Final Deadline Approaches for OSHA Hazard Communication and GHS Requirements

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All Employers with Employees Assigned

to Work with Hazardous Substances

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June 1, 2016

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On June 1, 2016, the final deadline in the 4-year phase-in period for OSHA’s revisions to the hazard communication standard takes place.  These revisions, initiated in 2012 to align with the Globally Harmonized System (GHS) for the Classification and Labelling of Chemicals, required employers to train employees and implement certain safety labels in a four-phase plan.

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Ninth Circuit Rules No Tip Pooling Among Employees who are not Normally Tipped

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All Employers who Utilize Tip Pooling Arrangements in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington

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February 23, 2016

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Employers in service industries should take note of the recent decision in Oregon Restaurant & Lodging Assoc. v. Perez, where the Ninth Circuit Court of Appeals upheld a U.S. Department of Labor (DOL) regulation which states that employers cannot require tipped employees to share their tips with untipped employees.  Prior to the decision in the Oregon Restaurant case, there was an ongoing debate among District Courts in the Ninth Circuit regarding the enforceability of the DOL regulation, causing some employers to disregard the DOL regulation entirely.

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Vermont Becomes Fifth State to Pass Paid Sick Leave Law

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All Private Vermont Employers

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January 1, 2017

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On March 9, 2016, Vermont joined four other states in requiring all private employers statewide to provide paid sick leave benefits to their workers. Beginning in 2017, Vermont employees who work at least 18 hours per week will accrue three days of paid sick leave.  The law includes a phase-in period for small employers (meaning five or fewer employees), who will not be subject to the law until 2018.

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Santa Monica, CA Approves Minimum Wage Increase, New Paid Sick Leave Requirements

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All Santa Monica, CA Employers

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July 1, 2016

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Update:  The implementation of Santa Monica’s paid sick leave was later delayed until January 1, 2017. Read more about the delay here.
Beginning July 1, 2016, the City of Santa Monica will increase minimum wage for employers of 26 or more employees to $10.50 an hour.  Wages are set to increase annually through July 1, 2020, ultimately reaching $15.00 an hour.  The ordinance allows employers of less than 26 to be phased in a year later, with the first wage increase to $10.50 effective July 1, 2017.

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Work Opportunity Tax Credit Program Forms Extended, New Target Group Added

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All Employers

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December 18, 2015

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On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes (PATH) Act of 2015.  The Act retroactively reauthorizes target groups of the Work Opportunity Tax Credit (WOTC) program for a five-year period, from December 31, 2014 to December 31, 2019.  It also introduces a new target group “J,” Qualified Long-Term Unemployment Recipient.

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Oregon Minimum Wage Will Increase from 2016 to 2023

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All Oregon Employers

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July 1, 2016

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Beginning July 1, 2016, Oregon’s minimum wage will gradually increase through 2023, eventually reaching one of the highest minimum wage rates in the nation. The increased wage rage is dependent on state locations as described in the below tables:

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U.S. Department of Labor Sweeps West Coast Fast Food Businesses for Pay Compliance

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All West Coast Employers Owning a Fast Food Franchise

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Immediately

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Investigators from the U.S. Department of Labor (DOL)’s Wage and Hour Division are sweeping fast food establishments on the west coast to ensure that proper minimum wage and overtime regulations are being observed. This investigation continues to focus on establishments located in California, Oregon and Washington.

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First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions

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All Employers in Maine, Massachusetts, New Hampshire, Rhode Island

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February 12, 2016

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The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.

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New Guidance on California Employers’ Obligations to Transgender Employees

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All California Employers

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February 2016

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In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.

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U.S. EEOC Implements New Procedures For Position Statements

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January 1, 2016

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The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.

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