May 2016 – ManagEase

New Federal Overtime Rules Mean Changes to Classification of Exempt Workers in All States

May 23, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

December 1, 2016

QUESTIONS?

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(888) 378-2456

The U.S. Department of Labor (“DOL”) recently released the long-awaited Final Rule (“Rule”) changing overtime exemption requirements under the Fair Labor Standards Act (“FLSA”) affecting all states. Employers need to review employee classifications for possible changes in preparation of the December 1, 2016 deadline.

California Expands Laws Prohibiting Workplace Smoking

May 9, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All California Employers

EFFECTIVE

June 9, 2016

QUESTIONS?

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(888) 378-2456

On May 4, 2016, Governor Brown signed a number of bills that impact employees’ ability to smoke. Going into effect in just one month, these bills will require employers to review their smoking policies and potentially make significant changes to workplace procedures.

OSHA Issues Final Rule on Silica Standards

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

OSHA has released its final rule prescribing the regulations and effective dates for its new regulations on exposure to respirable crystalline silica. Silica dust—which workers may be exposed to by breathing in dust produced by drilling, cutting, crushing or grinding silica-containing materials such as stone or concrete—can cause severe health issues, such as lung cancer, silicosis, and kidney disease. OSHA’s new measures are intended to provide better protections by limiting exposure.

Key components of the rule are as follows:

Union Updates: Employers Required to Disclose Consultants/Attorneys; “Fair Share” Fees Persist

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Varies; See Below

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This HR Alert covers the following topics:

U.S. Department of Labor Requires Employers to Disclose Consultants/Attorneys Hired to Respond to Union Activity
Supreme Court Deadlocked on “Fair Share” Fees

California Approves First Statewide $15.00 Minimum Wage in the Nation

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All California Employers

EFFECTIVE

January 1, 2017 and Annually

QUESTIONS?

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(888) 378-2456

On April 4, 2016, Governor Brown signed into law an annual, statewide minimum wage increase, which will ultimately result in a $15.00 minimum wage by January 1, 2022. The first increase will occur on January 1, 2017. Thereafter, wage increases will occur on January 1 of each year according to the table below. Smaller businesses of 25 or fewer employees will have an additional year to phase in.

Los Angeles, CA Tentatively Approves Ordinance for Expanded Paid Sick Leave

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Los Angeles, CA Employers

EFFECTIVE

Expected July 1, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Los Angeles City Council voted 13-1 to approve a new ordinance that would expand Los Angeles employees’ paid sick leave rights. Currently, the California statewide Paid Sick Leave Law requires employers to provide a minimum of 3 paid sick days to all employees. The new ordinance doubles the statewide minimum, requiring Los Angeles employers to provide at least 6 days of paid sick leave.

San Francisco, CA to Require 6 Weeks of Fully Paid Parental Leave

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All San Francisco, CA Employers of 20+ Employees

EFFECTIVE

Varies Based on Company Size

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Beginning January 1, 2017, San Francisco employers of 50 or more must begin providing a “Supplemental Contribution” alongside California’s Paid Family Leave program. The current California Paid Family Leave program, which is worker-funded, provides employees up to 55% of their regular wages for 6 weeks, with a maximum cap of $1,129 per week.

San Francisco’s new bill requires employers to pay the employee up to the remaining 45% of their wages during the 6 week leave, equaling 100% of the employee’s gross weekly wage, when combined with the statewide benefit. The Supplemental Contribution will be proportionately capped by reference to the state maximum weekly benefit. In passing this legislation, San Francisco has become the first city in the United States to require fully paid parental leave.

California Supreme Court Issues Guidance on Employer-Provided Seating Requirements

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All California Employers

EFFECTIVE

April 4, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Ninth Circuit requested guidance from the California Supreme Court on suitable workplace seating requirements in response to two pending cases (Kilby v. CVS Pharmacy and Henderson v. JPMorgan Chase Bank). The California Supreme Court recently provided an opinion on the Wage Order provision that states: “all working employees shall be provided with suitable seats when the nature of the work reasonable permits the use of seats.”

The questions asked by the Ninth Circuit, and the Supreme Court’s responses, are as follows:

New York Introduces Paid Family Leave and $15.00 Statewide Minimum Wage

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All New York Employers

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On March 31, 2016, New York Governor Cuomo signed the 2016-2017 State Budget, which includes two components that will heavily affect New York Employers: the Paid Family Leave Benefits law and $15.00/hr statewide minimum wage.

New York City, NY: Newly Adopted Rules Amend the Earned Sick Time Act

May 2, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All New York City Employers

EFFECTIVE

March 4, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The New York City Department of Consumer Affairs (DCA), which enforces the Earned Sick Time ACT (ESTA), recently published a notice amending the rules of the City of New York (hereinafter, “Adopted Rules”). The Adopted Rules provide guidance on how the ESTA, which was effective April 1, 2014, will be enforced.