Beginning July 1, 2024, employers across the United States will face a series of new laws impacting employment practices, focusing on areas such as background checks, data privacy, pay equity and workplace safety. These changes require immediate attention, prompting employers to update their policies and procedures to ensure adherence.
California Labor Code § 6401.9: Workplace Violence Prevention Plans
California now mandates that employers develop comprehensive workplace violence prevention plans under Labor Code Section 6401.9, integrating them into their Injury and Illness Prevention Plans. These plans must include strategies to prevent workplace violence, potentially involving thorough background checks. Additionally, employee training on these protocols is mandatory to ensure awareness and readiness. The initiative aims to enhance workplace safety by identifying and mitigating potential risks through pre-employment screening.
Colorado SB 58: Job Application Fairness Act
Effective July 1, 2024, Colorado’s Job Application Fairness Act prohibits employers from soliciting information during the initial application process that could reveal an applicant’s age, including details about educational attendance or graduation dates. This legislation aims to combat age discrimination and foster fairer hiring practices, necessitating revisions to job applications and interview procedures to comply with the law. Similar prohibitions already exist in California, Connecticut, Minnesota, and Pennsylvania.
New York City Workers’ Bill of Rights
New York City now requires employers to prominently display the multilingual “Your Rights at Work” poster and provide all employees, both current and new hires, with a copy of the Workers’ Bill of Rights on their first day. This document outlines crucial information about worker classification, job applicant rights, pay transparency, salary history bans, rights when using employment agencies, and the use of automated employment decision tools. By ensuring comprehensive employee awareness, this legislation aims to promote workplace fairness and transparency, regardless of immigration status.
South Dakota SB 12: Medical Cannabis in the Workplace
Under South Dakota’s SB 12, employers are not obligated to accommodate medical marijuana use in safety-sensitive job roles. The law affirms that employers can take adverse employment actions based on positive cannabis metabolite test results without fear of discrimination claims or wrongful termination lawsuits. This ensures employers can maintain safe and productive workplaces by enforcing drug-free policies.
Data Privacy Laws: Florida, Oregon, and Texas
Starting July 1, 2024, new data privacy laws in Florida, Oregon, and Texas will establish stringent standards for protecting consumer data collected by businesses. These laws aim to safeguard consumer privacy while providing exceptions for background checks conducted under the Fair Credit Reporting Act.
Florida SB 262: Florida Digital Bill of Rights (FDBR)
The FDBR applies to large for-profit entities in Florida handling personal data of state residents, particularly those deriving significant revenue from online ads, operating consumer-smart speaker services, or managing digital app platforms. It grants consumers rights to access, correct, delete, and opt out of personal data sales and targeted advertising. Enforcement rests with the Florida Attorney General, who can impose substantial penalties for non-compliance.
Oregon SB 619: Consumer Privacy Act (OCPA)
The OCPA applies to entities processing the personal data of Oregon residents, requiring clear privacy notices and granting consumers rights to access, correct, delete, and opt out of data sales and targeted advertising. Enforcement lies with the Oregon Attorney General, who can pursue penalties for violations.
Texas HB 4 (HB 1844): Data Privacy and Security Act (TDPSA)
The TDPSA applies to businesses processing personal data in Texas, granting consumers rights to access, correct, delete, and opt out of data sales and targeted advertising. Enforcement is overseen by the Texas Attorney General, who can seek various remedies for non-compliance.
These new laws, effective July 1, 2024, demand comprehensive updates to employer policies and practices across multiple states. Immediate action is essential to ensure compliance and mitigate potential legal risks.
