September 2016 – ManagEase

Ninth Circuit: Mandatory Class Action Waivers in Arbitration Agreements Are “Illegal”

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

EFFECTIVE

August 22, 2016

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(888) 378-2456

The Ninth Circuit has stated that use of mandatory class action waivers in arbitration agreements are prohibited, becoming the second federal circuit court to strike down such agreements. In short, employers in the states covered by the Ninth Circuit cannot require employees to sign an agreement giving up their right to class action/collective claims as a condition of employment.

OSHA’s Electronic Recordkeeping Rule May Limit Post-Accident Drug Testing

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

November 1, 2016

QUESTIONS?

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(888) 378-2456

We reported in June about the Occupational Safety and Health Administration’s (“OSHA”) upcoming Electronic Recordkeeping Rule, which primarily addresses new employer responsibilities for reporting workplace injuries and illnesses. Notably, the Rule also discusses OSHA’s position on post-accident drug testing: “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” (Emphasis added.)

Final Rules Affecting Federal Contractors’ Fair Pay and Workplace Protections

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

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Varies; See Below

EFFECTIVE

Varies; See Below

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(888) 378-2456

Two Final Rules – one already in effect, and one forthcoming—will significantly impact federal contractors’ employment practices. The Rules are designed to ensure that appropriate workplace protections are extended to workers of entities that contract with the federal government. Failure to comply with these Rules could result in penalties, or being denied or blacklisted from contracts.

Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Employees

EFFECTIVE

August 4, 2016

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(888) 378-2456

Tracking intermittent leaves can be an administrative headache. For one company, “voluntary” overtime compounded that difficulty. In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.

New Definition of Independent Contractor Status in Arizona

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with Arizona Employees

EFFECTIVE

August 6, 2016

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(888) 378-2456

Arizona H.B. 2114, a recent law providing Arizona employers and independent contractors tools to ascertain an individual’s employment status, became effective last month. Independent contractors now have the option to sign and date a Declaration of Independent Business Status (“DIBS”) to confirm their employment status.

Non-Compete Provisions Involving Physicians Restricted in Connecticut, Rhode Island

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with Connecticut, Rhode Island Employees

EFFECTIVE

Varies; See Below

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(888) 378-2456

Connecticut and Rhode Island join Massachusetts, Delaware, Colorado, Texas and Tennessee in enacting laws that restrict the use of non-compete provisions in relation to physicians. Summaries of the law in each state are included below.

September Updates

September 6, 2016/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

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(888) 378-2456

This HR Alert addresses the following topics:

Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
2016 EEO-1 Filing is Due September 30
Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
San Mateo, California: Minimum Wage Increases on January 1, 2017
Colorado: Pregnant Workers Fairness Act Poster Now Available
Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
Louisiana: New Poster for Hospitality Employers Required August 1, 2016
New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity