NLRB Says Joint-Employer Workers Can Join Unions Without Consent of Employers

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EFFECTIVE

July 11, 2016

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Last year, we reported on the National Labor Relations Board’s (“NLRB”) controversial decision to redefine the joint-employer standard.  This year, the NLRB has reinstated a standard that allows bargaining units composed of both solely and jointly-employed workers to unionize, with or without their employer’s consent.  This would allow temporary workers who are jointly employed to more easily unionize.

Recent California Bills Signed into Law

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All Employers with California Employees

EFFECTIVE

Varies; see below

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On July 22, 2016, Governor Brown signed a number of bills into law.  The bills become effective January 1, 2017, unless otherwise noted.  Key provisions from each bill are summarized below:

California Employers Must Accommodate Non-Disabled Employees Who are Associated with Disabled Individuals

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All Employers with California Employees

EFFECTIVE

April 4, 2016

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A California Court of Appeals recently stated that employers are required to provide reasonable accommodations to individuals who are associated with a disabled individual.  In other words, reasonable accommodations must be provided not only to those who are themselves disabled, but the disabled individuals who are associated with applicants or employees.

UPDATE: San Diego’s Paid Sick Leave, Amended

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All Employers with San Diego, CA Employees

EFFECTIVE

September 2, 2016

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The City of San Diego finally certified the Minimum Wage and Sick Leave Ordinance (“Ordinance”) voters passed in June.  Though the Ordinance went into effect on July 11, 2016, there are additional pending amendments to the bill that will require a second reading before becoming effective.  The amendments are expected to become effective after the second reading, 30 days after the original Ordinance’s effective date.

The amendments cover several key areas employers had raised concerns about.

Chicago, Illinois to Require Paid Sick Leave

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Employers with at least one covered employee in Chicago, Illinois

EFFECTIVE

July 1, 2017

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The Chicago City Council recently amended the Chicago Minimum Wage Ordinance (“Ordinance”) to include paid sick leave (“PSL”), effective July 1, 2017.  Employers who do not already offer sufficient paid time off, or have not already adjusted their business policies and practices to provide paid sick leave to eligible employees, plan for compliance with the Ordinance.  A recap of key provisions of the Ordinance includes the following:

Massachusetts Significantly Boosts Pay Equity Laws and Requires Transgender Accommodations

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All Employers with Massachusetts Employees

EFFECTIVE

Varies; See below

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Governor Charlie Baker recently signed two bills that will significantly impact employer responsibilities: The Act to Establish Pay Equity, which boosts practices intended to close the gender wage gap, and the transgender public accommodations bill, which prohibits discriminatory advertising on the basis of gender identity and discrimination against transgender individuals in places of public accommodation.

Philadelphia Updates: No More Credit Checks; New Wage Theft Prevention Law

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All Employers with Philadelphia, PA Employees

EFFECTIVE

Varies; See below

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Philadelphia has recently implemented two new ordinances affecting employers: (1) an expansion of the obligations under the current anti-wage theft ordinance, and (2) the prohibition of credit checks and credit-related information when making employment decisions.

August Updates

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Varies

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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