Local and State Employment Law Updates: A Massive Release of New Labor Posters | SmithAmundsen LLC

Below are some of the latest state updates and posters –

CALIFORNIA

The State of California has released various Covid-19 related paid sick leave information for 2022:

  • According to the Supplemental Paid Sick Leave poster, which came into effect on February 19, 2022, covered employees of the public or private sector WHO work for employers with at least 26 employees are entitled to up to 80 hours of paid sick leave related to COVID-19 2022 from January 1, 2022 to September 30, 2022. This leave must be granted immediately upon any form of request to employers, and 40 of these hours must be available only when an employee or family member tests positive for COVID-19. A “family member” includes a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.

Full-time covered employees can take up to 40 hours off if they are unable to work for one of the following reasons:

  • Vaccine-related – Covered employee attends a vaccination or booster appointment for themselves or a family member or cannot work or telecommute due to vaccine-related symptoms. Unless otherwise directed by a health care provider, an employer may limit employees to a 24-hour or 72-hour recovery leave period for each vaccination or recall appointment.
  • Self-Care – The covered employee is subject to quarantine or isolation due to COVID-19.
  • Caring for a family member – The covered employee is caring for a family member who is subject to quarantine or isolation due to COVID-19 or is caring for a child whose school or care center is closed or unavailable due to COVID-19 on the premises.

Full-time covered employees may take up to 40 additional hours of leave if they are unable to work or telecommute for any of the following reasons: (1) the covered employee tests positive for COVID-19; or (2) the covered employee is caring for a family member who has tested positive for COVID-19.

Part-time covered employees can take leave for up to the number of hours worked over two weeks, with half of those hours only available when they or a family member tests positive for COVID -19.

Finally, this poster should be posted where it can be easily read by employees. If employees do not attend a physical workplace, employers can provide the poster electronically.

  • The California Department of Industrial Relations has created an FAQ page for the paid sick leave poster. It answers various questions in great detail.

DISTRICT OF COLOMBIA

The District of Columbia updated its voting holiday poster for the primary on June 21, 2022. Employers must allow holidays to vote early and vote on Election Day.

This poster must be prominently displayed at all sites where employees report to work and on the employer’s website, if applicable.

MARYLAND

The State of Maryland has updated the following posters and notices:

Child labor laws in Maryland prohibit minors from engaging in various occupations that have been declared “hazardous” by the US Secretary of Labor. According to this poster, such hazardous occupations have been endorsed by the Maryland State Commissioner of Labor and Industry. Thus, all minors are prohibited from being employed in the listed occupations with certain exceptions, including but not limited to youth apprenticeship. The poster also provides a separate list of prohibited occupations for minors aged 14 and 15.

Minors, aged 14 to 17, can apply for a work permit as long as it has been signed by the minor, the minor’s parent or guardian, and the employer. Minors of any age can apply for special permits for certain types of work.

The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide paid sick and safety leave to certain workers. It also requires employers with fewer than 15 employees to grant sick and safety leave to certain workers.

Employees can use earned leave for the following reasons:

  • To cure or treat the illness, injury or mental or physical condition of an employee;
  • To obtain preventive medical care for an employee or a member of his family;
  • To care for a family member suffering from a mental or physical illness, injury or condition;
  • For maternity or paternity leave; Where
  • Due to domestic violence, sexual assault, or stalking committed against an employee or family member if used (1) to obtain medical or mental health care; (2) to obtain services from a victim support agency; (3) for legal services or procedures; or (4) because an employee has temporarily relocated as a result of domestic violence, sexual assault, or harassment.

A “tipped employee” is defined as an employee who usually and regularly receives more than $30 per month in tips or gratuities. The notice provides that employers are prohibited (1) from requiring a tipping employee to reimburse or pay an employer the amount of a customer’s expense for food or drink if the customer leaves without paying ; or (ii) unless otherwise required by law, deducting an employee’s wages to cover a customer’s cost of food or drink if the customer leaves without paying.

Employers must post this notice in a conspicuous place where any tipped employee is employed.

Section 3-301 of the Labor and Employment Act regulates pay discrimination. This notice is a restatement of the law, which provides that employees must receive equal pay for equal work.

NEW YORK

New York State has updated its worker’s compensation poster and mask mandate guidelines.

This poster is a simplified presentation of workers’ rights under New York’s workers’ compensation law. It provides that all workers who are injured on the job or who suffer from an occupational disease may be entitled to workers’ compensation benefits. In addition, it ensures that employers cannot ask employees to waive their rights to compensation or take money out of wages to pay workers’ compensation insurance premiums. Employers are also prohibited from firing or discriminating against employees who have filed claims for benefits.

The poster provides instructions for filing claims and asks employees not to pay their legal fees directly, as all fees must be set by the NYS Workers’ Compensation Board and deducted from their compensation.

New York’s Board of Public Health and Health Planning has amended its previous emergency rule regarding the mask mandate for COVID-19 prevention. The new guidelines specify that, until April 22, 2022, individuals are required to wear face coverings in public places when they cannot maintain social distancing, and in certain other settings such as schools and nursing homes. health. The guidelines also provide that companies must continue to provide, at their expense, face coverings to employees required to wear them under the amendment.

WASHINGTON

Washington State updated its mask mandate and banned discrimination against vaccinated employees.

The new order, which went into effect Feb. 18, 2022, amends Proclamation 20-03 to require all people in Washington State to wear a face covering over their nose and mouth when in places where someone outside their household is present, or in places generally accessible to anyone outside their household. For example, if a person lives in a congregate living environment where they share facilities, their household includes only people who regularly reside in their room. These individuals must wear a face covering when outside of their room and in all common areas within the building or complex. Exceptions and exemptions apply.

The following people are exempt from the requirement and do not need to wear face coverings:

  • Children under 5 years old; and
  • People with medical conditions, mental health issues, developmental or cognitive issues, or disabilities that prevent wearing face coverings.

The Worker Safety Proclamation amends Proclamations 20-05 and 21-08 to clarify that employers cannot take adverse action against employees who (i) receive a COVID-19 vaccine; (ii) take time off to receive or recover from a COVID-19 vaccine or booster; (iii) take leave when under a quarantine or isolation order or when advised to self-quarantine; or (iv) wear a face covering at work.

Unemployment actions are defined in the proclamation and include, but are not limited to: (i) termination, suspension, demotion, or refusal of a promotion; (ii) denial of paid or unpaid leave; and (iii) reduce the number of hours scheduled for the employee.

About Marjorie C. Hudson

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