State & Local Employment Law Developments: Q1 2022

The first quarter of 2022 continued the trend of increasing regulation of the workplace by state and local governments. 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

California Amends Record Retention Period and Statute of Limitations Under FEHA: Effective January 1, 2022, California employers must retain applications and certain employment records for four years — up from two years — under the Fair Employment and Housing Act (FEHA).

California Consumer Privacy Act (CCPA) Extends Employee Data Exemption: While the exemption of employee data from the CCPA is extended to January 1, 2023, employers must continue to provide notice of collection of personal information.

Colorado

Amendments to Colorado “Whistleblower, Anti-Retaliation, Non-Interference and Notice-Giving” WARNING Rules: Amendments prohibiting retaliation and interference with employee rights under the Agricultural Labor Rights and Responsibilities Act took effect on March 2, 2022.

Illinois

Illinois’s Pay Data Reporting Requirement: Illinois’s new pay data reporting requirement took effect on March 24, 2022.

Mississippi

Medical Cannabis Act:  Effective February 2, 2022, the Mississippi Medical Cannabis Act (MMCA) authorizes the use of medical cannabis by certain individuals pursuant to specific qualifying standards. Most relevant to employers, the MMCA specifically does not alter many of Mississippi’s pre-existing employment laws.

New Jersey

Employee Notice of Tracking Devices in Vehicles: Approved to become effective April 19, 2022, an employer who makes use of a tracking device in a vehicle used by an employee must provide written notice to the employee.

Workers’ Compensation Coverage to Include Parking Lots:  Effective January 10, 2022, the New Jersey workers’ compensation law is amended so that if an employer provides or designates a parking area for use by an employee, then employment commences when an employee arrives at the parking area prior to reporting for work and terminates when an employee leaves the parking area at the end of a work period.

South Dakota

Prohibited Conduct Under Medical Cannabis Law: Effective July 1, 2022, amendments related to the medical use of cannabis dictate that the law specifically does not alter many of South Dakota’s pre-existing employment laws.

Washington

Employee Assistance Program Confidentiality: With an implementation date of June 9, 2022, this act deems it unlawful for an employer to obtain individually identifiable information regarding an employee’s participation in an employee assistance program (EAP).

Washington Care Fund Deductions Delay: While employer deductions to fund the Washington Care Fund were to have been implemented on January 1, 2022, new bills passed on January 26, 2022 pushed the premium assessment start date to July 1, 2023.

Employment and Independent Contractor Agreement Limitations:  Effective March 24, 2022, the “Silenced No More Act” renders void and unenforceable any provision in an agreement by an employer and an employee (or contractor) not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee (or contractor) reasonably believed to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation or sexual assault.

For the full alert, visit the Faegre Drinker website.