Important Labor and Employment Updates for 2021

HR / Workplace, News

Last year presented many challenges to employers as they grappled with the ever-changing legal landscape of COVID-era regulations and adjusted to a new reality of what workplaces might look like going forward, whether it is remote work or on-site work with more health and safety precautions.  In 2021 employers are faced with continuing to adjust to the demands of the coronavirus pandemic while simultaneously implementing policies to comply the myriad of new workplace laws.  We have assembled new laws and regulations that employers need to be aware of as they head into 2021.  While state legislatures focused much needed attention on pandemic related issues throughout most of 2020, many continued to alter their employment laws in significant ways or had new or previously passed laws that were scheduled to take effect at the start of 2021.

Some of the most prominent trends at the state and local level include creating or expanding paid leave benefits, pay equity, and anti-discrimination rules; restricting criminal background checks; and either ended or extended some temporary exemptions put in place due to the coronavirus pandemic.  Employers should review these developments and consider updating their policies and procedures accordingly.  Following are a list of topics that will be discussed in more detail throughout below:

  • Minimum Wage Increases. Although he federal minimum wage will remain the same this year, many states and localities across the country have implemented increases to their minimum wages.  The minimum wage for federal contract workers increased to $10.95 per hour.  As a general reminder, where a state or locality has implemented a minimum wage rate that is higher than the federal rate, covered employers are required to pay the higher rate.
  • Increases in Minimum Salary Threshold for White Collar Exemptions. Employers should continue to pay attention to states, where the so-called “white collar” exemption salary threshold for overtime pay exceeds the federal minimum salary level of $35,568 annually.
  • EEO-1 Reporting. The Equal Employment Opportunity Commission (“EEOC”) postponed its annual collection of EEO-1 demographic data until 2021 in light of the circumstances surrounding the COVID-19 outbreak.  Unless there are further delays, all covered employers (those with at least 100 employees) should expect to file their 2019 and 2020 EEO-1 demographic data as early as March.
  • Equal Pay. State laws continue to expand prohibitions of sex-based wage discrimination.  The laws differ from state to state and employers need to make sure they are in compliance.
  • Predictive Scheduling. Employers should be aware of laws that require them to post employee work schedules a fixed number of days in advance of when the work is to be performed.
  • Anti-Discrimination and Accommodation Laws. There are several new anti-discrimination, harassment, and accommodation laws now in effect.  Several states or localities have adopted anti-discrimination laws based on hairstyles and hair textures associated with race.  Some states and localities have implemented accommodation laws related to pregnancy and lactation.
  • “Ban the Box.” A majority of states and more than 150 municipalities adopted “ban the box” laws that prohibit employers from asking job applicants about their conviction or arrest records on their initial application.
  • Paid Leave Laws. States and localities continue to pass generous paid family and medical leave and paid sick laws.
  • Voting Leave Laws. Although the closely monitored elections from 2020 may be over, state law changes to voting leave likely are not.  Some states have amended voting leave laws to allow for paid time off so that employees can vote.
  • Marijuana and the Workplace. Five more states have legalized recreational and/or medical use of marijuana.  The legalization of marijuana poses certain challenges to employers who maintain workplace drug and alcohol policies, as well as drug testing programs.  Employers should examine their policies and programs to make sure they adhere to the jurisdictional laws where they operate and balance workplace safety with these laws in order to avoid potential liability.
  • Independent contractor status. The standards around who can properly be considered an independent contractor continue to evolve.  This year, several states updated independent contractor standards for various industries or agencies.  The Department of Labor published a final rule on January 7, 2021, clarifying the standard for classifying workers as employees or independent contractors under the Fair Labor Standards Act.  The final rule is scheduled to go into effect on March 8, 2021.
  • COVID-19 Related Laws. Some states have new laws, spurred by the COVID-19 pandemic, to protect workers’ health and the safety of their co-workers.

Additionally, we have provided full list of minimum wage increases state by state.  Select the state below to jump to more information on their new or updated labor and employment laws.

California Colorado Connecticut
Georgia Hawaii Illinois
Iowa Louisiana Maine
Maryland Massachusetts Minnesota
Missouri Montana Nevada
New Jersey New York Oregon
Virginia Washington Washington D.C.

 

California

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 973 Pay Data Reporting On or before March 31 each year, a private employer that as 100 or more employees are required to submit a pay data report to the California department of Fair Employment and Housing.  The report must contain certain wage information for specified job categories by race, ethnicity, and sex. 1/1/2021
SB 1383 California Family Rights Act This expands the California Family Rights Act coverage to employers of five or more employees.  It also expands categories of family members covered by the Act’s leave policy to include grandparents, grandchildren, and siblings.  Additionally, of both parents are employees, employers must now provide both of them with up to 12 weeks of bonding leave.  The new law also repeals the New Parent Leave Act because the amendments expanded the Act to now cover smaller employers and subsumes these requirements. 1/1/2021
SB 1384 Representation for Financially Disabled Persons in Arbitration This law expands the Labor Commissioner’s representation in arbitrations for claimants who cannot afford counsel.  It also requires employers to serve petitions to compel arbitration on the Labor Commissioner and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. 1/1/2021
AB 323 Independent Contractors Newspaper carriers have another year in which they are exempt from the ABC test. 1/1/2021
AB 685 COVID-19 Employers are required to:

·       Provide written notification to all employees at an exposed worksite of potential exposure to COVID-19 within one business day of notice of potential exposure, and

·       Notify local public health agencies within 48 hours of become aware of three or more confirmed cases of COVID-19 within a two-week period among employees who live in different households.

The law allows California’s Division of Occupational Safety and Health to issue orders to shut down entire worksites that expose employees to an imminent hazard related to COVID-19.

1/1/2021
AB 979 Diversity on Corporate Boards Publicly held domestic or foreign corporations with principal executive offices in California are required to have at least one director from an underrepresented community by the end of 2021 and additional directors from an underrepresented community by the end of 2022. 1/1/2021
AB 1281 Privacy Human Resources data is excluded for an additional year from coverage under the California Consumer Privacy Act. 1/1/2021
AB 1512 Rest breaks for Security Guards This law allows employers to require that security guards who are covered by a collective bargaining agreement, and paid at least one dollar more than minimum wage, remain on premises and on call during rest breaks. 1/1/2021
AB 1731 Work Sharing Plans This automates parts of California’s work sharing program. 1/1/2021
AB 1864 Whistleblowing This prohibits adverse action against employees who have filed any proceeding under the Consumer financial Protection law. 1/1/2021
AB 1947 Statute of Limitations for Labor Code Complaints A person who believes that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the Department of Labor Standards Enforcement within one year after the alleged violation.  Attorney’s fees for successful plaintiffs are also now authorized. 1/1/2021
AB 1963 Child Abuse and Neglect Reporting Certain individuals are required to report suspicions of child abuse to the proper authorities.  Human resource professionals who work for businesses that employ five or more employees and employ minors are added to the list of mandated reporters.  Under this law, mandated reporters must receive required training and written statements of these obligations. 1/1/2021
AB 2017 Kin Care The designation of sick leave for kin care purposes is at the “sole discretion” of the employee.  Employees must still be permitted to use all their mandatory paid sick time to care for a family member.  The kin care law only applies to additional sick leave time voluntarily provided by an employer where the employer limits the amount of that additional time that an employee may use to care for family members. 1/1/2021
AB 2143 Settlement Agreements in Employment Disputes This amends California’s Code of Civil Procedure section 100.2 to permit a no-rehire provision if the aggrieved party has engaged in criminal conduct.  For the sexual harassment, sexual assault, or criminal conduct exception to apply, an employer must have made a documented in good faith a determination of such conduct before the aggrieved party filed the claim against the employer. 1/1/2021
AB 2231 Public Works This law lowers the threshold for qualifying as a public works project for purposes of the minimum wage. 1/1/2021
AB 2399 Paid Family Leave California’s Paid Family Leave expanded the Family Temporary disability Insurance program.  The law now permits taking time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of an individual’s spouse, domestic partner, child, or parent in the U.S. Armed Forces. 1/1/2021
AB 2479 Rest Breaks for Petroleum Facility Safety-Sensitive Employees This law allows an employer to require that employees in safety-sensitive positions at petroleum facilities who are covered by collective bargaining agreements, and paid at least 30% more than the state minimum wage, to remain on premises an on call during rest breaks. 1/1/2021
AB 2537 PPE Supplies for Acute Care Hospitals Acute care hospitals are required to supply PPE to employees who provide direct patient care and ensure that employees use PPE.  Acute care hospitals must maintain a three-month supply of PPE and provide an inventory of PPE to the Division of Occupational Safety and Health upon request beginning 4/1/2021. 1/1/2021
AB 2588 Health Care Worker Training Acute care hospitals are required to reimburse certain training expenses of employees and job applicants. 1/1/2021
AB 2992 Paid Time Off for Crime Victims This amends the California Labor Code to provide victims of violent crimes and families of homicide victims with expanded job-protected, unpaid leave.  In addition to protections for victims of domestic violence, sexual assault, or stalking, the law now prohibits discharging, discriminating against, and retaliating against employees who take time off because they are victims of “other crime or abuse. . .that caused physical injury or that caused mental injury and a threat of physical injury” or when “a person whose immediate family member is deceased as the direct result of the crime.”  The law also prohibits employers with 25 or more employees from discharging, discriminating, or retaliating against employees who are victims of covered crimes for taking time off to seek medical care, counseling, or other related services. 1/1/2021
AB 3075 Report of Wage and Hour Violations Corporations are required to register with the state information regarding violations of wage orders or the Labor Code. 1/1/2021
AB 3372 Employment Taxes This permits any notice or document required to terminate, modify, or release an earnings withholding order for taxes to be served by electronic transmission. 1/1/2021

 

Colorado

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB20-205 Paid Sick Leave All employers with 16 or more employees must grant paid sick leave to employees.  Starting January 1, 2022, paid sick leave obligations will apply to all employers, regardless of size.  Employees can accrue at least one hour of paid sick and safe time leave for every 30 hours they work, up to a maximum of 48 hours per year.  See guidance from the Colorado Department of Labor and Employment (“CO DLE”) for more information. 1/1/2021
SB20-205 Public Health Emergency Paid Sick Leave (“PHEL”) As a result of the ongoing COVID-19 public health emergency, employers of all sizes must provide employees access to up to 80 hours of PHEL.  See guidance from CO DLE. 1/1/2021
SB 20-170 Unemployment Compensation & Eligibility Employees forced to leave work for domestic violence related safety reasons may still be eligible for unemployment benefits.  This law also expands definitions of family members and permits severance pay to be deducted from unemployment compensation. 1/1/2021
SB19-085 Equal Pay for Equal Work Act This law mandates transparency in wages and notice to employees of promotional opportunities, which must include the hourly or salary compensation, or, at the very least, a pay range.  The law also prohibits discrimination based on sex and gender identity, and bans employers from seeking salary history or criminal history from job applicants.  See CO DLE guidance for more information. 1/1/2021
COMPS #37 Wages COMPS #37 incorporates and updates to Colorado’s exemptions from state minimum wage and overtime requirements. 1/1/2021

 

 

Connecticut

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

P.A. 19-25 Paid Family and Medical Leave Employees must make quarterly payroll contributions, at one-half of one percent of wages, to the Connecticut Paid Leave Authority trust fund.  Connecticut employers are not responsible for making any contributions to the program.  Benefit payments for approved paid leave applications will begin in January 2022, though employers must begin payroll deductions to fund the program starting January 2021.  See the Connecticut Paid Leave website for more information. 1/1/21

 

Georgia

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 288 Criminal Background Checks This law provides for the expungement of certain misdemeanor convictions and provides liability protection for employers.  It also prohibits introduction of criminal history information of any employee in an action against an employer based upon the conduct of such employee under certain circumstances. 1/1/2021
SB 443 Wage & Hour Garnishments This limits the maximum amount of wages that are subject to garnishment for specified educational or student loans to 15 percent of an individual’s weekly disposable earnings. 1/1/2021

 

Hawaii

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 2638 Protected Time Off Related to Domestic Violence SB 2638 amends Section 378-2 of Hawaii’s Revised Statutes by changing the types of documents an employer may request of an employee to verify that the employee is a victim of domestic or sexual violence. 1/1/2021

 

Iowa

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 2296 Independent Contractors When Performing Services While Operating Certain Vehicles This establishes the circumstances under which certain independent contractors are not considered employees for purposes of various laws. 7/1/2021

 

Illinois

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

O2019-3928 Predictive Scheduling (Chicago) Chicago’s Fair Workweek Ordinance applies to employees making equal to or less than $26/hour or $50,000 annually.  The ordinance requires certain employers with at least 100 employees globally to, among other things:

·       Provide written work schedules at least 10 days in advance;

·       At the time of hire, give written, good faith estimates of projected days and hours of work;

·       Post schedules at least 10 days prior to the first day of scheduled work;

·       Advise employees in writing within 24 hours of any schedule change;

·       Provide employees the right to decline previously unscheduled hours.

1/1/2021

 

Louisiana

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 68 Employee Definitions Provides the definitions of “employee” and “independent contractor” and excludes independent contractors from the definition of “employment” for the purpose of unemployment benefits. 1/1/2021

 

Maine

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

LD 369

(SP 110)

Earned Employee Leave Entitles employees to accrue one hour of paid leave for every 40 hours worked, up to 40 hours per year.  Employees can use this benefit for any reason, including, but not limited to, emergencies, illness, sudden necessity, or planned vacations.  This applies to employers with more than 10 employees.  More on the rules found here and see row below. 1/1/2021
12-170

Ch. X

Rules Governing Earned Paid Leave This creates procedures for accruing paid leave, providing notice of the need to use leave, scheduling use of leave, and penalizing denial of paid leave. 1/1/2021

 

Maryland

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

Montgomery County Bill 12-19 Wage & Hour – Scheduling Building maintenance workers working for a covered employer are entitled to a minimum workweek of at least 30 hours per week unless the employee is taking certain types of covered leave. 1/1/2021

 

Massachusetts

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

HB 4640 Paid Family and Medical Leave Workers are eligible to take paid family leave to bond with a newborn, newly adopted child, or new foster child.  Additionally, workers may take:

1.       Paid family leave to care for a sick family member and/or manage family affairs for a family member if that family member is on active military duty in a foreign country, and

2.       Medical leave to manage a personal illness or serious injury.

Beginning July 1, 2021, paid family and medical leave benefits will become available to care for any covered family member with a serious health condition.  See here for more information.

 

 

Minnesota

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

Ord. No 2020-040 Freelance Worker Protections (Minneapolis) This Ordinance creates protections for freelance workers.  It mandates, among other requirements, that contracts for service worth $600 or more be reduced to writing and paid in a timely manner.  Hiring parties that fail to follow the Ordinance’s requirements may be subject to penalties, fines, and damages. 1/1/2021

 

Missouri

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

St. Louis Ord. No 71074 Ban the Box Employers with 10 or more employees in the City of St. Louis are prohibited from basing job hiring or promotion decision on an applicant’s criminal history or inquiring about the applicant’s criminal history until after it has been determined that the applicant is otherwise qualified for the position.  However, employers are permitted to use criminal history in hiring and promotion decisions if they can demonstrate the employment-related decision is based on all information available, and the criminal history is reasonably related to, or bears upon, the duties and responsibility of the position. 1/1/2021

 

Montana

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

I-190 Marijuana The use and possession of up to one ounce of marijuana is legal by all persons who are at least 21 years old. 1/1/2021

 

Nevada

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 481 Health Insurance Benefits This establishes requirements for obtaining a certificate of authority for self-funded multiple employer welfare arrangements. 1/1/2021
SB 119 Safety Training This expands mandatory safety training to include employees performing work at sites primarily used for trade shows, conventions, and related activities. 1/1/2021

 

New Jersey

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

Public Question 1 Marijuana The use and possession of marijuana is legal by all persons who are at least 21 years old. 1/1/2021
Senate, No. 3170 NJ WARN Act The Millville Dallas Airmotive Plan Job Loss Notification Act (known as the WARN Act) was modified to, among other things, require payment of severance to eligible employees who suffer an Act covered termination of employment and to require 90 days’ notice of such terminations. 4/22/2021

 

New York

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

SB 4883 Paid Sick Leave Employees began to accrue paid sick leave on September 30,2020, and, effective January 1, 2021, they became eligible to use their accrued leave.  See here for the NY Department of Labor’s proposed regulations. 1/1/2021
SB 8091 Paid Family Leave Paid Family leave benefits in New York increased from 10 weeks, capped at 60 percent of the statewide average weekly wage, to 12 weeks, capped at 67 percent of the statewide average weekly wage. 1/1/2021
Assembly Bill A5240A Gender-Neutral Single-Occupancy Bathrooms New York State’s Civil Rights Law and Education Law were amended to make all single-occupancy bathrooms located in public places, including schools, restaurants, bars, and other establishments, gender-neutral. 3/23/2021
SB 2328 Wage Payment- Pay Stubs This enables employees who have chosen direct deposit to receive electronic confirmation of the direct deposit in lieu of paper pay stubs.  The electronic confirmation would contain all the information that would otherwise be included in a pay stub. 4/5/2021
Int. No. 2032-A Earned Sick and Safe Time

(New York City)

The Earned Sick and Safe Time Act was amended to align with the New York Paid Sick Leave Law as to employer size and income thresholds for determining an employer’s safe and sick leave obligations.  The Act amendments also added a requirement that employers provide the amount of each employee’s accrued and used sick and safe leave and the employee’s remaining leave balance on the employee’s pay stubs, or in a separate writing provided to the employee each pay period. 1/1/2021
Int. 1314-A Ban the Box

(New York City)

This law expands job applicants’ protections under New York City’s Fair Chance Act (FCA), otherwise known as “ban the box.”  The new law:

·       expands the scope of the FCA protections to include pending arrests and other “criminal accusations;”

·       requires the same FCA protections for current employees as applicants, and;

·       prohibits at any time – even after an employer makes a conditional job offer – inquiries related to non-pending arrests and criminal accusations, adjournments in contemplation of dismissal, youthful offender adjudications, and certain sealed convictions, even after an employer makes a conditional job offer.

7/28/2021

 

Oregon

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

Measure 110 Decriminalization of Controlled Substances Oregon became the first state to decriminalize the personal, non-commercial possession of small amounts of Schedule I-IV controlled substances, including heroin, cocaine, and methamphetamines.  The measure is silent with respect to employment, and, therefore, does not currently impose additional obligations on employers. 2/1/2021
Portland Ord. No. 190114 Privacy – Surveillance This ordinance prohibits the use of facial recognition technology by private entities in places of public accommodation.  The ordinance is limited to the City of Portland. 1/1/2021

 

Virginia

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

HB 1407 Independent Contractors This law prohibits misclassification of workers as independent contractors and imposes certain penalties for such misclassification.  The law also creates a presumption that a worker is an employee unless either party proves that the worker is an independent contractor based on an application of the Internal Revenue Service’s guidelines. 1/1/2021
SB 480 Non-Compete Agreements This law bans agreements with “low wage” employees entered into on or after July 1, 2020, that restrain, prohibit, or otherwise restrict workers’ ability to compete with former employers after termination of employment.  It also imposes a civil penalty. 1/1/2021
HB 874 Cell Phones and Texting This law prohibits holding a handheld personal communications device while driving a motor vehicle.  Exceptions to this law include emergency situations and personnel employed by certain emergency services. 1/1/2021

 

Washington

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

HB 1450 Non-Compete Agreements This law modified Chapter 49 of the Revised Code of Washington, the non-compete law.  Specifically, the amendments deter overly broad agreements, set income thresholds and an 18-month duration, require mandatory “garden leave,” prohibit out-of-state forum selection clauses, and set disclosure requirements.  The income threshold of $100,000 increased to $101,390 for employees.  For contractors, the income threshold of $250,000 increased to $253,475. 1/1/2021
HB 1645 Criminal Background Checks This law prohibits denying employment to a care provider or licensing to an early childhood educator where a background check reveals that the individual has a finding of child abuse or neglect in their record, but has since obtained a certificate of parental improvement, as defined in the new chapter. 1/1/2021
Seattle Council Bill No. 119810 Employment Taxes This law imposes a local payroll tax on employers engaging in business within the City of Seattle. 1/1/2021

 

Washington, D.C.

 

Law

 

 

Main Topic

 

Summary

 

Effective Date

 

B23-0494 Ban on Non-Compete Agreements This law prohibits the use and enforcement of non-compete agreements for all employees except certain highly paid physicians. 3/19/2021

 

2021 Minimum Wage Increases

Jurisdiction  2020 Minimum Wage  2021 Minimum Wage
Alaska $10.19 $10.34
Arizona $12.00 $12.15
Flagstaff, AZ $13.00 $15.00, or $2 above state minimum wage, whichever is greater
Arkansas $10.00  $11.00
California $12.00 – 25 or fewer employees

$13.00 – 26+ employees

$13 per hour for employers with 25 or fewer employees

$14 per hour for employers with 26 or more employees

Belmont, CA $15.00 $15.90
Berkeley, CA $16.07 No update provided yet, eff. 7/1/2021
Cupertino, CA $15.35 $15.65
Daly City, CA $13.75 $15.00
El Cerrito, CA $15.37 $15.61
Emeryville, CA $16.84 No update provided yet, eff. 7/1/2021
Los Altos, CA $15.40 $15.65
Los Angeles City, CA $15.00 (26+ employees)

$14.25 (25 or fewer)

$15.00 (26+ employees)

$15.00 (25 or fewer), eff. 7/1/2021

Los Angeles County, CA $15.00 (26+ employees)

$14.25 (25 or fewer)

$15.00 (26+ employees)

$15.00 (25 or fewer), eff. 7/1/2021

Malibu, CA $15.00 (26+ employees)

$14.25 (25 or fewer)

$15.00 for all employers, eff. 7/1/2021
Menlo Park, CA $15.00 $15.25
Milpitas, CA $15.40 No update provided yet, eff. 7/1/2021
Mountain View, CA $16.05 $16.30
Oakland, CA $14.14 $14.36
Palo Alto, CA $15.40 $15.65
Pasadena, CA $15.00 (26+ employees)

$14.25 (25 or fewer)

$15.00 (26+ employees)

$15.00 (25 or fewer), eff. 7/1/2021

Petaluma, CA $15.00 (26+ employees)

$14.00 (25 or fewer)

$15.20 for all employers, regardless of size
Redwood City, CA $15.38 $15.62
Richmond, CA $15.00 $15.21
San Diego, CA $13.00 $14.00
San Francisco, CA $16.07 No update provided yet, eff. 7/1/2021
San Jose, CA $15.25 $15.45
San Mateo, CA $15.38 $15.62
Santa Clara, CA $15.40 $15.65
Santa Monica, CA $15.00 (26+  employees)

$14.25(25 or fewer)

$15.00 (all employees), eff. 7/1/2021
Sonoma, CA $13.50 (26+ employees)

$12.50 (25 or fewer)

$15.00 (26+ employees)

$14.00 (25 or fewer)

Sunnyvale, CA $16.05 $16.30
Colorado $12.00 $12.32
Denver, CO $12.85 $14.77
Connecticut $12.00, eff. 9/1/2020 $13.00, eff. 8/1/2021
Florida $8.56 $8.65, eff. 1/1/2021

$10.00, eff. 9/30/2021

Illinois $10.00 $11.00
Chicago, IL $14.00 (for employers of 21+)

$13.50 (for employers 4 to 20)

$15.00 (for employers of 21+), eff. 7/1/2021

$14.00 (for employers 4 to 20 ), eff. 7/1/2021

Cook County, IL $13.00 $13.00 (no increase listed, several municipalities have opted out and are subject to IL minimum wage), eff. 7/1/2021
Maine $12.00 $12.15
Maryland $11.00 $11.75 (15+ employees)

$11.60 (14 or fewer)

Prince George County, MD $11.50 $11.50
Montgomery County, MA 14.00 (51+ employees)

$13.25 (11-50 employees)

$13.00 (10 or fewer)

$15.00 (51+ employees), eff. 7/1/2021

$14.00 (11-50 employees), eff. 7/1/2021

$13.50 (10 or fewer), eff. 7/1/2021

Massachusetts $12.75 $13.50
Michigan $9.65 $9.87
Minnesota $10.00 for large employers (annual gross sales of $500,000 or more)

$8.15 for small employers

$10.08 for large employers

 

$8.21 for small employers

Minneapolis, MN $13.25 (100+ employees)

$11.75 (fewer than 100)

$14.25 (100+ employees), eff. 7/1/2021

$12.50 (fewer than 100), eff. 7/1/2021

St. Paul, MN $12.50 for macro businesses (more than 10,000 employees)

$11.50 (101 to 10,000 employees)

$10.00 (6 to 100 employees)

$9.25 (5 or fewer)

$12.50 for macro businesses (more than 10,000 employees), eff. 7/1/2021

$12.50 (101 to 10,000 employees), eff. 7/1/2021

$11.00 (6 to 100 employees), eff. 7/1/2021

$10.00 (5 or fewer), eff. 7/1/2021

Missouri $9.45 $10.30
Montana $8.65 $8.75
Nevada $8.00 (for employers offering specified health benefits)

$9.00 (for all other employers)

$8.75 (for employers offering specified health benefits), eff. 7/1/2021

$9.75 (for all other employers), eff. 7/1/2021

New Jersey $11.00, for most employers

$10.30, small employers (fewer than 6 employees, seasonal employees)

$12.00, for most employers

$11.10, for small employers

 

New Mexico $9.00 $10.50
Santa Fe, NM $12.10 No update provided yet, eff.  3/1/2021
New York  $11.80 $12.50, eff. 12/31/2020
New York City, NY $15.00 $15.00
Nassau, Suffolk, Westchester, NY $13.00 (increasing to $14.00 on Dec. 31, 2020) $14.00 (increasing to$15.00 by Dec. 31, 2021)
Ohio $8.70 $8.80
Oregon $12.00 $12.75, eff. 7/1/2021
Portland, OR $13.25 $14.00, eff. 7/1/2021
Non-Urban Counties, OR $11.50 $12.00, eff. 7/1/2021
South Dakota $9.30 $9.45
Vermont $10.96 $11.75
Virginia $7.25 $9.50, eff. 5/1/2021
Washington $13.50 $13.69
Seattle, WA $15.75 (500 or fewer employees)

$13.50 (500 or fewer and money plus tips and benefits paid by employer)

$16.39 (more than 500 employees)

 

$16.69 (500 or fewer employees)

 

$15.00 (500 or fewer, plus tips and benefits paid by employer)

 

$16.69 (more than 500 employees)

 

This document has been provided for informational purposes only and is should not be construed to constitute legal advice.  Please consult your attorney if you have questions regarding policy implementation or how changes in the law may impact your business.

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