Compliance Corner

California has enacted legislation (Senate Bill 95) that requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave to employees. The leave requirement applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021.

The California Department of Fair Employment and Housing (DFEH) has published new guidance answering questions about upholding state nondiscrimination requirements during the COVID-19 pandemic. The guidance addresses vaccination policies and practices and other topics.

Several cities and counties in California have approved ordinances that require employers to provide hazard pay (premium pay in addition to the employee's regular rate of pay) to certain employees. The following chart provides a brief overview of these requirements. Many of these laws also have notice, recordkeeping, and other requirements. Employers in these jurisdictions should read the ordinances in full to determine their full compliance requirements.

The Department of Labor (DOL) has published a final rule revising its tipped employee regulations. The final rule was scheduled to take effect March 1, 2021, but the DOL has since pushed back the effective date to April 30, 2021.

The city of Santa Rosa (CA) has approved an emergency ordinance that temporarily reinstates a requirement for employers to provide paid sick leave to employees for reasons related to COVID-19. This leave requirement is in effect from February 2, 2021 through March 31, 2021.

In March 2020, the State of New York enacted legislation (Senate Bill 8091) that provides paid or unpaid leave to employees subject to a quarantine or isolation order as a result of COVID-19. On February 2021, the state provided situational guidance for employees subject to multiple quarantine or isolation orders, for when an employee tests positive following their quarantine, and for when an employer mandates that an employee stay home due to potential exposure.

New Orleans has enacted an ordinance (Calendar Number 33,184) that expressly prohibits employers from discriminating against individuals because of their protected cultural hairstyles.

Kentucky has enacted legislation (House Bill 1) that would require employers to create and post a plan for COVID-19 if they wish to provide in-person services. House Bill 1 was set to take effect immediately after the legislature overrode a veto by the governor, but a court temporarily blocked the implementation of the law while a legal challenge from the governor is heard.

Arizona has enacted legislation (House Bill 2045) that makes clear that discrimination based on pregnancy, childbirth, or related conditions is prohibited by state law.