This document strives to provide guidance in the complex world of state-mandated laws, providing a comprehensive state-by-state analysis. The goal is to keep you informed about the evolving landscape of labor laws and regulations across the United States.
State Leave Plans
Paid leave policies vary widely across the U.S., with some states offering generous benefits and others providing minimal or no mandated leave. Here, we provide an overview of the states that have implemented their own leave plans.
1. California: Offering up to six weeks of partially paid leave for employees to care for a seriously ill family member or to bond with a new child. The program is funded through employee payroll deductions.
2. New Jersey: Provides up to six weeks of paid family leave insurance benefits. The program is funded through employee payroll deductions.
3. Rhode Island: Offers up to four weeks of paid family leave, known as Temporary Caregiver Insurance. The program is funded through employee payroll deductions.
4. New York: Provides up to 10 weeks of paid family leave, which will increase to 12 weeks by 2021. The program is funded through employee payroll deductions.
5. Washington: Offers up to 12 weeks of paid family or medical leave. The program is funded through both employer and employee contributions.
6. Massachusetts: Offering up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave in 2021. The program will be funded through employer and employee contributions.
7. Connecticut: Offering up to 12 weeks of paid family and medical leave in 2022. The program will be funded through employee payroll deductions.
8. Oregon: Offering up to 12 weeks of paid family and medical leave in 2023. The program will be funded through employer and employee contributions.
9. Colorado: Offering up to 12 weeks of paid family and medical leave in 2024. The program will be funded through employer and employee contributions.
The U.S. Department of Labor (DOL) website is a reliable and comprehensive resource where employers can find information about state leave plans for a specific state.
State Pay Data Laws
Pay data laws are designed to promote pay equity by requiring employers to disclose wage information. Below is an overview of the states that have implemented their own pay data laws.
1. California: California requires employers with 100 or more employees to report pay data by race, ethnicity, and sex across ten job categories to the Department of Fair Employment and Housing.
2. New Jersey: New Jersey requires employers to report demographic and wage information for all employees, including race, sex, job category, compensation, and hours worked.
3. Illinois: Illinois requires employers with more than 100 employees to obtain an equal pay registration certificate, which includes a statement of the employer’s policy on equal pay and an analysis of wage and wage rates.
4. Colorado: Colorado requires employers to disclose the pay range and benefits for each job posting and to make reasonable efforts to announce promotional opportunities to all current employees.
5. Maryland: Maryland requires employers with 50 or more employees to submit a gender wage differential report to the Commissioner of Labor and Industry.
6. New York: New York requires employers with 100 or more employees to report wage data by race, ethnicity, and sex across ten job categories to the Department of Labor.
7. Washington: Washington requires employers with 15 or more employees to report wage data by gender and job category to the Department of Labor and Industries.
8. Oregon: Oregon requires employers with 500 or more employees to report wage data by gender, race, ethnicity, and job category to the Bureau of Labor and Industries.
9. Alabama: Alabama requires employers with 50 or more employees to report wage data by race, sex, and job category to the Department of Labor.
10. Maine: Maine requires employers with 100 or more employees to report wage data by gender and job category to the Department of Labor.
For more information on state pay data laws, please visit the U.S. Department of Labor’s (DOL) website. The DOL provides a comprehensive database of pay data laws. You can access this database at www.dol.gov/agencies/whd/state.
State EEO Reporting
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
Employers with 15 or more employees are required to comply with EEOC laws. In addition, all employers, regardless of size, are required to comply with equal pay provisions. Employers are also required to keep employment records as specified by EEOC regulations and, in some cases, to file reports with the EEOC.
While federal EEO laws apply nationwide, many states have their own EEO laws and reporting requirements, which often extend protections beyond those provided by federal law. These state-specific requirements can vary widely, so it’s crucial for employers to understand the laws in each state where they operate. A closer look at the EEO reporting requirements in various states is provided on the subsequent page.
1. California: The Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. Employers with 100 or more employees must file an annual EEO-1 report. More information can be found on the DFEH website [here].
2. New York: The Division of Human Rights enforces New York’s Human Rights Law. Employers with 4 or more employees must comply with the law, and those with 50 or more employees must file an annual EEO-4 report. More information can be found [here].
3. Illinois: The Department of Human Rights enforces Illinois’ Human Rights Act. Employers with 15 or more employees must comply with the law, and those with 100 or more employees must file an annual EEO-1 report. More information can be found [here].
4. Texas: The Texas Workforce Commission enforces Texas’ labor laws. Employers with 15 or more employees must comply with the law, and those with 50 or more employees must file an annual EEO-4 report. More information can be found [here].
5. Florida: The Florida Commission on Human Relations enforces Florida’s Civil Rights Act. Employers with 15 or more employees must comply with the law, and those with 100 or more employees must file an annual EEO-1 report. More information can be found [here].
Please note that this is not an exhaustive list, and many other states have their own EEO reporting requirements. To make the process easier, we have compiled a list of resources where you can find state-specific EEO laws and reporting requirements:
State Labor Department Websites: Each state’s labor department website provides information about the state’s EEO laws and reporting requirements.
State Government Websites: State government websites often have sections dedicated to labor and employment laws, including EEO laws.
Legal Counsel: Legal counsel specializing in employment law can provide detailed information about EEO laws and reporting requirements in specific states.
HR Resource Center: The Insperity HR Resource Center (https://wx.myhrsupportcenter.com) provides resources and tools for HR professionals, including information about EEO laws and reporting requirements.
Remember, while these resources provide valuable information, they should not be used as a substitute for legal advice. Always consult with a legal professional when dealing with EEO laws and reporting requirements. While the federal government establishes minimum standards for employee rights and protections, many states have chosen to go above and beyond.
Please note that this is not a legally binding document. Its objective is to explain a few state-mandated laws and regulations. Remember to seek clarification from legal counsel tailored to your specific circumstances.