In the past week, the State of Illinois released two new workplace posters and the District of Columbia released a revised COVID-19 poster. The state of Minnesota and the state of Colorado also updated their legislation on pregnancy accommodations and sentencing reform, respectively.
All posters are required postings and must be displayed in the workplace, including, where possible, remote workplaces of employees.
The Illinois Department of Labor (IDOL) released the following posters:
This poster details the rights and protections afforded to employees who are victims of domestic violence, sexual violence, gender violence or any other violent crime, and to employees who have a family or household member who is the victim of such violence. violence. Employers must provide the following: (i) unpaid leave with guaranteed employment; (ii) reasonable accommodation; and (iii) protections against discrimination and retaliation.
The length of authorized leave in a 12-month period is based on the number of employees in a company. For example, an employee working for a company with 14 employees or less is entitled to four weeks of leave, an employee of a company with 15 to 49 employees is entitled to eight weeks of leave and an employee of a company with more than 50 employees can take up to 12 weeks.
Finally, where possible, employees must give the employer at least 48 hours’ notice of the need for a leave.
This poster summarizes employee rights in Illinois. It specifically addresses (i) minimum wage, (ii) unpaid wages, (iii) meal and rest periods, (iv) equal pay law, (v) leave for victims of violent crimes and (vi) child labor laws.
DISTRICT OF COLOMBIA
On January 14, 2022, the district’s COVID-19 poster was revised under the DC Family and Medical Leave Act (DCFMLA). the New COVID-19 Leave Notice (New Leave Notice) requires all employers with 20 or more employees to allow up to 16 weeks of leave for those employed for more than 30 days, for any of the following reasons: (a) positive COVID-19 test result 19; (b) isolation or quarantine; (c) caring for others; and (d) the closure of child care centres. Violations of leave provisions could result in fines of $1,000 per violation as well as damages described in DC Code § 32-509.
The new furlough notice only applies to employers with 20 or more employees. Thus, employers with less than 20 employees do not need to post or keep the new leave notice in the workplace.
The Minnesota Legislature amended Minnesota Code Section 181.939 to include paid lactation breaks and pregnancy accommodations.
Employers are required to grant reasonable daily breaks to “breastfeeding employees” for up to one year after the birth of a child. As of January 1, employers are prohibited from reducing an employee’s pay for “time spent expressing milk”.
Beginning January 1, the state’s pregnancy accommodations provision will apply to employers with at least 15 employees. In addition, employees may benefit from accommodation rights and protections without meeting a duration or average number of hours per week.
The Colorado State Assembly passed SB21-271 (Bill) to reform the sentencing provision for misdemeanors and misdemeanors, which will impact the penalties associated with the various employment laws. For example, effective March 1, violations of Colorado’s restrictive covenant law, CRS § 8-2-113, may expose employers to criminal liability. The same applies to violations of the Minimum Wage Act, CRS § 8-6-115. This list is not exhaustive and many employment laws have been amended to result in criminal liability. Under the bill, any violation of CRS § 8-2-113 or CRS § 8-6-115 will be a Class 2 misdemeanor carrying potential penalties in the form of jail time, fines, or both.
Currently, it is unclear how Colorado courts will enforce the misdemeanor and misdemeanor bill provisions, or how often they will be used, as there are no further guidelines in this regard for the moment.
Employers in each of the above states should be aware of new posters and legislative changes. In addition, and particularly in light of increased liability for violations of various Colorado laws, employers should consult with an experienced labor and employment attorney to ensure they are complying with all modifications.