Posted

Posted by ADP

Below is a summary of compliance requirements that took effect recently or will take effect over the next few months.

December 31, 2016:

  • New York increases minimum salary for certain exemptions. Final regulations increase the minimum salary requirement for the administrative and executive exemption based on location. The rates, effective December 31, 2016, are shown below; however, there are annual increases scheduled through 2021:
    NYC (11 or more employees) NYC (10 or less employees) Nassau, Suffolk, Westchester Counties Other NY Counties
    $825.00 per week $787.50 per week $750 per week $727.50 per week
  • New York increases minimum wage for non-exempt employees. The state’s minimum wage for non-exempt employees increases based on location. The rates, effective December 31, 2016, are shown below; however, there are annual increases scheduled through 2021:
    NYC (11 or more employees) NYC (10 or less employees) Nassau, Suffolk, Westchester Counties Other NY Counties Fast Food Workers: NYC Fast Food Workers: Other NY Counties
    $11.00 per hour $10.50 per hour $10.00 per hour $9.70 per hour $12.00 per hour $10.75 per hour

January 1, 2017:

  • Alaska increases minimum wage. The minimum wage increases to $9.80 per hour.
  • Albuquerque, NM increases minimum wage. The minimum wage increases to $8.80 per hour ($7.80 if the employer provides healthcare and/or childcare benefits to the employee and pays at least $2,500 per year for these benefits).
  • Arizona increases minimum wage. The minimum wage increases to $10.00 per hour.
  • Arkansas increases minimum wage. For employers with four or more employees, the minimum wage increases to $8.50 per hour.
  • California expands equal pay protections. New requirements regarding pay equity take effect.
  • California expands protections related to I-9 documentation. Employers are prohibited from taking certain actions, including requesting extra documentation, when verifying a new hire’s identity and work authorization.
  • California increases minimum wage. For employers with 26 or more employees, the minimum wage increases to $10.50 per hour.
  • California raises minimum pay requirements for certain exemptions.
    • Computer software employees – The minimum pay requirements increase to $42.35 per hour, $7,352.62 per month, or $88,231.36 per year.
    • Physicians – The minimum pay requirements increase to $77.15 per hour.
    • Administrative, professional, and executive employees
      • Employers with 26 or more employees: The minimum salary required increases to $840 per week (two times the state minimum wage).
      • Employers with fewer than 26 employees: The minimum salary required will remain at $800 in 2017.
  • Colorado gives employees right to access personnel files. Employers must permit employees to inspect and receive a copy of their personnel files at least annually.
  • Colorado increases minimum wage. The minimum wage increases to $9.30 per hour.
  • Connecticut increases minimum wage. The minimum wage increases to $10.10 per hour.
  • Connecticut restricts criminal history inquiries. Employers are prohibited from asking about a prospective employee’s prior arrests, criminal charges, or convictions on an initial employment application.
  • Eligible small employers can now offer Qualified Small Employer Health Reimbursement Arrangements. Eligible small employers can now offer stand-alone health reimbursement arrangements (HRAs) to employees that have purchased a health plan in the individual market, as long as certain conditions are met.
  • Florida increases minimum wage. The minimum wage increases to $8.10 per hour. For tipped employees, the minimum wage increases to $5.08 per hour.
  • Hawaii increases minimum wage. The minimum wage increases to $9.25 per hour. For tipped employees, the minimum wage increases to $16.25 per hour ($8.50 of which must be in direct cash wages).
  • Illinois expands domestic leave. Employers with fewer than 15 employees must provide up to four weeks of unpaid leave to employees who are victims of domestic or sexual violence or who have family members who are victims of such violence. Larger employers are already required to provide this type of leave.
  • Illinois requires sick leave policies to cover family members. Employers who provide sick leave must allow employees to use that leave for their covered family members’ illness, injury, and medical appointments. Note: This law doesn’t require employers to provide paid sick leave.
  • Massachusetts increases minimum wage. The minimum wage increases to $11.00 per hour.
  • Michigan increases minimum wage. The minimum wage increases to $8.90 per hour.
  • Missouri increases minimum wage. The minimum wage increases to $7.70 per hour.
  • Montana increases minimum wage. The minimum wage increases to $8.15 per hour.
  • New Jersey increases minimum wage. The minimum wage increases to $8.44 per hour.
  • Oakland, CA increases minimum wage. The minimum wage increases to $12.86 per hour.
  • Ohio increases minimum wage. The minimum wage increases to $8.15 per hour.
  • San Diego, CA increases minimum wage. The minimum wage increases to $11.50 per hour.
  • San Francisco, CA requires employers to supplement state paid family leave. When an employee receives California Paid Family Leave benefits, employers with 50 or more employees must pay the remaining portion of the employee’s normal pay (45 percent). This requirement will be phased in for smaller employers at a later time.
  • San Francisco, CA amends paid sick leave ordinance. The amendments largely parallel recent state law changes regarding paid sick leave.
  • San Jose, CA increases minimum wage. The minimum wage increases to $10.50 per hour.
  • Santa Monica, CA requires paid sick leave. Employers with 26 or more employees must allow employees to take 40 hours of paid sick leave in 2017. Smaller employers must provide up to 32 hours. These amounts increase in 2018.
  • Seattle, WA increases minimum wage. Employers with 500 or fewer employees must pay employees who work in Seattle at least $13.00 per hour. Employers can satisfy this requirement through a combination of direct cash wages (of at least $11.00 per hour), tips, and medical benefits.
  • South Dakota increases minimum wage. The minimum wage increases to $8.65 per hour. The minimum wage for tipped employees increases to $4.325 per hour.
  • Spokane, WA requires paid sick leave. All private sector employers must provide paid sick leave to employees who work at least 240 hours within Spokane during a calendar year.
  • Tennessee expands E-verify requirements. Employers with 50 or more employees must use E-verify. Employers with 5-49 employees will still have the option to either use E-Verify or request approved documents to verify a new hire’s work status.
  • Vermont requires paid sick leave. Employers with more than five employees working an average of 30 or more hours per week must provide paid sick leave.
  • Vermont increases minimum wage. The minimum wage increases to $10.00 per hour.
  • Washington State increases minimum wage. The minimum wage increases to $11.00 per hour.

January 7, 2017:

  • Maine increases minimum wage. The minimum wage increases to $9.00 per hour.

January 11, 2017:

  • Morristown, NJ requires sick leave. Employers with 10 or more employees must provide at least 40 hours of paid sick leave per year. Smaller employers must provide at least 24 hours per year. However, all employees in the child care, home healthcare, and food service industries are entitled to 40 hours of paid sick leave per year.

January 22, 2017:

  • New version of Form I-9 must be used. All employers must begin using the new version of the Form I-9, which is dated 11/14/2016.
  • Los Angeles, CA restricts criminal history inquiries. Employers are prohibited from asking about criminal history on application forms and must follow certain steps before taking adverse action based on criminal history information.

January 31, 2017:

  • California requires new annual notice. Employers must notify employees that they may be eligible for the state’s Earned Income Tax Credit in addition to the federal EITC.
  • All employers. Deadline for distributing W-2s to employees.

February 1, 2017:

  • OSHA Form 300 must be posted. Employers subject to OSHA’s posting and recordkeeping requirements must post OSHA Form 300 in the workplace from February 1 to April 30.

February 28, 2017:

  • ACA reporting due to IRS. Covered employers must file applicable forms with the IRS by February 28 (or March 31, 2017, if filed electronically).

March 2, 2017:

  • ACA reporting due to employees. Covered employers must provide annual reporting forms to employees. Note: This deadline will change to January 31 in 2018.

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