Cannabis Laws, Pay Equity and Paid Leave Shaped Workplace Policies in 2021

Although many HR professionals focused on managing the coronavirus crisis in 2021, they also had to keep up with evolving marijuana laws, pay equity rules and paid-leave requirements.

Here are five of the most significant SHRM Online articles on state and local workplace laws in 2021.

As the trend to legalize cannabis use continued in 2021, employers in places like New Jersey and New York had to grapple with state and local laws that now protect workers who consume recreational marijuana while off duty. Compliance is particularly complicated for multistate employers because marijuana laws are not the same in every state.

Employers have a duty to provide a safe and healthy workplace, even as they grapple with medical and recreational marijuana laws that provide employment protections. They should note that many states that provide employment protections for cannabis users have exceptions for workers in safety-sensitive roles. But what exactly is a safety-sensitive job? Employers with such roles wanted tips to help navigate the maze of marijuana laws.

To promote pay equity, Colorado passed a law requiring employers to disclose their targeted pay range in job postings. Rather than revealing such information, however, some employers decided to exclude workers in the state from their talent search. Colorado officials responded by explaining that employers covered by the Colorado Equal Pay for Equal Work Act have to post wage and benefits information for all covered opportunities (including remote jobs that can be performed anywhere), unless that work is specifically tied to a non-Colorado worksite. 

Employers have been focused on COVID-19-related leave obligations during the pandemic, but they've also had to monitor state and local paid-sick-leave laws that extend beyond the pandemic.

As federal lawmakers consider whether to raise the minimum wage to $15, many state and local wage rates have been steadily rising in recent years, and some have reached or surpassed $15 an hour. Many states and localities raised their rates in 2021 and will again in 2022.