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APPLIES TO All Employers |
EFFECTIVE August 1, 2016 |
QUESTIONS? Contact HR On-Call |
This week, the federal government revised two of its required posters. These posters must be displayed by ALL employers as of Monday, August 1, 2016.
The affected posters can be downloaded for free from the Department of Labor’s website. Click on the links below to visit the DOL’s page for instructions.
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APPLIES TO All Employers with Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees |
EFFECTIVE June 2, 2016 |
QUESTIONS? Contact HR On-Call |
Offering a flexible benefits plan is an oft-cited tool for organizations to improve employee satisfaction, recruitment, and retention. However, employers should be very careful when designing benefits plans that permit cash-in-lieu of payments, as the City of San Gabriel discovered in a recent case.
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APPLIES TO All Employers with Kentucky, Michigan, Ohio and Tennessee Employees |
EFFECTIVE May 19, 2016 |
QUESTIONS? Contact HR On-Call |
The Sixth Circuit recently stated in Craig v. Bridges Bros. Trucking LLC. that an employer has constructive knowledge of an employee working overtime if it would have discovered the overtime by “exercising reasonable diligence.” The plaintiff, Donna Craig, was a bookkeeper for Bridges who processed payroll, including her own compensation. Craig frequently worked over 40 hour weeks and recorded her hours worked in time sheets, including overtime. However, Bridges only paid Craig overtime once. Craig alleged that Bridges told her she was not eligible for overtime. On the other hand, Bridges argued that Craig should have known she was eligible for overtime, and that the company was unaware that Craig worked overtime.
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APPLIES TO All Employers with Louisiana, Mississippi, and Texas Employees |
EFFECTIVE June 14, 2016 |
QUESTIONS? Contact HR On-Call |
Generally in the Fifth Circuit, employers can pay employees, who earn tips, less than the minimum wage as long as the employee receives enough in tips to make up the difference. If not, the employer must make up the difference to ensure the minimum wage is met. Though the rule seems simple, the complexity of tip credits—including situations such as when tips are shared—can get employers in trouble. The Fifth Circuit recently highlighted another danger zone, stating that employers cannot hold back portions of credit card tips to pay for optional expenses.
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APPLIES TO All Employers with Colorado Employees |
EFFECTIVE Varies; See Below |
QUESTIONS? Contact HR On-Call |
Colorado has recently passed five bills that will impact how employers handle personnel files, worker classification, work status verification, employment of disabled workers, and employee whistleblowing. In addition, a sixth law amends the Colorado Anti-Discrimination Act to address accommodations for pregnant workers. Below are key provisions from each law and relevant action items.
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APPLIES TO All Employers with Illinois Employees |
EFFECTIVE January 1, 2017 |
QUESTIONS? Contact HR On-Call |
Governor Bruce Rauner recently signed a number of amendments to Illinois’s Personal Information Protection Act (“PIPA”), expanding the definition of personal information and increasing data breach notification requirements as of January 1, 2017. The amendments are highlighted below.
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APPLIES TO All Employers with OhioEmployees |
EFFECTIVE September 6, 2016 |
QUESTIONS? Contact HR On-Call |
In September 2016, Ohio will join 25 other states in legalizing the use of medical marijuana. Although House Bill 523 permits individuals with a qualifying diagnosis to purchase marijuana in other states and use it in Ohio, the bill also protects employers’ rights to a drug-free workplace by implementing certain provisions.
Key protections for employers include:
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APPLIES TO All Employers with Maryland Employees |
EFFECTIVE October 1, 2016 |
QUESTIONS? Contact HR On-Call |
HB 1003 amends Maryland’s Equal Pay for Equal Work Act of 2016 (“the Act”) to include significant new provisions designed to (1) prohibit pay discrimination based on gender identity, and (2) boost pay transparency. The Act already prohibits wage differentials on the basis of sex, where employees “work in the same establishment and perform work of comparable character, or work on the same operation in the same business or of the same type.”
New, key amendments to the Act include:
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APPLIES TO All Employers with Oregon Employees |
EFFECTIVE January 1, 2017 |
QUESTIONS? Contact HR On-Call |
Oregon passed a bill designed to increase employer transparency in wages and payroll records. Effective January 1, 2017, SB 1857 provides new regulations for: (1) the type of information employers must include on itemized wage statements; (2) when employees can view their payroll records; and (3) prevailing wage rates paid to employees working on public works projects. The new regulation also provides the Oregon Bureau of Labor and Industries (“BOLI”) with increased enforcement funding derived from the Wage Security Fund to investigate and enforce wage claims.
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APPLIES TO All Employers with Tennessee Employees |
EFFECTIVE July 1, 2016 (January 1, 2018 for certain employers) |
QUESTIONS? Contact HR On-Call |
Tennessee already allows individuals, corporations, business entities or government agencies to prohibit possession of weapons on properties or inside buildings under their control. Public Chapter No. 638 amends the regulations governing how employers and other property owners/operators must notify people that weapons (specifically, firearms) are prohibited on their property.
The amendments are as follows: