Weekly Legislative Update, June 20, 2022

OSHA's Updated Heat Illness Prevention Webpage
 
OSHA asked us to share with you its new, updated Heat Illness Prevention Webpage (see, https://www.osha.gov/heat). 
 
The webpage contains a lot of important information about heat stress, employer responsibilities, and valuable information all employees should know about heat illness. 
 
It also includes a printable fact sheet and heat stress poster for distribution and a link to important NIOSHA guidance on heat injury prevention.
 
As we are now in the hot summer months, please take time to review this important - and potentially life-saving – information and share the link with your colleagues.
     
 
All Employers Are Required to Display Federal and State Postings
 
All employers are required to post certain federal and state postings.
 
On a federal level, if an employer has less than 50 employees, they are required to post 5 notices: Fair Labor Standards Act; Employee Polygraph Protection Act; Equal Employment Opportunity; Uniformed Services Employment and Reemployment Rights Act; and Occupational Safety and Health Administration.
 
If an employer has 50 or more employees, federal law requires that they also post a notice related to the Family and Medical Leave Act.
 
Each state has varying requirements on what notices must be posted. 
 
Contact us with any questions.
     
 
New York State Legislature Passes Bill Requiring Wage Ranges in Job Postings
 
The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and maximum salary for any position that can or will be performed within the state of New York, along with a job description.
 
The Bill now goes before Governor Kathy Hochul, who is expected to sign it. If enacted, the Bill would take effect 270 days after it becomes law.
     
 
Three New Laws Affect All Tennessee Employers
 
The CROWN Act
 
  • The Act prohibits all employers from adopting a policy that prohibits an employee from wearing hair in “braids, locs, twists, or another manner” that is part of the cultural identification of the employee’s ethnic group.
  • The Act does not apply where such a hairstyle (1) would prevent a public safety employee from performing the essential functions of the job; or (2) where an employer must adhere to “common industry safety standards,” safety measures, or federal or state laws, rules, etc. relative to health or safety.
 
Veteran’s Day Holiday-Employees that are veterans must be allowed to take Veteran’s Day (November 11) as an unpaid holiday.
 
The law requires that:
 
  • Employees provide their employer with at least one month’s written notice of the intent to take the day off.
  • Employees provide their employer with proof of veteran status; and
  • The employee’s absence does not cause the employer “significant economic or operational disruption as determined by the employer.”
 
Wage and Hour
 
  • The Tennessee Integrated and Meaningful Employment Act requires that employers pay an employee who is impaired by age, physical or mental deficiency, or injury, not less than the federal minimum wage, regardless of subminimum wage authorized by federal law.
 
All three laws are effective July 1, 2022.
 
If employers have any questions or concerns, we recommend they contact us to ensure compliance.