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HomeHRMidterms end in marijuana, minimal wage and right-to-work modifications

Midterms end in marijuana, minimal wage and right-to-work modifications

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Voters in Maryland and Missouri handed state poll measures searching for to legalize grownup marijuana use, based on the outcomes of Tuesday’s 2022 U.S. midterm elections, including wrinkles to an already advanced compliance panorama for HR professionals.

In the meantime, marijuana legalization measures in Arkansas, North Dakota and South Dakota failed. The latter outcome marked a notable reversal, on condition that South Dakota voters initially handed a leisure legalization modification through the 2020 elections. However the state Supreme Court docket later upheld a decrease courtroom’s ruling that the 2020 poll initiative violated South Dakota regulation.

Initiative Handed (Y/N)
Arkansas Concern 4: Marijuana legalization for adults 21 years and older Y
Colorado Proposition 122: Characterizing as pure medication, and decriminalizing private use, possession, development and pure transport for individuals 21 years and older of, sure psychedelic crops and fungi Y
Maryland Query 4: Marijuana legalization for adults 21 years and older Y
Missouri Modification 3: Marijuana legalization for adults 21 years and older Y
Nebraska Initiative 433: Elevating the state’s minimal wage from $9 to $15 by 2026 and yearly adjusting the minimal wage thereafter by the price of dwelling Y
Nevada Query 2: Elevating the state’s minimal wage to $12 an hour by July 1, 2024, eradicating current annual inflation changes to the minimal wage and permitting the state legislature to go a regulation setting the speed of will increase larger than the constitutionally mandated minimal Y
North Dakota Statutory Measure 2: Marijuana legalization for adults 21 years and older N
South Dakota Initiated Measure 27: Marijuana legalization for adults 21 years and older N
Tennessee Constitutional Modification 1: Adopting a right-to-work modification to the state structure. Y
Washington, D.C. Initiative 82: Progressively eradicate the town’s tip credit score for tipped workers and lift the minimal wage for tipped workers to equal that of non-tipped workers by July 1, 2027 Y

Marijuana legal guidelines ranked as one of many 5 most difficult multijurisdictional compliance points in an Ogletree Deakins survey of in-house counsel and senior HR professionals printed in April. Office security is intertwined with marijuana legalization; a 2021 Nationwide Security Council survey discovered that one-third of workers had seen office hashish use throughout work hours, whilst lower than half of organizations surveyed had a written coverage addressing hashish.

Colorado, the primary U.S. state to legalize leisure hashish use, is poised to increase legalization to different drug classes. Voters there accredited a poll measure to categorize sure psychedelic crops and fungi — corresponding to dimethyltryptamine, or DMT, and psilocybin — as “pure medicines” and decriminalize the non-public use, possession, development and transport of such medicines for adults 21 years previous and older.

The Colorado measure comprises language indicating that it might not require employers to allow or accommodate use within the office. Equally, Missouri’s initiative seems to allow employers to self-discipline workers for on-the-job marijuana use. Attorneys who beforehand spoke to HR Dive stated that employers could must take a better take a look at their drug testing insurance policies to make sure these insurance policies deal with compliance, security and recruiting issues.

On the horizon: A brand new spherical of minimal wage will increase

With the federally mandated minimal wage stagnant at $7.25 an hour since 2009, Tuesday’s election outcomes noticed a continued pattern of voters selecting native will increase that may put native minimal wage charges above the federal minimal.

Nebraska and Nevada will each push their minimums above the $10 per hour mark inside the subsequent decade. Nebraska voters accredited a measure to incrementally elevate the state’s minimal wage to $15 an hour by 2026, with annual changes to account for inflation thereafter. In Nevada, voters accredited a measure that won’t solely enhance the state’s minimal to $12 an hour by July 2024, but additionally revise Nevada regulation to take away current provisions for annual changes and permit legislators to set will increase past the constitutionally mandated minimal.

Two extra jurisdictions voted on measures that proposed eliminating their respective tipped minimal wage provisions, also referred to as tip credit score legal guidelines. Washington, D.C., voters accredited Initiative 82, which can eradicate the town’s tip credit score by gradual will increase till July 2027, by which era the minimal wage for tipped staff will equal that of nontipped staff. Voters in Portland, Maine, rejected an analogous proposal on Election Day.

The principally optimistic outcomes for minimal wage enhance proposals will pile onto state- and local-level will increase which are already set to take impact in 2023 and past. Not less than 13 states will see their minimal pay charges enhance subsequent yr at a time when employers might have to think about rising pay as staff take care of inflation’s results.

Tennessee passes right-to-work regulation

Tennessee joined at the very least 9 different states in voting to undertake a constitutional modification prohibiting workplaces from requiring staff to hitch a union as a situation of employment, also referred to as a right-to-work modification. The Volunteer State has one of many lowest shares of unionized staff within the U.S. based on information from the U.S. Bureau of Labor Statistics, although the state has skilled a slight uptick in unionization in recent times, like different states.

Unionization has turn out to be a extra outstanding matter within the HR area, significantly given high-profile elections at corporations like Starbucks and Amazon in 2022. A U.S. Division of Labor evaluation discovered that the variety of union election petitions filed with the Nationwide Labor Relations Board rose by 58% between October 2021 and June 2022 in comparison with the identical time interval the earlier yr. An August Jobcase survey discovered {that a} majority of hourly staff would think about becoming a member of a union supplied the chance arose.


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