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Employment Regulations You Need to Know in 3 States And New York City

Emily Hartman /

Although the Coronavirus pandemic has had a huge impact on human resource and employment regulations, check out that coverage here, there are other requirements taking effect in the next month that you still need to know about.

Colorado Overtime and Minimum Wage

Who: Colorado private employers

When: April 16, 2020

What:

The Colorado Department of Labor and Employment’s Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS Order 36) took effect March 16, 2020 and changes the state’s wage regulations, including overtime, meals, rest breaks, and several other areas.

COMPS Order 36 Changes

  • Employers are required to maintain employee records for at least 3 years and as long as there is a pending wage claim for an employee.
  • Employee records must contain the following personal information: personal name, address, occupation, date of hire, date of birth (if the person is under the age of 18), as well as job information including daily record of worked hours, credits and tips claimed, regular rates of pay, gross wages earned, withholdings, net amounts paid for each pay period.
  • Paychecks must contain daily record of worked hours, credits and tips claimed, regular rates of pay, gross wages earned, withholdings, net amounts paid for each pay period. Employers are required to make occupation, date of hire, and daily hours worked readily available to employees either through an electronic portal, earnings statements, or by providing the previous year’s complete information by January 31. Employees may request this information once per year.
  • Joint-employer language was changed. Its standards are still the same as under Colorado wage and hour law, aside from the recent federal changes to the joint-employer standard for federal wage law.
  • Direct care and support companions, who are scheduled for and work in shifts of at least 24 hours and are Medicaid-funded, have been given an exemption from 12-hour daily overtime.

In light of the coronavirus pandemic, the Division of Labor Standards and Statistics, which oversees the COMPS Order 36, has allowed a grace period of one month for employers to comply with the following requirements:

  • Employers must post the COMPS Order 36 poster in a prominent area or, if posting it isn’t practical, must distribute a copy of the poster to all employees. A copy of the COMPS Order 36 must also be added to employee handbooks and employees must acknowledge they’ve received an updated copy by April 16, 2020.
  • Investigations into any violations of the new regulation will be delayed until April 16, 2020, this doesn’t apply to employees’ claims or violations of the previous orders.
  • Employers the refuse to pay wages or compensation or deny a wage amount won’t be viewed as willfully violating the new regulations, as long as they address the violation by April 16, 2020.
  • Normally a claims notice initiates a 14-day period for the employer to remedy the violation, the Division won’t send any new claims notices, for all wage claims, to employers until April 1, 2020.

How:

  • Review and update your current wage and payroll practices to ensure they are compliant with these changes.
  • Review your recordkeeping procedures and ensure you’re maintaining all necessary information for the correct amount of time.

Additional Resources

Colorado Department of Labor and Employment

Notice of Adoption as Temporary or Emergency Rules

Interpretive Notice & Formal Opinion (“INFO”) # 1:

Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36

Colorado Overtime & Minimum Pay Standards (COMPS) Order #36 Poster

New Jersey Updates Wage Payment Law

New Jersey Updates Wage Payment Law

Who: New Jersey employers with 10 or more employees

When: May 20, 2020

What:

Under new amendments to the Wage Payment Law, employers with at least 10 employees must provide additional information on the deductions statement. Employees should already be receiving a statement for the pay periods that deductions are made. The following information should be added to the employee’s statements:

  • Gross wages
  • Net wages
  • Rate of pay
  • If necessary, the number of hours worked for the pay period

Employers who violate this new requirement could see an initial penalty of $250 and up to $500 for any following violations.

How:

  • Determine if you’re already providing this information in your employees’ deduction statements. If you’re not already providing this information, update your payroll processing procedures to accommodate these new requirements.

Additional Resource

S1791

New York City Requires Independent Contractors Receive Annual Anti-Harassment Training

Who: New York businesses who employ independent contractors

When: Effective Immediately

What:

The New York City Commission on Human Rights recently changed its guidance about the annual anti-sexual harassment training requirements in a Frequently Asked Questions document.

The City Commission updated language to say that independent contractors must receive the annual training from the hiring company or take the training on their own. Businesses should provide the training or require proof that contractors have taken it.

Independent contractors don’t need to be trained if they have worked less than 80 hours in a year or less than 90 days.

Independent contractors count as employees in order to reach the 15 employee minimum and those individuals don’t need to be located in New York City in order to count.

How:

  • If you work with independent contractors, determine how to ensure your contractors receive anti-sexual harassment whether your company administers the training or you require proof of training from the contractors.

Additional Resources

NYC Act Stop Sexual Harassment FAQs

NYC Sexual Harassment Training

New York City’s Ban on Pre-Employment Marijuana Testing Starts May 10

Who: New York City employers

When: May 10, 2020

What:

A 2019 law will take effect on May 10 prohibiting employers from testing job applicants from for marijuana or Tetrahydrocannabinol (THC) as an employment terms.

Certain jobs are excluded from the ban:

  • Law enforcement positions like police and peace officers or investigative jobs
  • Construction and maintenance positions that are connected with Section 3321 of the New York City Building Code or Section 220-h of the Labor Law.
  • Jobs that require a commercial driver’s license
  • Jobs that supervise or care for children, medical patients, or other vulnerable populations that are defined in Social Services Law Section 488(15)
  • Jobs that have a significant impact on public health and safety, which are determined by the commissioner on City Administrative Services, identified on the City Administrative Services website, or the chairman that is identified by the commission’s regulations.

There are also exclusions to drug testing that’s required by:

  • U.S. Department of Transportation’s (DOT) pre-employment drug testing or any state or city that adopts the DOT rules.
  • Federal contracts between a government agency and employer or financial assistance grants that may require drug testing as a contract or grant term.
  • Federal or state statutes related to safety and security
  • Prospective employers with a valid collective bargaining agreement that addresses pre-employment drug testing

How:

  • Review your current job application and drug testing process and update it to comply with the new law.
  • Consult with legal counsel to ensure that your policies and procedures are in compliance.
  • Educate hiring managers about this new regulation to ensure their compliance.
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