may not do when it comes to prohibiting employee conflicts of interest and the protection of employer confidential information both during and after an employee’s tenure. Continue to look for updates on this developing topic.

 

Massachusetts: Supreme Court Expands Employer Liabilities for Lay Payment of Wages

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Court put employers on notice when it expanded their potential liabilities for late payment of employee wages. The ruling stated that any time an employee’s final payment of wages is late, that employee may recover treble damages (three times the actual damages) plus attorneys’ fees. State law requires employers to pay employees their final wages on the date of termination. Employees who resign must be paid by the next business day.

 

Massachusetts: State Law Remedies are not Available for FLSA Violations

On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Massachusetts Supreme Court stated that employees who sue employers for violations under the federal Fair Labor Standards Act cannot recover remedies available under Massachusetts Wage Act. Despite many similarities between the two laws, the Court determined the only way to avoid conflict between the laws is to only allow the remedies available under the law allegedly violated.

 

Bernalillo County, NM: Earned Paid Time Off Increases July 1^st

Bernalillo County’s Employee Wellness Act requires employers to provide eligible employees with earned paid time off, which may be used for any reason. According to the County ordinance, beginning July 1, 2022, employees working for employers with 35 or more employees may accrue and use up to 56 hours in a year (up from 44 hours in 2021). Employers should update policies and procedures accordingly.

 

New York: Mandatory Electronic Monitoring Notice

As of May 7, 2022, S.2628 requires employers with a place of business in New York who “monitor or otherwise intercept” employees’ telephone calls, e-mail, or internet access or usage to provide notice of electronic monitoring to new hires and post a notice in a conspicuous location at the worksite. Note that the New York Attorney General has not yet issued any model notice or template poster.

 

New York: Increased Minimum Wage for Home Care Workers

New York included a minimum wage increase in its 2023 state budget, raising the hourly minimum wage of home care workers by $2.00 per hour, effective October 1, 2022. On October 1, 2023, the minimum wage will increase an additional dollar. Further guidance is expected on how the budget will reimburse home care providers and managed care plans for the minimum wage increase.

 

Tennessee: Veterans Now Have Veterans’ Day Off

As of April 20, 2022, HB 2733 requires employers to allow Tennessee employees who are veterans of the U.S. armed forces, or a former or current member of a reserve or Tennessee national guard unit called to active service, to take Veterans Day off as an unpaid holiday if the employee provides advance notice and proof of veteran status, subject to limited exception.

 

Utah: Changes to Employer E-Verify Requirements

As of May 4, 2022, HB 252 requires employers with 150 or more employees to register with and use an employment status verification system to verify the federal legal work status of new Utah employees. The law was increased from employers with 15 or more employees.

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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. © 2022 ManagEase