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December 2021: Updated Posting Requirements

Posting Updates

(This section provides you with an overview of labor law postings for this month. Note: many of these are included in the federal/state labor law poster.)

Federal or StateUpdated PostingMandatory or Recommended
 TBD 
FederalFair Labor Standards Act (FLSA) – Overtime Exemptions, Overtime, Joint Employment.ANTICIPATED
FederalMinimum WageANTICIPATED
FederalFamily Medical Leave ActANTICIPATED
 Anticipated 
CaliforniaJob Health and SafetyANTICIPATED
IllinoisYou Have the Right to be Free from Job Discrimination and Sexual HarassmentANTICIPATED
New JerseyWage TheftANTICIPATED
New JerseySafe ActANTICIPATED
New YorkDiscriminationANTICIPATED
VirginiaMinimum WageANTICIPATED
New YorkFair EmploymentANTICIPATED
New YorkMinimum WageANTICIPATED
Rhode IslandMinimum WageANTICIPATED
Rhode IslandPay EquityANTICIPATED
MaineRegulation of EmploymentANTICIPATED
ColoradoFair EmploymentANTICIPATED
ColoradoPaid Leave, Whistleblowing, & Protective EquipmentANTICIPATED
ColoradoMinimum WageANTICIPATED
CaliforniaMinimum WageANTICIPATED
CaliforniaPregnancy DisabilityANTICIPATED
CaliforniaOSHAANTICIPATED
 December 
New JerseyFamily Leave ActMANDATORY
California, San DiegoMinimum WageMANDATORY
DelawareMinimum WageMANDATORY
MichiganMinimum WageMANDATORY
MissouriMinimum WageMANDATORY
MissouriDiscrimination in EmploymentRECOMMENDED
LouisianaPregnancy Rights of EmployeesMANDATORY
WashingtonPaid Family LeaveMANDATORY
WashingtonYour Rights as a WorkerRECOMMENDED
VirginiaJob Safety and Health ProtectionMANDATORY
District of ColumbiaPaid Family leaveMANDATORY
 November 
MarylandFair employmentMANDATORY
MarylandPregnant and workingMANDATORY
MarylandMinimum WageMANDATORY
MinnesotaMinimum WageMANDATORY
VermontMinimum WageMANDATORY
MassachusettsPaid Family and Medical LeaveMANDATORY
MaineMinimum WageMANDATORY
MontanaMinimum WageMANDATORY/ RECOMMENDED
South DakotaMinimum WageMANDATORY/ RECOMMENDED
WashingtonMinimum WageMANDATORY/ RECOMMENDED
OhioMinimum WageMANDATORY
KentuckySafety7 and Health on the JobMANDATORY
ArizonaFair Wages and Healthy Families ActMANDATORY

December 2021: Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect January 1, 2022

Update Applicable to:
All employers in Philadelphia, Pennsylvania

What happened?
In our previous communication, we informed you about Bill No. 200625. This is a reminder about the law.

What are the details?
Effective January 1, 2022, employers are prohibited from testing for the presence of marijuana as a condition of employment.

This Bill does not affect all employers; the prohibition does not apply to individuals applying to work in the following professions.

  • Police officer or other law enforcement positions.
  • Any position requiring a commercial driver’s license.
  • Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals.
  • Any position in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency and set forth in regulations pursuant to the Bill.

It also does not apply to drug testing required pursuant to:

  • Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security.
  • Any contract between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant.
  • Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.

The Bill will also require that the agency, decided by the mayor, will be tasked with the responsibility for enforcement to make the regulations widely known for the implementation and administration of the new requirements.

For more information, please see the links below:

Bill No. 200625

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What do employers need to do?
Employers should review the links provided above and make adjustments to their hiring and drug testing policies to stay in compliance with the new law.

December 2021: City of Philadelphia Announces Food Establishment Vaccine Mandate

Update Applicable to:
All employers of food establishments in the city of Philadelphia, Pennsylvania.

What happened?
On December 13, 2021, the Philadelphia Department of Health announced a vaccine mandate for patrons and staff of all establishments that sell food or drink for on-site consumption within Philadelphia city limits.

What are the details?
Starting on January 3, 2022, any establishment in Philadelphia that sells food and/or drink for consumption on-site may admit only those patrons who have completed their vaccine series against COVID-19.

For the first two weeks of this mandate, January 3 through 17, establishments may choose to accept proof of a negative COVID-19 test within 24 hours of entry in lieu of proof of vaccination. After January 17, negative COVID-19 tests can no longer be accepted in lieu of proof of vaccination.

Staff and children aged five years and three months through 11 will be required to have had one dose of COVID-19 vaccine by January 3 and to complete their vaccine series by February 3.

Anyone exempt persons will be required to show proof of a negative COVID-19 test within 24 hours of entry into an establishment that seats 1,000 or more people. This requirement does not apply to children under age two who cannot be tested easily for COVID-19.

This vaccine mandate applies to places like:

  • Indoor restaurant spaces
  • Cafes within larger areas (e.g., museum cafes)
  • Bars
  • Sports venues that serve food or drink for on-site consumption
  • Movie theaters
  • Bowling alleys
  • Other entertainment venues that serve food or drink for on-site consumption
  • Conventions (if food is being served)
  • Catering halls
  • Casinos where food and drink are allowed on the floor
  • Food court seating areas should be cordoned off and have someone checking vaccine status on entry to the seating area

This vaccine mandate does not apply in places like:

  • K-12 and early childcare settings
  • Hospitals
  • Congregate care facilities or other residential or healthcare facilities
  • Outdoor restaurant spaces
  • Grocery stores, except in seated dining areas within those stores, convenience stores, or other establishments that primarily sell food and other articles for offsite use
  • Philadelphia International Airport, except in traditional seated restaurant or seated bar-style locations
  • Soup kitchens or other sites serving vulnerable populations (e.g., Hub of Hope)
  • This mandate excludes masked individuals who are entering an indoor establishment for a short duration or transitory purpose (e.g., less than 15 minutes, picking up food, using the bathroom)

For more information, please see the links below:

City of Philadelphia Vaccine Mandate Announcement

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What do employers need to do?
Employers should review the links provided above and prepare to update vaccination policies for employees and patrons of their establishment once the mandate goes into effect on January 3, 2022.

December 2021: New York Family Leave Act to Include Siblings

Update Applicable to:
All employers in the state of New York

What happened?
On November 1, 2021, Governor Kathy Hochul signed into law Senate Bill S2928A (SB S2928A), amending the New York Paid Family Leave Law (NYPFLL).

What are the details?
In effect since 2018, the NYPFLL is employee-paid insurance that provides workers with job-protected, paid time off to bond with a newly born, adopted, or fostered child; care for a family member with a serious health condition (which may include severe cases of COVID-19), or assist loved ones when a member of the family is deployed abroad on active military service.

Currently, the NYPFLL defines “covered family members” to include an employee’s spouse or domestic partner, child (including a biological, adopted or foster child, step-child or child of a domestic partner, legal ward, or one to whom the employee stands in loco parentis), parent (including a biological, adoptive or foster parent, step-parent, legal guardian, or one who stood in loco parentis to the employee as a child), parent-in-law, grandparent and grandchild. 

Effective January 1, 2023, the amendment will expand this definition to include an employee’s biological, adopted, step, and half-sibling(s).

For more information, please see the links below:

Senate Bill S2928A

Announcement

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What do employers need to do?
Employers should review the links above and put in place reminders as we get closer to the year 2023.

Vensure will provide another update or reminder in the future.

December 2021: New York City Requiring Salary Ranges to be Displayed in Job Postings

Update Applicable to:
All employers in New York City.

What happened?
On December 15, 2021, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL)

What are the details?
The amendment to Int. 1208-B (the “Bill”), requires most employers’ advertisements for job openings for positions performed in New York City to include the minimum and maximum salaries offered for the position in the posting.

The Bill’s language covers the vast majority of employers who recruit and hire in New York City, including any employer that employs four or more “persons.” When counting individuals to meet the threshold, employers must include independent contractors furthering the employer’s business, as well as an employer’s parent, spouse, domestic partner, or child working for the employer.

Under the Bill, covered employers would have to include minimum and maximum salaries in advertisements for almost any position, including job listings, promotions, and transfers. The published salary range must represent what the employer believes in good faith it would pay for the position at the time of posting. The Bill does not distinguish between internal and external job postings.

Failure to do so would be considered an unlawful discriminatory practice under the New York City Human Rights Law.

The amendments will go into effect 120 days later, on May 14, 2022. The Commission may issue additional rules and guidance on compliance with the amendments prior to the effective date.

For more information, please see the links below:

Int. 1208 (the “Bill”)

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What do employers need to do?
Employers should review the links provided above and begin posting hourly wage ranges in job postings to comply with the new law.

December 2021: Boston Multi-Phase Vaccine Mandate for Certain Establishments Goes into Effect in January 2022

Update Applicable to:
All employers of indoor dining, entertainment, recreation, and fitness establishments in Boston, Massachusetts.

What happened?
On December 20, 2021, Mayor Michelle Wu announced a new multi-phase order requiring that proof of vaccination to enter certain establishments.

What are the details?
Effective January 15, 2022, individuals over the age of 12 will be required to present proof of covid-19 vaccination before entering any businesses and entities that operate certain “covered premises,” including the following:

  • Indoor Food Services, including restaurants and bars, and all indoor dining areas of food service establishments;
  • Indoor Entertainment, Recreational, and Event Venues, including theaters, music venues, commercial event and party venues, museums and galleries, professional sports arenas, and convention centers, among others; and
  • Indoor Gyms and Fitness Settings, including commercial gyms and other facilities used for conducting group fitness classes.

Certain individuals are exempted from the Mayor’s Order and may enter covered premises without showing proof of vaccination, provided that such individuals wear a face mask at all times.  These include individuals entering for a quick and limited purpose, such as using the restroom, making a delivery, performing repairs, or placing or picking up an order or service. The Order also does not apply to pre-Kindergarten through grade 12 public and non-public schools and programs, childcare programs, senior centers, or community centers. 

Each covered business must post a sign at their entrance indicating that employees and patrons are required to be vaccinated.  An approved sign will be available at www.boston.gov or available for pick up at city locations.

Below is a schedule of the phases provided by the Boston Public Health Commission.

DateRequirement
Phase 1:
January 15, 2022
People ages 12 and over must show proof of one dose of the vaccine.
Phase 2:
February 15, 2022
People ages 12 and over must show proof of full vaccination.
Phase 3: March 1, 2022Children ages 5-11 must show proof of one dose of the vaccine.
Phase 4: May 1, 2022People ages five and over must show proof of full vaccination.

For more information, please see the links below:

BPHC Indoor Vaccination Order

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What do employers need to do?
Employers should review the links provided above and prepare to make changes to their vaccination policies to comply with the mandate once it goes into effect on January 15, 2022.

December Federal HR Updates

“Ban the Box Act” for Federal Contractor Has Taken Effect

Update Applicable to:
All employers with federal contractors.

What happened?
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act), also known as the “Ban the Box” Act, officially took effect on December 20, 2021.

What are the details?
Effective December 20, 2021, The Fair Chance act bans civilian and defense executive agencies from either awarding federal contracts or releasing payment to a contractor who violates the statutory requirements. Specifically, as a condition of either contract award or receiving payment on a contract, government contractors may not request a job applicant to disclose their criminal history information before the contractor’s extending a conditional offer of employment. This restriction applies to criminal background requests made either verbally or in writing.

Exceptions to the act include considering the criminal history record is required by law; the employee will have access to classified information, or the employee will perform sensitive law enforcement or national security duties.

For more information, please see the links below:

Fair Chance to Compete for Jobs Act of 2019

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What do employers need to do?
Employers should review the links provided above and review their hiring policies and applications requirements, making necessary changes to comply with the new law.


ICE Announces Extension to I-9 Compliance Flexibility

Update Applicable to:
All employers.

What happened?
In our previous communication, we informed you about an extension to the I-9 compliance flexibility. This is an update on that law.

What are the details?
U.S. Immigration and Customs Enforcement (ICE) announced on December 15, 2021, an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until April 30, 2022.

ICE has announced that this flexibility will apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to the ongoing COVID-19 pandemic and related precautions.

For more information, please see the links below:

ICE Announcement

Vensure Previous Update

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What do employers need to do?
Employers should be aware of the extension to the I-9 flexibility rules to continue to process their I-9s with the guidance provided by ICE.

December 2021: Washington State Continues to Mandate COVID-19 Vaccination for Certain Workers

Update Applicable to:
All businesses with employees, on-site volunteers, or on-site contractors in a state agency, healthcare setting, and educational setting.

What happened?
On November 24, 2021, Governor Inslee issued Proclamation 21-14.4 which applies a vaccine mandate for certain workers in the state of Washington.

What are the details?
Effective since November 24, 2022, employers are required to enforce the vaccine mandate to employees, on-site volunteers, or on-site contractors for:

  • State agencies;
  • Operators of any educational setting; and
  • Operators of any healthcare setting.

It also applies to “Health Care Providers,” who are defined as:

  • Any individual with credentials listed on the Healthcare Professional Credentialing Requirements list;
  • Individuals who are permitted by law to provide healthcare services in a professional capacity without holding a credential;
  • Long-term care workers (unless specifically excluded); and
  • Workers in any “Health Care Setting,” which is defined as any public or private setting that is primarily used to deliver in-person healthcare services to people.

The Proclamation does not include in-home care or hospice care providers.

The Proclamation has exceptions and exemptions for disability and sincerely held religious beliefs, practices, or observances unless providing accommodation does not cause an undue hardship on the employer.

Under the Proclamation, before granting a disability-related reasonable accommodation, covered employers must obtain from the worker documentation from an appropriate healthcare or rehabilitation professional stating that the individual’s disability necessitates an accommodation and the duration of the need for an accommodation.

Individuals seeking exemption from the vaccine mandate for religious reasons must provide a document that explains the way in which the vaccine requirement conflicts with the individual’s sincerely held religious observance, practice, or belief.

For more information, please see the links below:

Proclamation 21-14.3

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What do employers need to do?
Employers should review the links above and their vaccination policies to ensure they comply with the new mandate.

December 2021: New York City Council Passes Covid-19 Child Vaccination Leave

Update Applicable to:
All employers in New York City, New York.

What happened?
On November 23, 2021, the New York City Council passed a bill that would amend the City’s Earned Safe and Sick Time Act (ESSTA).

What are the details?
Effective immediately, employers will be required to provide employees who are parents or legal guardians of children under the age of 18 (or an older child who is incapable of self-care because of a mental or physical disability) with an additional four hours of paid leave, per injections, for COVID-19 child vaccinations.

This leave cannot be charged against an employee’s accrual of safe/sick time under State or City law.

Employers may be subject to penalties for failing to provide Child Vaccination Leave.  For each instance of Child Vaccination Leave taken by an employee but not compensated by the employer, the employee may be awarded three times the wages that should have been paid or $250, whichever is greater.  Additionally, the employee may be entitled to $500 for each instance when the employer denies Child Vaccination Leave to which the employee was entitled or charges such time against the employee’s paid safe or sick time accruals.

The bill would expire and be deemed repealed on December 31, 2022.

For more information, please see the links below:

Bill

NYC PSSLL Article

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What do employers need to do?
Employers should review the links above and make immediate adjustments to their Paid Sick Leave policies.

December 2021: New York State Mask Mandate

Update Applicable to:
All employers in the state of New York.

What happened?
On December 10, 2021, Governor Hochul announced a new mandate requiring that masks be worn in indoor public spaces with some exceptions.

What are the details?
Effective since December 13, 2021, businesses are required to ensure that all staff and all patrons over the age of two must wear masks in all indoor public areas at all times with the exception that the business has implemented a mandatory vaccination policy.

This mandate appears to be generally consistent with the state’s employer obligations under the Health and Essential Rights (HERO) Act. Adopted in response to the COVID-19 pandemic, the purpose of the HERO Act is to protect workers against exposure and disease during an airborne infectious disease outbreak. It is unclear if the state will issue clarifying guidance.

Local health departments can enforce this mandate. Individuals, businesses, and venues that violate this mandate and the related guidance are subject to a maximum fine of $1,000 per violation.

For more information, please see the links below:

Announcement

New York Proof of Vaccination or Mask Requirement FAQs

New York HERO Act

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What do employers need to do?
Employers should review the links provided above and make immediate adjustments to their required mask policies to comply with the mandate.