2021 U.S. Compliance Updates
There’s a LOT to digest when it comes to U.S. compliance and 2020 has been no exception, as there have been countless compliance changes arising from COVID-19. That’s why we’re here, to simplify these updates and help your business prepare for how it may be affected. Here’s a breakdown of the most significant changes being implemented in 2021.
California 2021 compliance updates
California Covid-19 Notification
Implementation Date: January 1, 2021
Assembly Bill 685 allows the state of California to track COVID-19 cases in the workplace more closely in 2021.
What does this mean for employers?
This requires employers to provide written notice to workers, subcontractors, worker representatives and any third party that were recently present at the workplace and/or interacted with company personnel affected by COVID-19. At the time of notice, employers must make workers aware of any entitlement to COVID-19 related benefits. Furthermore, the employer must notify workers about sanitation protocols and safety procedures taken to eliminate the spread of the virus in the workplace.
Sexual Harassment Prevention Training
Implementation Date: January 1, 2021
California businesses with five or more workers must provide sexual harassment prevention training to all workers by January 1, 2021. Employers must take all reasonable steps, such as policy assimilation and training, to prevent discrimination and harassment from occurring.
Colorado 2021 compliance updates
Colorado Paid Sick and Safe Time Leave
Implementation Date: January 1, 2021
Colorado has joined the growing number of states that require most employers to provide a traditional paid sick leave for full-time, part-time, temporary and seasonal workers beginning January 1, 2021.
What does this mean for employers?
The act requires employers with 16 or more workers to provide paid sick leave to their workers, accrued at one hour for every 30 hours worked, up to a maximum of 48 hours. Beginning January 1, 2022, the Act applies to all employers regardless of size.
Colorado Public Health Emergency Paid Sick Time
Implementation Date: Immediately
This act requires an employer to provide its workers an additional amount of paid sick leave during a public health emergency based on the number of hours the worker works.
What does this mean for employers?
This leave is in conjunction with the Colorado paid sick leave. However, this leave is only relevant and active when public health emergencies are declared.
Connecticut 2021 compliance updates
Connecticut Paid Sick and Safe Time Leave
Implementation Date: January 1, 2022
The State of Connecticut has established a Paid Family and Medical Leave system, which will take effect on January 1, 2022. However, the establishment of such leave system creates the formation of the Connecticut Paid Family and Medical Leave Insurance Program, which will fund worker benefits when a worker takes paid leave in the future. Essentially, the state will spend the year of 2021 funding the paid leave program in advance by requiring covered employers to make payroll deductions from all Connecticut workers.
What does this mean for employers?
Employers must begin making deductions from the pay of Connecticut workers to fund the program from Jan. 1, 2021 onward. If you are a PGC client, starting on January 1, 2021, PGC will be responsible and required to withhold and submit payroll deductions for each Connecticut worker to the Connecticut Paid Leave Authority on a quarterly basis.
Connecticut Sexual Harassment Prevention Training
Implementation date: January 1, 2021
The act requires employers of all sizes to provide sexual harassment prevention training to all workers by January 1, 2021.
Delaware 2021 compliance updates
Sexual Harassment Prevention Training
Implementation Date: January 1, 2021
By January 1, 2021, employers in Delaware with five or more workers must provide sexual harassment prevention training to all workers within six months of their start date, and then retrain every two years.
Illinois 2021 compliance updates
Illinois Sexual Harassment Prevention Training
Implementation Date: January 1, 2021
All Illinois employers are required to provide sexual harassment prevention training to all workers on an annual basis.
Maine 2021 compliance updates
Maine Earned Paid Leave
Implementation Date: January 1, 2021
The Maine Earned Paid Leave Act requires that covered employers must permit each worker to earn one hour of paid leave for every 40 hours worked, with up to 40 hours per year. Workers are entitled to use earned paid leave for any reason.
Maine Sexual Harassment Prevention Training
Implementation Date: January 1, 2021
Employers with 15 or more workers must provide sexual harassment prevention training to all workers within one year of their start date, beginning January 1, 2021.
Massachusetts 2021 compliance updates
Massachusetts Paid Family and Medical Leave
Implementation Date: January 1, 2021
Massachusetts will soon join the growing list of states that mandate paid family and medical leave for workers. Beginning January 1, 2021, the Massachusetts Paid Family and Medical Leave law applies to all Massachusetts employers and provides workers with up to 26 weeks of paid, job-protected leave for medical or family reasons.
Michigan 2021 compliance updates
Michigan Covid-19 Workplace Safety
In response to the presence of COVID-19, Michigan has enacted statewide emergency rules to require the development and implementation of a COVID-19 preparedness and response plan and to provide training to workers regarding the required health and safety protocols.
What does this mean for employers?
If you currently have workers on-site, then this ruling applies and will need to be adopted by you or your client. Follow this link for additional information regarding the state’s rule, various deadlines, and requirements.
New York 2021 compliance updates
New York Sexual Harassment Prevention Training
Implementation Date: December 31, 2020
Every employer in New York State must provide all workers (full-time, part time, temporary and seasonal) with sexual harassment prevention training and retrain on an annual basis.
Oregon 2021 compliance updates
Oregon Covid-19 Workplace Safety
In response to the presence of COVID-19, Oregon has enacted a temporary rule that addresses COVID-19 workplace risks, which now require employers to develop and monitor sanitation efforts, establish proper workspace ventilation, perform an exposure risk assessment, draft an infection control plan and conduct worker training. Each on-site measure must be taken in a timely manner to meet its specific deadline, with deadlines present throughout the months of November and December 2020 and January 2021.
What does this mean for employers?
PGC has already supplied all Oregon workers with a copy of the Oregon OSHA poster, which fulfills the posting requirement and meets the November 16th deadline.
If you currently have workers on-site in Oregon, then this ruling applies and will need to be adopted by you or your client. Follow this link for additional information regarding the state’s rule, various deadlines, and requirements.
Pennsylvania 2021 compliance updates
Pittsburgh, PA 2021 compliance updates
Pittsburgh Ordinance – Temporary Paid Sick Leave for Covid-19 Related Reasons
Implementation Date: December 9, 2020
Employers have the responsibility to provide up to 80 hours of paid COVID-19 sick time to workers. COVID-19 sick time under this Ordinance is in addition to standard paid sick time that covered workers are entitled to under the Pittsburgh Paid Sick Days Act. This Ordinance will remain in effect until the public health emergency officially ends.
Sexual Harassment Prevention Training FAQ
I am a client of PGC and have workers in a state eligible for sexual harassment prevention training, do I have to provide the training?
Starting January 1, 2021, your workers will be enrolled in government-mandated sexual harassment prevention training via Kantola, an online, interactive learning platform. The Kantola platform was created in partnership with the world’s largest labor and employment practice, Littler Mendelson, P.C and in conjunction with the Society for Human Resource Management (“SHRM’). Use of the platform is accessible to all existing PGC clients and workers.
What if the worker completes the training outside of scheduled work hours?
PGC will pay hourly workers directly and at the PGC training rate, which has been formally communicated to all workers.
How often will training occur?
California – Every two years
Connecticut – Periodically, but not less than ten years
Delaware – Every two years
Illinois – Every year
Maine – One time (every time a new employee is onboarded)
New York State/New York City – Every year
Disclaimer: All information written here is for general informational purposes only and is not intended to be a substitute for professional and/or legal services.