New Compliance Obligations For 2014: Fewer New Laws, ButImportant Changes For Employers

As always, the new year brings a host of new laws that are the product of our state and federal legislatures. Although many important changes were made to state and federal laws, 2013 saw a reduction of more than 30% in the number of labor and employment bills enacted as compared to 2012. While the total number is lower this year, these new compliance obligations are just as important for employers. This summary provides an overview and chart of new laws that become effective in 2014. As expected, California was again the busiest legislature, but no states were left out of the push to continue to regulate employers.1

Oregon enacted a new one-of-a-kind law this year requiring certain private employers to provide bereavement leave to eligible employees under the Oregon Family Leave Act (OFLA).2 While the leave is unpaid, companies that allow employees to use their paid sick leave for qualifying OFLA events will be required to pay employees under their sick leave policies. As states tend to pass copycat legislation, we will be watching for additional states to follow suit.

Last year we reported that Rhode Island had passed the first of its kind Homeless Bill of Rights. Both Connecticut and Illinois joined Rhode Island by enacting legislation providing employment protection for the homeless. The Illinois law aims to "lessen the adverse effects and conditions caused by the lack of residence or a home." The Act provides that "[n]o person's rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless." Likewise, the Connecticut Homeless Person's Bill of Rights was created "to guarantee that the rights, privacy and property of homeless persons are adequately safeguarded and protected under the laws of Connecticut." Included among these enumerated rights is "equal opportunities for employment." More states are sure to follow suit, and we will continue to monitor this trend in 2014.

2013 saw five more state legislatures pass laws legalizing same-sex marriage: Rhode Island, Delaware, Minnesota, Hawaii and Illinois. Additionally, in June, the Supreme Court issued its long-awaited decision in United States v. Windsor. The Court ruled unconstitutional (in a 5-4 decision) the section of the federal Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages legally entered into under an applicable state law. We are carefully monitoring this quickly changing area of law, which is happening in the legislature, in the courts, and on various state ballots.

We are continuing to see developments in other major issues as well. Weapons in the workplace, criminal background checks, social media privacy rights, and paid sick and family leave continue to be hot topics in state and federal legislatures. Nine out of the 12 states that have enacted social media privacy laws did so in 2013. In August, New Jersey became the twelfth state to enact such legislation,3 continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted, personal social media content of applicants and employees.

This year the minimum wage was debated at both the federal and state levels.4 Several states raise their rate annually based on the consumer price index, or statutory requirements. However, other states, such as California and New Jersey, enacted new minimum wage hikes this year. Congress continues to debate raising the federal minimum wage.

While 2013 had a lower volume of enacted legislation than 2012, the effect on employers will be no less daunting. To assist employers in navigating this critical area of compliance, Littler continues to offer clients Littler GPS - a paid subscription service that tracks legal developments and provides analysis and guidance related to new laws and regulations. The Littler GPS online database provides user-friendly functionality, including full-text content search and intuitive navigation, which the user can easily focus on selected jurisdictions. Updates are posted to GPS on a daily basis, keeping employers informed and up to date.

If you have any questions about new federal or state laws, or Littler GPS, please contact your Littler attorney.

Enacted Legislation by 2014 Effective Date

State & Bill Number

Summary

Effective Date

Arizona 2014 Minimum Wage Determination

Effective January 1, 2014, the minimum wage in Arizona will increase by 10 cents per hour to $7.90.

1/1/2014

California AB 10

Increases the minimum wage, on and after July 1, 2014, to not less than $9.00 per hour and further increases the minimum wage, on and after January 1, 2016 to not less than $10 per hour.

7/1/2014

California AB 11

Revises provisions to require employers to permit an employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or as emergency rescue personnel, as defined, to take a leave of absence for the purpose of engaging in fire, law enforcement, or emergency rescue training.

1/1/2014

California AB 263

Prohibits an employer from engaging in unfair immigration-related practices for the purpose of retaliation against any person who exercises any rights under the Labor Code, and authorizes a court to order the appropriate government agencies to suspend certain business licenses held by the violating party for prescribed periods based on the number of violations. Expands the protected conduct to include a written or oral complaint by an employee that he/she is owed unpaid wages; authorizes a private right of action for equitable relief, damages, and penalties by an employee against an employer who engages in unfair immigration-related practices; clarifies that an employer is prohibited from discriminating, retaliating, or taking adverse action against an...