Noteworthy Law Changes (Effective This July)
Here are some law changes you might need to know about! The first is a federal update to mileage and the rest are organized alphabetically by state so you can quickly scan the list and see if you need to update your policies and procedures!
Federal:
IRS Increases Mileage Reimbursement Rate: The Internal Revenue Service (IRS) has announced its optional standard mileage rate will increase to 62.5 cents per mile driven for business purposes. The increase takes effect on July 1, 2022.
Use of this rate is optional, though it is widely used by employers as a standard rate for calculating mileage reimbursement for employees who use their personal vehicles for business purposes.
Florida:
On July 1, 2022, a new law in Florida is scheduled to take effect that restricts employers' ability to require diversity, equity, and inclusion (DEI) training. The law is currently being challenged in court, and we anticipate a drawn-out legal saga. It could be put on hold or struck down before or after the effective date—we'll provide an update if that happens. Under the law, employers with 15+ employees are prohibited from requiring employees to attend a training, instruction, or activity that promotes any of these concepts:
A person is inherently racist, sexist, or oppressive (whether consciously or unconsciously) because of their race, color, sex, or national origin.
A person’s moral character or status as either privileged or oppressed is necessarily determined by their race, color, sex, or national origin.
Members of one race, color, sex, or national origin can’t and shouldn’t try to treat others without respect to race, color, sex, or national origin (aka being “colorblind”).
A person bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions committed in the past by other members of their race, color, sex, or national origin.
A person is responsible for or should be discriminated against because of actions committed in the past by other members of their race, color, sex, or national origin.
A person should be discriminated against to achieve diversity, equity, or inclusion.
The ideas of merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist or were created by members of one race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.
Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.
Action Items: If you’re in Florida and want to continue (or start!) DEI training, here are some ideas to consider:
Make any DEI training voluntary and don’t consider attendance as a factor in promotions or other employment decisions or benefits.
Ensure that required trainings don’t endorse any of the above concepts. The law allows trainings that present these concepts objectively—without endorsing them.
If you think that these subjects may come up at trainings or other events where attendance is mandatory (such as all-company meetings), consider working with an attorney on a general disclaimer that the company doesn’t endorse any of these concepts. Note that you don’t need to disown or discourage these views, just not endorse them at mandatory events.
Kentucky:
Kentucky has expanded its emergency responder leave law, which applies to employers of all sizes. Beginning July 13, 2022, covered first responders will be entitled to take up to 48 hours of leave immediately after a “critical incident.”
Covered first responders include volunteer firefighters, rescue squad members, emergency medical technicians, peace officers, and members of an emergency management agency.
A “critical incident” is an event that is stressful enough to overwhelm the first responder’s coping strategies. Examples of a “critical incident” include, but aren’t limited to, an officer-involved shooting or an incident involving multiple deaths or injuries in a short amount of time.
The leave can be unpaid unless a policy or contract provides for paid leave. Exempt employees must be paid in accordance with the Fair Labor Standards Act (FLSA).
Ohio:
Ohio recently amended its overtime law, effective July 6, 2022, namely the main aspects of the “Portal to Portal Act” (PPA).The PPA, as now written into Ohio law, doesn’t require employers to pay overtime for activities that are “preliminary or postliminary” to an employee’s principal activity (for example, laundering their uniform or showering at the end of the workday for their own convenience). However, Ohio adds two exceptions to this rule for its state overtime law:
First, employees must be paid overtime where the employee performs these types of activities during their regular workday or work hours.
Second, employees must also be paid overtime for activities performed at “the specific direction of the employer.” The statute provides no guidance on what qualifies as “specific direction,” and this will likely be a question in future litigation.
Virginia:
Beginning July 1, 2022, Virginia’s overtime law will again align with the federal FLSA.
Vermont:
Vermont has amended its crime victim leave law, which applies to employers of all sizes. An employee who is an alleged victim of a crime or delinquent act is now entitled to take leave to attend a related criminal proceeding they are required or have the right to attend.
Employees can also take leave if their family member is an alleged victim and:
Is a minor
Has been found to be incompetent
Was killed because of a crime, or
Was hurt physically or emotionally as a direct result of a violent crime (such as domestic assault, stalking, or human trafficking)
Employees may not take leave if they are the alleged offender.
Washington:
Washington has expanded its Paid Family and Medical Leave (PFML) to cover seven days of bereavement following the death of an employee’s minor child if the death occurs within twelve months of the child’s birth, adoption, or foster care placement. If you learn that an employee’s new child has died, you are required to provide them with a PFML notice within five business days. We anticipate the state will update the notice and poster to reflect this change.
Action Items:
Update your policies to reflect this change and inform managers.
Check for an updated poster and notice on the PFML Employer Roles and Responsibilities webpage.
EAP Participation Protected: Participation or non-participation in Employee Assistance Programs (EAPs) will be protected, so neither can be a factor in employment decisions.
Employers are also prohibited from obtaining individually identifiable information about an employee’s participation in an EAP. If an employer runs their own EAP, it’s required to keep this information confidential. However, these limitations on collection and confidentiality don’t apply to:
Attendance information if the employee was required to attend the EAP as a condition of continued employment.
Information disclosed to prevent or alleviate a threat to the health or safety of an individual or the public.
Certain disclosures required or allowed under the law, such as by licensed therapists or health care providers.