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Salary Transparency, EEO-1 Filing and More: State of Compliance for May 2022

Please note the list below is not intended to be comprehensive. Our team is constantly monitoring for updates that may impact organizations across the country.

In this edition of State of Compliance, your guide to the world of employment legislation, we look at changes at the federal level and across six states.

Federal HR Compliance Updates
Delaware
Georgia
Illinois
New York
Oklahoma
South Carolina

Federal HR Compliance Updates

Deadlines for EEOC filing and updated FMLA guidance top the list of this month’s nationwide employment compliance issues.

Equal Employment Opportunity Commission (EEOC):

The EEOC opened the 2021 EEO-1 Component 1 data collection portal on April 12, with a deadline of May 17 for submitting EEO-1 Component Reports. “Failure to file” notices will be sent to those who miss the deadline, and additional time to file will be provided. The late-filing deadline is June 21, 2022. Read this FAQ for more information.

Department of Labor:

The U.S. Department of Labor offers more guidance with the release of Fact Sheet #280: Mental Health Conditions and the FMLA and the Frequently Asked Questions on the FMLA’s mental health provisions. You can read more about this release here.

State

From New England to the Plains, the ever-shifting labor compliance landscape includes updates regarding paid leave, harassment prevention, salary transparency and payroll issues.

Delaware

Senate Substitute 2 for SB 1 provides 12 weeks of paid family and medical leave through the state’s paid leave trust for eligible workers who have a qualifying event. Qualifying events include caring for a new child, a worker’s own medical problems or family members’ illnesses. Payroll tax deductions are set to begin Jan. 1, 2025, and the state will start paying benefits a year later.

Georgia

Effective immediately, S.B. 331 prohibits local governments from enacting and enforcing laws regulating the work hours, schedules and output of private employees, but allows local governments to regulate the operating hours of private businesses. Local governments may still regulate the hours and schedule of their own employees.

Illinois

Effective Jan. 1, 2023, SB 3146 amends the One Day Rest in Seven Act that establishes that an employee must be allowed 24 consecutive hours of rest for every seven days worked and a meal period each day. Under these amendments, noncompliant rest periods, lunches or paid breaks can incur civil penalties of up to $500.00 per incident.

Effective July 1, a new ordinance passed by the Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment. You can read more about this ordnance and related Municipal Code amendments here.

New York

The New York City Council passed an amendment to the salary transparency law, which has pushed back its implementation date to Nov. 1, 2022. The amendment includes clarification of the law and changes regarding the “minimum and maximum annual salary or annual wage.” It also enhances a limited exception to the requirements for positions that cannot or will not be performed in New York City and creates a private right of action for employees.

Oklahoma

Effective Nov. 1, S.B. 1345 codifies an employer’s ability to establish payroll card accounts for employees who do not designate a financial institution for or consent to direct deposit.

South Carolina

Effective immediately, S. 533 bars employers from participating in the federal 14(c) waiver program, which lets employers pay below minimum wage to workers with certain types of disabilities. The law calls for ending use of the waiver program by Aug. 1, 2024, and establishes a transition task force to prevent workers from becoming unemployed. This law also contains the Employment First Initiative Act, which encourages all state agencies and political subdivisions to adopt policies that encourage competitive, integrated employment for individuals with disabilities.

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.