BY CHRISTINA FIORENZA
Staying informed about new employment laws is essential. Here are some laws and regulations listed by state that have taken effect since November 2016 and will become effective later this year, if they aren’t already. Please know that this list does not include all employment law changes, and the information in the “topic” column is a briefly summarized description of the overall changes made. If you are unaware of any of these new laws or requirements, you should check with your state’s department of labor or a professional versed in such topics.
New Form I-9 Effective Jan. 22, 2017
The U.S. Citizenship and Immigration Services (USCIS) published the updated Form I-9 in November, and its use has been mandatory since January 22, 2017. Form I-9 verifies the identity and employment authorization of people hired for employment in the U.S. All U.S. employers must complete an I-9 form for each employee within three days of the hire date. In other changes, Section 1 now asks for “other last names used” instead of simply “other names used,” and the new form is easier to complete on a computer as it includes drop-down lists and calendars. The new Form I-9 can be filled out online at bit.ly/1KvyEMy.
FLSA Overtime Regulations
As for the proposed Fair Labor Standards Act (FLSA) overtime regulations, the injunction is still in place with no further word regarding implementation or changes.
| STATE | TOPIC | EFFECTIVE DATE |
|---|---|---|
| Alabama | Labor relations: Prohibits rejecting applicants based on membership (or not) in a labor union | 11/29/16 |
| Arizona | Paid leave: Mandatory paid sick leave | 1/1/17 |
| Arkansas | Marijuana: Legalizes marijuana and prohibits discrimination, but does not require accommodations for working under the influence | 11/9/16 |
| California | Minimum wage by city, background checks, cellphones and driving, employee benefits, equal pay, leaves of absence, paid leave, family bonding leave, overtime, pay stubs, and recordkeeping | 1/1/17 |
| Colorado | Access to employee files | 1/1/17 |
| Connecticut | Background checks: Cannot ask information about prior arrests, criminal charges, or convictions in initial employment application unless required by federal or state law | 1/1/17 |
| Florida | Marijuana: Permits medical marijuana use, but does not require accommodations for working under the influence | 1/1/17 |
| Georgia | Clarification that a franchisor is not the employer of the franchisee or its employees | 1/1/17 |
| Illinois | Disability accommodations, domestic workers, leaves of absence, paid leave (7/1/17), non-compete agreements, social media, wage assignment, and workers compensation | 1/1/17 |
| Indiana | Smoking: Prohibits smoking in enclosed areas at places of employment | 1/2/17 |
| Maine | Marijuana: Legalizes recreational marijuana use for those 21 years and older, but does not require accommodations for working under the influence or impact an employer’s ability to enforce workplace policies restricting its use | TBD |
| Massachusetts | Marijuana: Legalizes recreational marijuana use for those 21 years and older, but does not require accommodations for working under the influence or impact an employer’s ability to enforce workplace policies restricting its use | 12/15/16 |
| Minnesota | Paid leave: Mandatory paid sick leave | 7/1/17 |
| Missouri | Weapons in the workplace | 1/1/17 |
| Nevada | Marijuana: Legalizes recreational marijuana use for those 21 years and older, but does not require accommodations for working under the influence or impact an employer’s ability to enforce workplace policies restricting its use | 1/1/17 |
| New Jersey | Paid leave: Mandatory paid sick leave | 1/11/17 |
| New York | Direct deposit conditions and contingent workforce contracts | 5/5/17 |
| North Dakota | Marijuana: Legalizes medical marijuana use, but does not prevent civil penalty for possessing, distributing, or transferring marijuana or using it in the workplace | 12/8/16 |
| Oregon | Access to employee files, paycheck deductions, pay stub requirement, and recordkeeping | 1/1/17 |
| Pennsylvania | Paychecks paid by paycard with conditions | 5/3/17 |
| Tennessee | Immigration: Required e-verify for employers with 50 or more employees | 1/1/17 |
| Vermont | Background check restrictions, healthcare benefits, paid leave | 1/1/17 |
| Washington | Paid leave: Mandatory paid sick leave | 1/1/17 |
Should you have further questions about the new employment laws listed above, speak with your HR department, your labor lawyer, or a professional consultant for further clarification. [CD0317]
Christina Fiorenza is the HR director for The LMC Group. She can be reached at christina@LMCpeople.com.