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State Law Updates | Aug 15, 2018

State Law Updates – July 2018

State Law Updates – July 2018

As part of our effort to keep you abreast of changes in state laws, we have outlined below certain law changes that were noted in July 2018 that might be of interest.

The list below is not a complete list of all state law changes. Therefore, we recommend you discuss any specific issues your company may be experience with your state labor department or a third party knowledgeable with your state’s employment laws.

State Date Effective Description
AR 7/31/2018 Under a new law in Arkansas, neither a franchisee nor a franchisee’s employee is deemed to be an employee of the franchisor or sub-franchisor (notwithstanding a voluntary agreement entered into between the US Department of Labor and Franchisee)
CA 7/11/2018 No Affirmative Duty to Resist Immigration Enforcement
As a result of a recent federal district court ruling, California employers are no longer prohibited from:

  • Voluntarily allowing immigration enforcement agents to enter nonpublic work areas; or
  • Reverifying the employment eligibility of a current employee at a time or manner not required by federal law, except if using the federal E-Verify system.
DE 1/1/2019 Delaware has adjusted its minimum wage increase to $8.75 per hour to take effect on January 1, 2019. Previously, this increase was scheduled to take effect on October 1, 2018. Effective October 1, 2019, Delaware’s minimum wage will rise to $9.25 per hour.
MA 7/2/2018 An Act relative to minimum wage, paid family medical leave and the sales tax holiday (HB4640).

  • $12.00 per hour ($4.35 for tipped employees), beginning January 1, 2019
  • $12.75 per hour ($4.95 for tipped employees), beginning January 1, 2020
  • $13.50 per hour ($5.55 for tipped employees), beginning January 1, 2021
  • $14.25 per hour ($6.15 for tipped employees), beginning January 1, 2022
  • $15.00 per hour ($6.75 for tipped employees), beginning January 1, 2023

The law also phases in the elimination of Sunday and holiday premium pay for retail workers.

MA 7/1/2018 Massachusetts has adopted a paid family and medical leave program, which will be funded by a payroll tax that becomes effective July 1, 2019. Employees can begin taking paid family and medical leave under the program in 2021.
MN 6/19/2018 Minimum Wage Increase in Minneapolis, MN:

  • $11.25 per hour for employers with 100 or more employees
  • $10.25 per hour for employers with 100 or fewer employees
  • Additional minimum wage rates may apply for tipped employees and in metropolitan areas
OK 7/26/2018 Effective July 26, 2018, Oklahoma law will generally prohibit employers from discriminating against a medical marijuana patient in hiring, termination, or any term or condition of employment.
RI 7/1/2018

The Healthy and Safe Families and Workplaces Act

Effective July 1, Rhode Island employers generally must provide paid or unpaid earned sick leave to each employee, depending on employer size. The following chart summarizes the law and its requirements.

SC 7/24/2018 Updated Poster Addresses Pregnancy Accommodations

South Carolina has updated its employment discrimination poster to include required language regarding pregnancy accommodations. The updated poster (English and Spanish) must be given to existing employees by September 14, 2018, and all new hires on or after that date. The notice must also be conspicuously posted at an employer’s place of business.

The HR and business professionals at MyHRConcierge are here to respond to your questions and concerns, and keep small to medium-sized businesses compliant with federal and state labor laws. Delivering personal service to our Partners and Clients is the heart and soul of our business.