Legislative Updates – May 11, 2021
By: Birch

Alabama

Safety Precautions

On May 3, 2021, Gov. Kay Ivey announced that the State’s COVID-19 public health order will end on May 31, 2021, and the state-of-emergency will end on July 6, 2021.

Arkansas

Unemployment Benefits

On May 7, 2021, Gov. Asa Hutchinson announced an end to the State’s participation in the federal supplemental unemployment assistance program after June 26, 2021.

California

Cal/OSHA

On May 5, 2021, the Department of Industrial Relations issued updated FAQs to assist employers with how to manage fully vaccinated employees.

California

Imperial County

On May 3, 2021, the Board of Supervisors has terminated its mask mandate for outdoor areas. However, individuals are still required to adhere to social distancing requirements.

California

City of San Francisco

On May 3, 2021, the Department of Public Health acting health officer, Dr. Susan Philip announced that fully vaccinated and unvaccinated individuals are not required to wear a face mask while engaging in outdoor activities.

 California

City of Burbank

On May 6, 2021, The City announced that their outdoor face covering mandate would end to match the guidance from the Los Angeles County Public Health Department.

California

San Diego County

On May 5, 2021, the Board of Supervisors voted to extend the prohibition on residential evictions without just cause and enact a moratorium on certain residential rent increases for an additional sixty day.

California

City of Santa Barbara

On May 4, 2021, the City council approved an ordinance requiring grocery and drug retail stores, with 300 or more employees nationwide, to pay workers an extra $5.00 per hour in hazard pay.

California

City of Solana Beach

On May 5, 2021, the City Council extended the issuance of temporary permits allowing restaurants and cafes the ability to provide dining outdoors through the end of year or until the City’s health order is cancelled.

Colorado

City of Denver

On May 6, 2021, Department of Public Health and Environment executive director Bob McDonald announced that facial masks are no longer required in public indoor spaces that have fewer than 10 people. Individuals indoors in a group with 10 or more are not required to wear a mask if 80% of them have been vaccinated. In addition, restaurant workers are not required to wear a facial mask if 85% of the workers have been vaccinated.

Delaware

Business Operations

On May 4, 2021, Gov. John Carney announced that effective May 21, 2021, all capacity restrictions inside restaurants, retail, other business establishments and houses of worship will be lifted.  Facilities will be able to use as much capacity as social distancing requirements will allow. Customers must continue to remain seated indoors and outdoors at bars and restaurants, unless a plan for dance floors and other areas is approved by DPH, and distancing of at least 3 feet should be maintained. In addition, Social distancing requirements will move from 6 feet to 3 feet.

Florida

City of Boca Raton

On May 4, 2021, spokesperson Anne Marie Connolly announced the City’s mask requirement has ended.

Florida

Leon County

On May 3, 2021, the County Commission suspended all local emergency COVID-19 orders ending the County’s mask mandate.

Florida

Monroe County

On May 3, 2021, spokeswoman Kristen Livengood announced that the County would no longer enforce its mask requirement. However, businesses have the option to require masks be worn by customers and employees.

Florida

Pinellas County

On May 4, 2021, the County announced that its facial mask requirement was terminated.

Florida

Hillsborough County

On May 6, 2021, the County Commission approved an extension of the County’s mask mandate.

Florida

Fernandina Beach

On May 6, 2021, the City Commission voted to terminate the City’s mask requirement.

Georgia

City of Savannah

On May 5th, 2021, Mayor Van Johnson extended the City’s mask requirement through May 31, 2021.

Hawaii

City of Honolulu

On May 7, 2021, Mayor Rick Blangiardi announced that the City would remain in Tier 3 of its reopening strategy for an additional four weeks.

Illinois

Safety Precautions

On May 6, 2021, Gov. J.B. Pritzker announced that the State would transition to the Bridge Phase of its reopening plan.

Illinois

Safety Precautions

On April 30, 2021, Gov. J.B. Pritzker announced that the State would not issue a vaccination passport.

Indiana

Unemployment Benefits

On May 7, 2021, Gov. Eric Holcomb announced an executive order that will reinstate the work requirement for those seeking state-level unemployment insurance benefits. Individuals requesting benefits are required to demonstrate that they are actively seeking employment and be available for work.

Indiana

Microchip Implantation

Effective July 1, 2021, the State law prohibiting microchip implantation is amended to include a definition of employer as the state, other governmental entities and any employer with one or more employees. IN H.B. 1143

Indiana

St. Joseph County

On May 4, 2021, the County Commissioners voted to ensure that individuals will not be required by government mandate or by any business to share their vaccination status.

Kansas

Travel Restrictions

On May 6, 2021, the Department of Health and Environment updated the States quarantine list to includes individuals traveling to and from Colorado.

Kansas

City of Topeka

On May 10, 2021, the City Commission voted to remove the County mask mandate effective May, 17, 2021. Businesses have the ability to request that patrons wear a mask.

Kentucky

Safety Precautions

On May 6, 2021, Gov. Andy Beshear announced that on May 28, 2021 all events and businesses with 1,000 or fewer people present can increase to 75% capacity. In addition, starting May 28, 2021, indoor and outdoor events with more than 1,000 people can be held at 60% capacity.

Kentucky

Business Operations

On May 10, 2021, Gov. Andy Beshear announced that effective May 28, 2021 restaurant and bar curfews will end. In addition, indoor and outdoor businesses, venues and events serving less than 1,000 individuals will be permitted to operate at 75% capacity.

Louisiana

Safety Precautions

On May 5, 2021, Gov. John Bel Edwards announced that the LA Wallet app was available for individuals that choose to access their COVID-19 vaccination records.

Michigan

Safety Precautions

On May 4, 2021, Department of Health and Human Services Director Elizabeth Hertel ended the State’s outdoor mask mandate unless there is a gathering of 100 or more individuals.

Minnesota

Business Operations

On May 6, 2021, Gov. Tim Walz announced that bars and restaurants no longer have to adhere to curfews and that outdoor gathering limit on gatherings of 500 or fewer people have ended.

Mississippi

CBD Solution

Effective July 1, 2021, Harper Grace’s Law is extended through July 1, 2024 allowing the possession/use of cannabidiol (CBD Solution) for medical purposes (epileptic condition or related illness). MS H.B. 119

Mississippi

Oktibbeha County

On May 3, 2021 the County Supervisors voted to terminate the County’s mask requirement. Businesses will still have the right to require mask-wearing.

Missouri

City of St. Louis

Effective immediately, the City updated its Living Wage Bulletin requiring employers with City Contracts to pay $13.73 per hour if health insurance is offered and $18.75 if health insurance is not offered.

Missouri

City of St. Louis

On May 7, 2021, Mayor Tishaura Jones signed legislation prohibiting discrimination based on hairstyles. Discrimination (employment, housing, hiring) based on an individual’s hairstyle, protective hair, or natural or cultural hair texture or style.

Montana

Unemployment Benefits

On May 4, 2021, Gov. Greg Gianforte announced the State would no longer participate in the federal unemployment program that paid unemployed workers an extra $300 per week. In addition, the State will offer $1,200 Return-to-Work bonuses for people who get off unemployment benefits after May 4, 2021 and complete four paid weeks of employment.

Montana

Military Leave

Effective immediately, the Military Service Employment Rights Act is amended to provide protections (Leave of Absence) for involuntary and voluntary service. MT H.B. 590

Montana

Missoula County

On May 10, 2021, City-County Health Officer Ellen Leahy announced that the County’s mask mandate was ended due to the County meeting its case/vaccination goals.

Nevada

Safety Precautions

On May 3, 2021, Gov. Steve Sisolak signed an emergency directive that aligns the State’s regulations with that of the CDC.

New Hampshire

Electronic Recordkeeping

Effective June 22, 2021, the State’s existing wage and hour recordkeeping statute is amended to allow for records to be made, signed, acknowledged, approved and retained electronically. NH H.B. 258

New Jersey

Business Operations

On May 3, 2021, Gov. Phil Murphy announced that indoor seating at bars would be permitted. In addition, businesses such as, restaurants, fitness centers/gyms, retail shops, hair and nail salons, barber shops, movie theaters and museums will not have to adhere to a capacity limitation if they maintain social distancing guidelines.

New Mexico

Tax Withholding

Effective July 1, 2021, the maximum amount of an employee’s disposable earnings subject to levy is no longer based on the federal minimum wage. Moving forward the amount is greater of 75%, or the amount or the amount exceeding 40 times the state minimum wage rate in effect. NM H.B. 98

New Mexico

Safety Precautions

On May 5, 2021, the Department of Health updated the statewide COVID-19 map. Two counties are at the Green Level and one county remains at the Yellow Level; zero counties are at the Red Level. The following Eight counties advanced to the least restrictive level: Bernalillo, Catron, Doña Ana, Hidalgo, Otero, Sandoval, San Juan and Valencia.

New York

Business Operations

On May 3, 2021, Gov. Andrew Cuomo announced that effective May 19, 2021, capacity restrictions on businesses such as restaurants, retailers, and personal care service businesses with social distancing guidelines in place will end. Outdoor social gathering limits increase to 500; indoor Social Gathering Limit Increases to 250 on May 10, 2021.

New York

Health & Safety Standards

On May 5, 2021, Gov. Andrew Cuomo signed the New York Health and Essential Rights Act (HERO) requiring the New York Commissioners of Labor and Health to develop a model airborne infectious disease exposure prevention standard (“Model Plan”) for employers. The Plan includes social distancing requirements, health screenings, disinfecting requirements, the designation of an employee to enforce compliance and anti-retaliation requirements. Non-adherence can bring a civil fine of at least $50 per day for failure to adopt a safety plan, $200 per day if the employer has already committed such an infraction in the past six years. An employer is subject to a fine of  $1,000 to $10,000 if they do not implement or fail to abide by the Plan, or up to $20,000 if the employer has already committed this violation at least once in the last six years. The Act becomes effective June 4, 2021.

North Carolina

City of Asheville

Effective July 1, 2021, discrimination in private employment and in public accommodations based upon any of the following: race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, veteran status, religious belief or non-belief, age, or disability is prohibited as voted upon by the City Council.

Ohio

Business Operations

On May 3, 2021, Gov. Mike DeWine announced via twitter that fully vaccinated nursing home and assisted living facility staff no longer need to submit to weekly COVID-19 testing. Non-vaccinated staff are required to be tested twice per week.

Oklahoma

Safety Precautions

On May 4, 2021, Gov. Kevin Stitt announced that the COVID-19 state-of-emergency was being terminated.

Oklahoma

Telemedicine

On May 6, 2021, Gov. Kevin Stitt signed Legislation ensuring payment parity for physicians that provide patient care through telemedicine effective November 1, 2021. OK S.B. 674

Oklahoma

Tax Garnishment

Effective November 1, 2021, employers are required to withhold the amount due within seven days after the end of each pay period or if the employee does not have regular pay periods, within 30 days after receiving an administrative wave garnishment notice from the Oklahoma Tax Commission (OTC). OK H.B. 2780

Oregon

Safety Precautions

On May 4, 2021, Gov. Kate Brown updated the county risk levels under the State’s public health framework. Effective May 7, 2021, 15 counties will return to High Risk. In total, 24 counties will be at High Risk, four at Moderate Risk, and eight at Lower Risk. A complete list of counties and their risk levels is available here.

Oregon

Safety Precautions

On May 4, 2021, the Oregon Occupational Safety and Health Administration (Oregon OHSA) announced that the State indefinitely extended workplace rules requiring employees to wear masks and maintain physical distance.

Pennsylvania

Living Donor Leave

Effective June 26, 2021, The Living Donor Protection Act requires that employers adhering to FMLA must provide eligible employees with the identical leave that they receive under FMLA for preparation and recovery associated with tissue or organ donation by an employee or dependent. PA H.B. 203

Pennsylvania

Safety Precautions

On May 4, 2021, Gov. Tom Wolf announced the termination of state-mandated capacity restrictions and distancing requirements for gatherings and events and various businesses including restaurants and bars. In addition, the Department of Health announced that the State’s mask order will be lifted when 70% of Pennsylvanians 18 and older have been fully vaccinated against the virus.

Rhode Island

Safety Precautions

The State released an updated its restriction chart.

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South Carolina

Unemployment Benefits

On May 6, 2021, Gov. Henry McMaster announced that the State would no longer participate in the federal, pandemic related unemployment benefit programs, effective June 30, 2021. Effective Programs include:

  • Pandemic Unemployment Assistance (PUA)
  • Pandemic Emergency Unemployment Compensation (PEUC)
  • Federal Pandemic Unemployment Compensation (FPUC)
  • Mixed Earners Unemployment Compensation (MEUC)
  • Emergency Unemployment Relief for Governmental Entities and Nonprofit Organizations
  • Temporary Federal Funding of the First Week of Compensable Regular Unemployment for States with No Waiting Week

South Carolina

Oconee County

On May 4, 2021, the County Council voted to end to its mask requirement.

South Carolina

Charleston County

On May 6, 2021, the County Council allowed the County’s mask mandate to expire and approved an extension of its state of emergency.

Texas

Safety Precautions

On May 5, 2021, Gov. Greg Abbott extended the State’s COVID-19 emergency until May 31, 2021.

Texas

Cameron County

On May 8, 2021, County Judge Eddie Trevino Jr. signed an order to extend the County’s mask mandate until June 7, 2021.

Utah

Safety Precautions

On May 4, 2021, the Department of Health announced that the State had met all three factors in the “endgame bill” allowing public health orders to be terminated.

Washington

Safety Precautions

On May 5, 2021 Gov. Jay Inslee announced that all Counties will remain in its current reopening position for the next two weeks.

Washington

Audio Telehealth Services

On May 7, 2021, Gov. Jay Inslee signed legislation requiring for an audio-only telehealth visit as long as the provider and patient have established a valid relationship with an in-person exam within the past year, effective Jan 1, 2023. WA H.B. 1196

West Virginia

Safety Precautions

On May 7, 2021, Gov. Jim Justice announced that effective June 20, 2021 (West Virginia Day) the State’s indoor face covering requirement would end.

Wyoming

Safety Precautions

On May 7, 2021, Gov. Mark Gordon issued a directive preventing state agencies, boards and commissions from requiring “vaccine passports” to access state spaces and state services.