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Monday HR Minute: Trends - Part 2
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Trends in State Employment Law - Part 2

Many state and local legislatures are taking action by passing laws to clarify areas of misunderstanding and to react more quickly to the ever-changing work environment we work in and manage.  While there are many variations in the exact laws from one location to another, there are some overall trends emerging [Note: Not all laws contain all the conditions listed below]:

Paid family and/or medical leave:

  • Pay usually coordinated through insurance funded by employee deduction and/or company contribution
  • Note: Many states have similar laws regarding unpaid leave
Required sick time:
  • Offers sick time off for all employees, including part-time, based on number of hours worked and time of service
  • Delineates which companies have to provide paid vs. unpaid time based on number of employees (in state or total)
  • Requires allowing employees to use available time to care for family members who are sick or injured
Protections for victims of domestic violence, sexual assault, or stalking:
  • Allows employees to use available time off if they are a victim or if a family member is a victim
  • Provides dedicated time (paid or unpaid) to receive medical attention, counseling, attend legal proceedings, etc.
  • Incorporates “safe time” into some sick time laws allowing employees to use sick time to care for themselves or a family member who is a victim of domestic violence, sexual assault, or stalking
Pregnancy accommodation:
  • Requires that workplaces be readily accessible to provide reasonable accommodations to employees with medical needs arising from pregnancy, childbirth, or related medical conditions, including lactation
Marijuana use (recreational and/or medical use):
  • Does not permit an employee to use marijuana in the workplace just like you would not be required to allow an employee to drink on the job
  • May require companies to change drug testing standards and disciplinary policy if usage from off-hours could show up in results
Weapons:                                               
  • Some states are allowing companies to prohibit anyone (employee or third-party) from bringing a weapon on company premises regardless of any carry permit
  • Some states are making companies allow employees with concealed carry permits to keep weapons hidden in a locked personal vehicle (companies can still prohibit in building or company vehicles if properly posted)
Contact your Human Resources resource or employment attorney to clarify the requirements you need to follow.
 

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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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