States Across U.S. Adopt Myriad of Wage and Benefit Laws - American Society of Employers - Michael Burns

States Across U.S. Adopt Myriad of Wage and Benefit Laws

Late last year Michigan passed a minimum wage increase that increased this state’s minimum wage for the next 10 years. It also passed the Paid Medical Leave Act requiring employers with over 50 employees to provide five paid days off.Wage and Benefits Law are changing across the U.S.

However, Michigan is just following a national trend where states across the country are changing their laws by both increasing state minimum wages, adding mandated benefits, and are even enacting laws that allow local municipalities to break out local wage and benefits from the state’s laws. This is something Michigan went in the other direction on several years ago preventing further municipal living wage laws to be implemented that differed from state mandated wage and benefit levels.

Law 360 reports that so far in 2019 the following state wage and benefit laws have been enacted:

Connecticut – Connecticut enacted its progressive minimum wage increase that starts its minimum wage at $10.10/hr. this year and moves to $15/hr. by 2023.

Maine – Like Michigan, it enacted paid time off for workers starting this year. But Maine’s law applied to all employers with 10 or more employees. It caps annual paid time off at 40 hours per year like Michigan. 

Colorado – Unlike Michigan that enacted what is called a pre-emption law prohibiting localities from adopting minimum wage and other local employment laws that exceed state law, this year Colorado signed legislation freeing up local municipalities to enact whatever minimum wages they see fit.

Alabama – Law 360 reports Alabama signed legislation prohibiting employers in the state from paying their workers differently based on their race or their gender. The law also explicitly bars employers from not interviewing or hiring job seekers or otherwise retaliating against them if they decline to provide their salary history.

California – And of course California keeps its place as one of the most employee friendly states in the nation by pushing new legislation protecting “gig workers.” Legislation working its way through the California Assembly states “individuals qualify as employees — and not independent contractors — unless an employer satisfies a three-pronged test.” Those three factors hold that true independent contractors are free from the company's control, perform work outside of what the company primarily does, and run an independent business in that industry or trade, according to court filings.

Currently, the following states have enacted paid sick leave laws:  Arizona, California, Connecticut, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Rhode Island, Vermont, and Washington, as well as the District of Columbia. Additionally, a number of localities have enacted their own paid sick leave laws, including Chicago, New York City, Philadelphia, and multiple localities in California.  Regardless of Washington’s legislative intransigence, states are moving their own laws to move worker wages and benefits higher.

Additional ASE Resources
CCH HRAnswersNow - ASE members that have employees in other states can monitor law changes in ASE’s CCH HRAnswersNow library. This powerful research tool allows ASE members to research any employment law state by state and even the territories of Puerto Rico, Guam, and American Samoa. The CCH HRAnswersNow library is accessible via the ASE Member Dashboard.

 

Sources: Law 360 State Of The States: Wage, Leave Laws Gaining Steam By Vin Gurrieri  (5/31/2019); Policy Options For Dealing With The Crazy Quilt Of Paid Sick Leave Requirements May 30 2019 Article by Caroline A. Hogan

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