July 2017 – ManagEase

USCIS Releases New Form I-9 Today

July 17, 2017/0 Comments/in HR Alerts /by ManagEase

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July 17, 2017

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The United States Citizenship and Immigration Services (USCIS) published a new Form I-9 today. The new Form I-9 is notated with the revision date 07/17/17 N in the lower left corner and must be incorporated into employers’ hiring procedures by September 18, 2017. Any other versions of Form I-9 will be considered invalid after September 17, 2017.

The updated Form I-9 includes revisions to the instructions for completion and to the list of acceptable documents for verification purposes. These are:

USCIS Announces Another New Form I-9 Coming Soon

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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July 17, 2017

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Late last year, the U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, which incorporated a number of changes as well as the ability to complete the form electronically. Employers had to switch over to the new Form no later than January 22, 2017. Now, the USCIS has announced that there will be another, newer version of Form I-9, to be published no later than July 17, 2017.

Delaware: Employers Now Prohibited From Asking Job Applicants for Salary History

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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December 14, 2017

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Governor John Carney recently signed into law a new regulation prohibiting employers from inquiring into a job applicant’s salary history. This measure, similar to those enacted in Oregon, Massachusetts, New York, and Philadelphia¹, is intended to help curtail the gender wage gap by encouraging employers to consider factors other than past compensation history when determining pay.

Sixth Circuit: Arbitration Provisions Prohibiting Concerted Protected Activity are Unenforceable

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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May 26, 2017

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In National Labor Relations Board v. Alternative Entertainment, Inc., the Sixth Circuit court joined the Seventh and Ninth circuits in holding that mandatory arbitration provisions that contain class action waivers are unenforceable under the National Labor Relations Act (“NLRA”). The Second, Fifth, and Eighth circuit courts took the opposite opinion.

Oregon: New Oregon Equal Pay Act of 2017 Takes Aim at Pay Inequality

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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October 6, 2017 and January 1, 2019*

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Similar to California’s expansion of equal pay protections early this year, the Oregon Equal Pay Act of 2017 (the “Act”) now further restricts an employer’s ability to seek past salary history as part of a nationwide trend of targeting discriminatory pay practices. Specifically, the Act expands upon existing Oregon pay equality provisions by rewording policy language to require equal pay between “protected classes,” rather than simply indicate equal pay between “the sexes.”

Nevada: Employers May Use Fluctuating Workweek to Compensate Certain Employees

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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May 25, 2017

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The Nevada Labor Commission recently issued an Advisory Opinion regarding the fluctuating workweek (“FWW”) method of pay. The Opinion states that employers can use FWW to pay overtime hours worked in excess of 40 hours per week by a non-exempt employee who is paid a fixed-salary for all hours worked.

Nevada: Rules for Restrictive Non-Compete Agreements Change Again

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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June 3, 2017

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Previously, the Nevada Supreme Court declared that overly broad non-compete agreements will be wholly unenforceable, meaning agreements containing overly restrictive provisions beyond what is needed to protect an employer’s interest will be void in total. The Supreme Court stated that “blue penciling,” or modify parts of an agreement to make it enforceable, would not be allowed.

Rhode Island: Employers Cannot Refuse to Hire Employees Because of Medical Marijuana Use

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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May 23, 2017

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The Rhode Island Superior Court recently stated that employers cannot refuse to hire a prospective employee on the basis that the employee might fail a pre-employment drug screen due to medical marijuana use. This decision arose from Callaghan v. Darlington Fabrics Corporation and The Moore Company, in which the plaintiff complained that she was discriminated against for her lawful use of medical marijuana.

Texas: New Bill Amends Trade Secrets Statute, Aligning with the Defend Trade Secrets Act

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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September 1, 2017

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House Bill 1995 amends the Texas Uniform Trade Secrets Act (“TUTSA”), bringing it into closer alignment with the federal Defend Trade Secrets Act (“DTSA”). The bill eliminates discrepancies between the TUTSA and DTSA’s definition of “trade secrets,” adds definitions for an “owner” of a trade secret, defines “willful and malicious appropriation” and “clear and convincing evidence” for the purpose of establishing willful and malicious appropriation, and further emphasizes what measures an organization must make in order to qualify information as a trade secret.

New York City: “Fair Work Week” Legislation Piles on New Employer Obligations for Scheduling

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with New York City, NY Employees

in Fast Food or Retail Industries

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November 26, 2017

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On May 30, 2017, Mayor de Blasio signed into law the “Fair Work Week” legislative package, which includes five bills affecting workplace practices for fast food and retail workers operating in New York City. This legislative package is similar in many ways to Seattle’s Secure Scheduling Ordinance, though NYC’s bills are even more stringent in requirements. This may signal the beginning of a shift in the development of fast food and retail employee rights.