State & Local Employment Law Developments: Q3 2022

The trend of increasing workplace regulations by state and local governments continued throughout the third quarter of 2022. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments related to issues such as minimum wage rates and COVID-19 are not included.)

California

In California, several significant bills have been signed into law over the last few weeks, including an extension to the Supplemental Paid Sick Leave law, which now expires on December 31, 2022, and not September 30, 2022. A more comprehensive California alert is forthcoming.

Pay Transparency Bill: On September 28, 2022, California Governor Gavin Newsom signed SB 1162 into law, which expands pay data reporting obligations, requires certain-sized employers to provide the pay scale for an open position in job postings and imposes new record-keeping requirements. This law will go into effect on January 1, 2023. Our more detailed overview is linked here.

San Francisco Paid Public Health Emergency Leave: San Francisco has enacted an ordinance which requires employers to provide paid leave in the event of qualifying situations related to public health emergencies effective October 1, 2022.

Off-Duty Use of Cannabis: On September 18, 2022, California’s governor signed a bill into law that prohibits employers from discriminating against employees for their off-duty use of cannabis, with exceptions for building and construction trades and jobs requiring certain federal government clearances. This law will go into effect on January 1, 2024.

Colorado

Anti-Discrimination: The Colorado Anti-Discrimination Act was amended, effective August 9, 2022, to include domestic workers as employees, to extend the statute of limitations to 300 days, and to provide equal remedies for age discrimination.

Connecticut

Family and Medical Leave: Connecticut’s final amended regulations to the Connecticut Family and Medical Leave Act took effect August 3, 2022. The changes include covering employers with one or more employee, permitting eligible employees to take up to 12 weeks of leave over 12 months, and expanding which family members are eligible for caretaking leave. The state has released a model notice that employers can use to provide the required notice to employees of their rights under the Act.

Delaware

Age Discrimination: Effective September 8, 2022, Delaware employers are prohibited from asking a prospective employee’s age or details that would indicate age, with limited exceptions.

District of Columbia

Universal Paid Leave: Amendments to Washington, D.C.’s Universal Paid Leave take effect on October 1, 2022, increasing the maximum number of weeks of paid leave and eliminating the one-week waiting period.

Maine

Nondisclosure Agreements: Maine has restricted nondisclosure agreements, effective August 8, 2022. Employers generally may not require their employees to enter into agreements that limit their rights to discuss or report unlawful employment discrimination.

Maryland

Reasonable Accommodation: Effective October 1, 2022 Maryland’s reasonable accommodations law expands to require that employers provide reasonable accommodations to job applicants with known disabilities.

Sexual Harassment: Maryland has also expanded the definition of sexual harassment, effective October 1, 2022.

New York

New York City Private Employer Vaccine Mandate: New York City will end its private employer vaccine mandate on November 1, 2022, as announced on September 20, 2022.

Washington

Seattle Independent Contractor Protections: Seattle’s Independent Contractor Protections Ordinance took effect on September 1, 2022. The Ordinance requires that covered independent contractors be provided with timely payment and a written pre-contract disclosure, payment disclosure with each compensation, and notice of rights under the ordinance.