Legislative Updates By State – April 27, 2021
By: Birch

Legislative Updates

April 27, 2021

Alabama

New Hire Process

On April 25, 2021, Gov. Kay Ivey signed the Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act — or the REDEEMER Act. The Act allows individuals with certain convictions (nonviolent misdemeanor, municipal ordinance minor traffic offenses) to apply to have their records expunged if a number of conditions are met.

Alabama

Employee Classification

On April 19, 2021, Gov. Hay Ivey signed legislation ensuring that the Alabama Department of Labor (ALDOL) and Alabama Department of Revenue (ALDOR) follows the IRS’s traditional common law test (also known as the “20-factor Test”) to determine if a worker is an employee or independent contractor.

Arizona

Safety Precautions

On April 19, 2021, Gov. Doug Ducey issued an order banning “vaccine passports” and preventing state and local governments from requiring Arizonans to provide their COVID-19 vaccination status to receive service or enter an area.

Arizona

Healthcare Professional Liability

On April 9, 2021, Gov. Doug Ducey issued an executive order providing protections to health care professionals treating patients during the COVID-19 health emergency. The order also protects patients against negligence or reckless misconduct.

Arizona

City of Scottsdale

On April 20, 2021, City Council voted to adopt an anti-discrimination ordinance, which prohibits discrimination based on actual or perceived race, color, religion, sex, national origin, age, sexual orientation, gender identity, or disability. The ordinance provides a mechanism for responding to complaints of discrimination. And if discrimination occurs, violators can be subject to civil prosecution.

Arkansas

City of Little Rock

On April 20, 2021, the Board of Directors has voted to extend the COVID-19 emergency declaration through August 31, 2021. In addition, the City’s mask mandate was also extended.

Connecticut

Business Operations

Effective May 1, 2021, the restaurant, entertainment venue, recreation venue, and theater curfew is moved to 12:00 A.M. The eight-person maximum for outdoor seating is terminated. Bars without food service can open outdoors only.

Connecticut

Safety Precautions

On April 19, 2021, Gov. Ned Lamont extended the State’s COVID-19 emergency order until May 20, 2021.

Florida

City of Pensacola

On April 25, 2021, the City’s mask mandate expired without the City Council taking any action regarding an extension.

Florida

Pinellas County

On April 21, 2021, the City Council extended its local COVID-19 emergency until April 30, 2021.

Hawaii

Travel Restrictions

Effective May 11, 2021, residents traveling between islands that received vaccinations in Hawaii will be able to bypass coronavirus testing requirements.

Idaho

Unemployment Benefits

Effective April 25, 2021, the Department of Labor announced that claimants must seek work unless they are returning to work for wages (not self-employment) with an employer within 16 weeks. Work search requirements apply to regular and CARES Act unemployment insurance programs. They also apply to all claimants, including self-employed individuals.

Indiana

Starke County

On April 20, 2021, the County Health Department announced that COVID-19 cases had increased and that the County’s mask mandate was extended through May 31, 2021.

Indiana

Pregnancy Accommodation

Effective July 1, 2021, employers are required to respond to an employee’s request for an accommodation within a reasonable time frame. Providing that a request for accommodation does not require an employer to provide an accommodation for an employee’s pregnancy, or impose a duty or obligation upon the employer to provide an accommodation or an exception to the employer’s policies unless existing federal or state laws requires that an accommodation must be made. In addition, employers are prohibited from disciplining, terminating, or retaliating against an employee because the employee has requested or used an accommodation for the employee’s pregnancy. IN H.B. 1309

Indiana

St. Joseph County

On April 20, 2021, the Board of Commissioners voted to end the County’s ordinance that fines employers for non-adherence to facial mask requirements.

Kentucky

Business Operations

On April 19, 2021, Gov. Andy Beshear and Dr. Steven Stack, commissioner of the Kentucky Department for Public Health, updated Kentuckians on the state’s Healthy at Work requirements. The Healthy at Work minimum requirements list has been simplified and now applies to all businesses.

Missouri

City of Ozark

On April 19, 2021, Mayor Bradley Jackson announced that the City’s mask mandate would be rescinded on April 22, 2021.

Nevada

Safety Precautions

On April 20, 2021, Gov. Steve Sisolak approved a directive allowing county governments to assume control over most COVID-19 mitigation policies effective May 1, 2021. Each county will be able to make decisions based on what is best for their communities while considering transmission of the virus, vaccination, testing and other infrastructure needs specific to their areas.

New Mexico

Safety Precautions

Effective January 26, 2021, an employer must notify the Environment Department of the Occupational Health and Safety Bureau within four hours of notification that an employee has tested positive for COVID-19. 11.5.1 NMAC

North Carolina

Buncombe County

On April 20, 2021, the County Board of Commissioners voted to install an ordinance prohibiting workplace discrimination based on race, ethnicity and sexual orientation effective July 1, 2021.

North Carolina

City of Charlottesville

On April 19, 2021, the City Council voted to terminate its COVID-19 ordinance.

North Dakota

Safety Precautions

On April 20, 2021, Gov. Doug Burgum and Manitoba Premier Brian Pallister today announced the Essential Worker Cross-Border Vaccination Initiative, where North Dakota will administer COVID-19 vaccinations to Manitoba-based truck drivers transporting goods to and from the United States.

North Dakota

Safety Precautions

On April 21, 2021, Gov. Doug Burgum announced he is ending the State’s COVID-19 emergency order effective April 30, 2021. In addition, the governor signed legislation requiring legislative leaders to request that the governor call lawmakers for a special session if he issues a state of emergency. ND H.B. 1118

North Dakota

Employer Liability

On April 23, 2021, Gov. Doug Burgum signed legislation designed to protect healthcare providers from COVID-19 civil liability lawsuits retroactive to January 1, 2020.

Oklahoma

City of Broken Arrow

On April 20, 2021, the City Council rescinded its mask mandate that had been in place since

March 2, 2021.

Oregon

Safety Precautions

On April 20, 2021, Gov. Kate Brown announced updates to the State’s county risk levels.

Pennsylvania

City of Philadelphia

On April 22, 2021. The City Council approved a bill to prevent most businesses in the City from requiring a marijuana screening of job applicants.

Rhode Island

Safety Precautions

On April 22, 2021, Gov. Dan McKee announced in a press briefing that masks will not be required when outdoors after May 7, 2021.

Rhode Island

Business Operations

On April 22, 2021, Gov. Dan McKee announced that restaurants and fitness centers/gyms will be able to open with an 80% capacity and three-foot social distancing.

Rhode Island

Safety Precautions

On April 21, 2021, Gov. Dan McKee extended the State’s COVID-19 mask requirement until May 20, 2021.

South Carolina

Safety Precautions

On April 22, 2021, Gov. Henry McMaster extended the State’s COVID-19 emergency order until May 7, 2021.

South Dakota

Safety Precautions

On April 21. 2021, Gov. Kristi Noem issued an order preventing the use of digital or paper documentation (passport) that enables people to show proof that they’ve been vaccinated.

Utah

Employee Garnishments

Effective July 1, 2021, the State Tax Commission (STC) has the ability to continue administrative garnishment orders for employee tax debt and charges or fees with the same effect as writs of garnishment issued by a court. UT S.B. 42

Virginia

Business Operations

On April 21, 2021, Gov. Ralph Northam amended his executive order to allow individuals to be seated at bars.

Virginia

Business Operations

On April 22, 2021, Gov. Ralph Northam announced that Indoor venues will be permitted to operate at a capacity of 50% or 1,000 individuals, while outdoor venues will be permitted to operate at a capacity of 50% without number limitation. Indoor gatherings will allow for up to 100 individuals, outdoor gatherings will allow up to 250 individuals. In addition, restaurants will no longer be required to stop serving alcohol after 12:00 A.M.

Washington

Grants

On April 22, 2021, the State Legislature amended (through June 30, 2021) the State’s Paid Family and Medical Leave Act in order to provide leave assistance grants for employers and employees. Applications begin August 1, 2021.

West Virginia

Safety Precautions

On April 19, 2021, Gov. Jim Justice (R) issued an executive order clarifying which COVID-19 orders are still in effect and updated restrictions.

West Virginia

Safety Precautions

On April 21, 2021, Gov. Jim Justice announced that the State’s indoor mask requirement would be terminated when 70% of residents have received one shot of the COVID-19 vaccine.

West Virginia

City of Morgantown

On April 20, 2021, the City Council approved the Crown Act (Create a Respectful and Open World for Natural Hair) prohibiting discrimination of natural hair (braids, locks, twists, and knots).

Wisconsin

City of Manitowoc

On April 20, 2021, the Common Council voted to extend the City’s mask mandate.

Wyoming

Rental Assistance

On April 21, 2021, Gov. Mark Gordon signed legislation to enact the $200 million federal emergency rental assistance program to be used for those struggling with rent and utilities due to COVID-19. Click here for applications.

 

 

The information contained in this document is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice.