State Law Updates
As we move through 2024, there have been several updates in employment law at the state level. Here are the changes that have gone into effect:
Colorado
Equal Employment Opportunity (EEO) Law Expansion
Effective July 1, 2024, Colorado expanded the CROWN Act, which was first introduced in 2020, to protect hair length from race-based discrimination.
Artificial Intelligence Act
Colorado plans to enact the Artificial Intelligence Act, on February 1, 2026, which will regulate both developers and deployers of AI and aims to prevent algorithmic discrimination in high-risk Artificial Intelligence systems. A “high-risk AI system” is a system that makes or is a substantial factor in making a “consequential decision”, which is a decision that has a material legal or similarly significant effect on the provision or denial to any consumer of, or the cost or terms of education enrollment or opportunity, employment or an employment opportunity, a financial or lending service, an essential government service, healthcare services, housing, insurance, legal services.
Connecticut
Connecticut Paid Sick Leave
On April 25, 2024, the Connecticut State Legislature passed an expansion of the state’s paid sick leave mandate, with potential implications for smalls businesses. In May, ARI released an article outlining the expansion of this legislation and the next steps businesses should take. For more information on the expansion of Connecticut Paid Sick Leave please refer to Connecticut Paid Sick Leave.
Maryland
Equal Employment Opportunity (EEO) Law Expansion
Effective October 1, 2024, Maryland will recognize military status as a protected class. Military status is defined as the status of being a member of the uniformed services, a member of a reserve component of the Armed Forces of the United States, or a dependent.
Maryland’s Family Leave Insurance Program
House Bill 571 postponed the start of this program to July 1, 2025. On this date, Maryland employers will need to begin make contributions to the state. The contribution amount is still to be set but should be finalized by February 1, 2025. Benefits under this new program will begin on July 1, 2026.
For more information on this program and employer’s responsibilities please follow this link: Employers (maryland.gov).
Pay Transparency and Pay Statement Laws
Effective October 1, 2024, Maryland’s amended Equal Pay for Equal Work statue will require employers to disclose the wage range for a position, a general description of benefits, and any other compensation offered for the position in each public or internal job posting. If, for some reason, this information is not disclosed in the job posting, it must be made available to the applicant before any discussion of compensation.
The state also will begin to require employers to include the date of payment, pay period start and end dates, rate of pay, bases of pay, gross and net pay earned, and the amount and name of all wage deductions on pay stubs and pay statements.
New York
Paid Parental Leave and Nursing Breaks
Effective as of June 19, 2024, New York employers must provide a 30-minute paid break to employees “each time such employee has a reasonable need to express breast milk.” In addition, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of paid parental leave during any 52-week calendar period. This regulation is in addition to New York’s existing sick leave and safe leave and can be used for “health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures. monitoring and testing, and discussions with a health care provider related to the pregnancy.
Vermont
Equal Employment Opportunity (EEO) Law Expansion
Effective July 1, 2024, Vermont Adopted the Crown Act, prohibiting discrimination based on hairstyles associated with race. This includes hair type, hair textures, hairstyles, and protective hairstyles such as braids, cornrows, locs, twists, Bantu knots, afros, afro puffs, and other formations, as well as wigs, headwraps, and other head coverings.
Captive Audience Law
As of July 1, 2024, Vermont Act 117 (S.102) prohibits employers from discharging, disciplining, penalizing, or otherwise discriminating against, or threatening to discharge, discipline, penalize, or otherwise discriminate against an employee (1) because the employee declines to (A) attend or participate in an employer-sponsored meeting for which the primary purpose is communicating the employer’s opinion about political matters, including the decision to join or support any labor organization; or (B) view or participate in communications about such matters; or (2) as a means of requiring an employee to (A) attend an employer-sponsored meeting that has the primary purpose of communicating the employer’s opinion about political matters; or (B) view or participate in communications with or from the employer that have the primary purpose of communicating the employer’s opinion about such matters.
Virginia
Equal Employment Opportunity (EEO) Law Expansion
Effective July 1, Virginia now recognizes ethnic origin as a protected class under the Virginia Human Rights Act.
Washington
Captive Audience Law
As of July 1, 2024, Washington’s Employee Free Choice Act prohibits secular employers from subjecting or threatening to subject to discipline, discharge, or otherwise penalize or take adverse action against an employee (1) because the employee has refused to (A) attend or participate in an employer-sponsored meeting the primary purpose of which is to communicate the employer’s opinion concerning political matters, including the decision to join or support a labor organization; or (B) listen to speech or view communications, including electronic communications, including electronic communications, the primary purpose of which is to communicate the employer’s opinion on such matters; (2) as a means of requiring an employee to attend a meeting or participate in such communications; or (3) because the employee reports in a good faith a violation or suspected violation of the statue.
Covered employers must post a notice of employee rights under the statue in a place normally reserved for employment-related notices and in a place only frequented by employees.
Next steps
Employers should undertake a comprehensive review of existing policies and procedures to ensure alignment with the new legal requirements. It is essential to update company policies accordingly to comply with the latest regulations.
ARI is monitoring the status of this rule and the legal challenges. As this change takes effect, the ARI Human Resources Team is here to help you interpret guidelines and regulations, to review your current polices, revise polices as necessary, and to any questions you may have. If you would like to learn more about how we can help support your business, contact us.
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