expression, COVID vaccination status, homelessness or immigration status. Laws are also being strengthened to prohibit retaliation against any employee who makes a valid discrimination or harassment claim, files a discrimination or harassment complaint with a federal or state agency, or participates in any related investigation whether internal or by legal authorities. Action: Know all the federal, state and local laws which apply to your workplace and employees. Ensure there is no adverse employment action taken based on protected characteristics. Investigate any complaints. Draft and enforce policies prohibiting discrimination, harassment, sexual harassment and retaliation. Marijuana Legalization Thirty-seven states and Washington, D.C., have legalized marijuana in some form, while nine others have decriminalized it or legalized CBD oil. Initiatives to expand the legalization of medical and recreational marijuana use are expected. The federal government is also looking into options to legalize marijuana in some form. Action: Understand the marijuana laws in your state and how they impact your policies and procedures, especially for drug testing and disciplinary action. Restrictive Covenants Federal and state governments are reviewing legislative options to limit nondisclosure, confidentiality, noncompete and non-solicitation agreements so employees have more latitude and protections, especially if little consideration is given. Action: Have any restrictive covenants regularly reviewed by legal counsel familiar with local employment law. Independent Contractors In addition to the NLRB reviewing independent contractor definitions, the Department of Labor (DOL) will join some states in refining the tests and criteria for independent contractors to ensure workers are properly classified. Action: Review all current independent contractor relationships and ensure they meet the test under state law as well as DOL and IRS regulations. Paid Leave President Biden and Congress continue to push for paid family leave and paid sick time on a federal level. In the meantime, several states have passed new paid or unpaid sick or leave laws while others are expanding leave laws currently in place. Some local governments are also passing sick leave laws which apply to their city or county. Action: Understand what sick and/or leave laws apply to your employees based on where they work. Draft procedures so all requests are handled consistently. Privacy And Data Security The protection of consumer and employee information will remain a priority for several states. We have already seen many states pass strict laws regarding how businesses and employers gather and protect information as well as actions that need to be taken if there is a breach threatening the security of that information. Action: Consult data security experts to ensure all the sensitive and confidential information you gather on customers and employees is protected. Take required actions if there is a breach. Other Regulatory Changes In addition to all of the above, we expect federal, state and local government to build on recent legislative changes including pay equity, mandatory benefits, wage theft, ban-the-box, safety and use of artificial intelligence. McAllister is a contributor for Affinity HR Group, Inc., PPAI’s affiliated human resources partner, which specializes in providing human resources assistance to associations, including PPAI and its member companies. www.affinityHRgroup.com. | APRIL 2022 | 75 THINK
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