State & Local Employment Law Developments: Q1 2024

At a Glance

• State and local governments continue to increase workplace regulations. Although it is not feasible to discuss all laws, this update provides an overview of significant recent and upcoming legislative and regulatory developments to help you and your organization stay in compliance with local and state employment laws.

California

COVID-19 Definitions and Procedures: On January 9, 2024, the California Department of Health (CDPH) revised several COVID-19 definitions and testing requirements. The state has revised testing rules for close contacts and reduced the isolation period for positive COVID-19 cases.  For more information, visit the CDPH website.

Minimum Wage for Fast Food Restaurant Workers: Effective April 1, 2024, the minimum wage for fast food restaurant workers at national fast food chains in California increased to $20 per hour. For more information, visit our previous update about new California laws for 2024.

Los Angeles County

Fair Chance Ordinance: On February 6, 2024, Los Angeles County Board of Supervisors introduced the Fair Chance Ordinance for Employers, which will expand on California’s “Ban the Box” law (The Fair Chance Act) by providing additional protections to individuals with a criminal history applying for jobs in Los Angeles County. The Ordinance will apply to private employers with five or more employees performing at least two hours of work each week within the unincorporated areas of the county and will go into effect 30 days after adoption by the Board of Supervisors, in September 2024.

Berkeley

Fair Workweek Ordinance: Effective January 12, 2024, the Berkeley Fair Workweek Ordinance provides the following entitlements to employees who are not subject to a collective bargaining agreement:

• Rest between shifts with premium pay for shifts worked — with employee agreement — less than 11 hours after the previous shift
• 14 days’ advanced notice of their work schedules
• Predictability pay for schedule changes with less than 14 days’ notice
• Offers of additional work before the employer hires additional employees
• The right to request flexible working arrangements

Employers must provide notice of these rights.

Colorado

Wage Theft Restitution: Effective April 1, 2024, the Colorado Division of Labor Standards may directly reimburse employees from the Wage Theft Enforcement Fund six months after a determination that the employer failed to pay or underpaid wages to the employee. Once the employee is reimbursed from the Fund, they cannot recover from the employer.

Paid Sick Leave: Effective April 1, 2024, Colorado’s Healthy Families and Workplaces Act includes additional employer options for calculating pay rates and leave hours.

Delaware

Paid Family and Medical Leave: Effective March 11, 2024, rules regarding the Healthy Delaware Families Act are amended to clarify the requirements regarding employee eligibility, benefits, and employee and employer notice.

Illinois

Access to Personnel Records: Beginning January 1, 2024, employers are required to email or mail a copy of an employee’s personnel records to the employee if that employee submits a written request. Employers are still permitted to charge for copying costs.

Michigan

Right-to-Work Laws Repealed: Effective February 13, 2024, Michigan’s Right-to-Work laws are repealed. State law now permits unionized workforces to require that all employees pay union dues and fees.

Discrimination Based on Termination of Pregnancy: Effective March 28, 2024, Michigan’s Elliot-Larsen Civil Rights Act (ELCRA) is amended to prohibit discrimination based on termination of pregnancy.

Minnesota

Duluth

Repeal of Duluth Earned Sick and Safe Time: On January 18, 2024, Duluth repealed its earned sick and safe time ordinance because the statewide earned sick and safe time (ESST) took effect January 1, 2024.

St. Paul

Paid Sick and Safe Time Rules: Beginning on January 8, 2024, St. Paul amended its Earned Sick and Safe Time (ESST) Ordinance to align with the statewide ESST law.

Human Rights Ordinance: On January 17, 2024, St. Paul amended its Human Rights Ordinance to include language that clarifies the definition of substance abuse and adds more inclusive language regarding gender and disability.

Missouri

Kansas City

Human Relations Ordinance: Effective February 11, 2024, Kansas City, Missouri amended its anti-discrimination ordinance to require employees with six or more employees to provide reasonable accommodations to employees with known restrictions related to pregnancy, childbirth or related medical conditions. 

New York

Limitations for Discrimination Claims: Effective February 15, 2024, the statute of limitations for New Yorkers to file a complaint of unlawful discrimination with the New York State Division of Human Rights is extended from one year to three years. Prior to the enactment of this law, the New York State Human Rights Law allowed charges to be filed within one year of the date of the alleged incidents. Now, all unlawful discrimination claims for incidents occurring on or after February 15, 2024, can be filed within three years of the alleged discrimination. Incidents occurring on or before February 14, 2024, would still require a claim to be filed within one year of the incident, or three years for sexual harassment in employment.

Social Media Privacy: Effective March 12, 2024, employers are prohibited from requesting or requiring that employees or applicants disclose means for accessing the individual’s electronic personal account. A “personal account” includes social media, blogs, podcasts, instant messages or other profiles that an applicant uses exclusively for personal purposes. The law includes nonretaliation protections and several exceptions for employers’ access to/use of personal electronic account information. There are some exceptions if the personal accounts are used to conduct business on behalf of the employer, as long as the employee was warned that such use could open up access to the accounts by the employer.

Exempt Employee Salary Threshold Increase: Effective January 1, 2024, the minimum salary for exempt employees in New York City and surrounding counties went up to $1,200 per week, or $62,400 per year. The salary minimum went up to $1,124.20 ($58,458.40 per year) for the rest of the state. Effective March 13, 2024, the weekly salary threshold that removes executive, administrative and professional employees from certain statutory protections, including pay frequency requirements, increases from $900 to $1,300.

New York City

Private Right of Action for Sick Leave: Effective March 20, 2024, New York City law provides a private right of action for violations of the Earned Sick and Safe Time Act (ESSTA).

Ohio

Columbus

Salary History Ban: Effective March 1, 2024, Columbus, Ohio employers with 15 or more employees are prohibited from:

• Refusing to hire an applicant for not disclosing salary history
• Screening job applicants based on current or prior pay or benefits
• Inquiring into the salary history of job applicants
• Relying solely on an applicant’s salary history to decide whether to offer employment or determine the salary/benefits to offer

Oregon

Paid Leave Rules: On January 12, 2024, Oregon issued final rules for Paid Leave Oregon clarifying the qualifying reasons for the state’s paid leave program, benefits during leave and reinstatement requirements.

Paid Sick Leave and Family Leave: On March 2, 2024, Oregon issued a permanent administrative order modifying rules for the Oregon Family Leave Act and Oregon sick leave rules. The amendments clarify definitions and qualified use of leave.

Pennsylvania

Employer Immunity for Expunged Records: Effective February 12, 2024, Pennsylvania law regarding criminal record expungement is amended to provide additional immunity from liability to employers for claims related to an employee’s criminal record even when an employee voluntarily discloses their expunged criminal conviction.

Texas

COVID-19 Vaccine Mandates: Effective February 6, 2024, Texas prohibits employers from enforcing a mandate requiring an employee, applicant or contractor to have a COVID-19 vaccination as a condition of employment.

Utah

Employment Confidentiality Clauses: Effective March 13, 2024, and retroactive to January 1, 2023, confidentiality clauses in employment agreements are void and unenforceable to the extent they would prevent the employee from disclosing or discussing claims of sexual assault or harassment. Employers cannot retaliate against employees who refuse to enter into an agreement containing such clauses, and employers are subject to payment of attorneys’ fees if they attempt to enforce the unlawful provisions.

Washington

Permanent Wildfire Smoke Exposure: Effective January 15, 2024, Washington worksites where employees are outside or in unenclosed workspaces must prepare and implement a Wildfire Smoke Response Plan (WSRP). 

Noncompete Law: Signed into law March 13, 2024, and effective June 6, 2024, Washington expanded and clarified its noncompete statute as follows:

• Apply existing protections to independent contractors 
• Clarify that the law must be “liberally construed and exceptions narrowly construed”
• Expand the definition of a noncompete agreement to include “an agreement that directly or indirectly prohibits the acceptance or transaction of business with a customer”
• Render void and unenforceable a choice of law or jurisdiction requirement other than Washington state in a noncompete agreement
• Limit the sale of business exception to “only if the person signing the covenant purchases, sells, acquires, or disposes of an interest representing one percent or more of the business”
• Limit the “nonsolicitation” agreement of customers to “current” customers

Seattle

App-Based Worker Paid Sick and Safe Time: Effective January 13, 2024, Seattle’s App-Based Worker Paid Sick and Safe Time Ordinance applies to app-based workers who work at a network company that has 250 or more app-based workers worldwide. The law provides for payment of paid sick and safe time to qualifying app-based workers who perform services in Seattle. Network companies are defined as companies that use an app to connect customers with workers. 

App-Based Worker Minimum Payment Law: Effective January 13, 2024, the Seattle App-Based Worker Minimum Payment Ordinance requires the following for app-based workers who work at a network company that has 250 or more app-based workers worldwide:

• A minimum rate of pay based on time worked and travel
• Upfront disclosures of offer-information
• The right to payment and receipt records
• The right to refuse offers or cancel an offer with cause
• The right to access the network platform