DACA Employees May Be At Risk of Right to Work Status

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All Employers with DACA Employees

EFFECTIVE

September 5, 2017

QUESTIONS?

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(888) 378-2456

On September 5, 2017, the U.S. Attorney General announced that the Deferred Action for Childhood Arrivals (“DACA”) program will be phased out if Congress does not enact protections in the next six months for those who participated in DACA. Although initial requests are no longer permitted and renewal requests for participation will only be considered through October 5, 2017, existing DACA work authorizations will be honored until they expire.  All DACA benefits are provided on a two-year basis, so the announcement will affect employees based on the expiration of their temporary work authorization. There are currently bills pending in both houses of Congress that address this issue, and the President has indicated he would revisit DACA if Congress is unsuccessful in addressing the matter.

Employers need to track employment authorization document (“EAD”) expirations to ensure compliance with federal work authorization requirements. The recently updated I-9 instructions state that employers are not permitted to employ anyone who cannot submit proof of right to work in the U.S. Therefore, employers should be prepared in the event an employee with a temporary work authorization is unable to revalidate their I-9 documents.

Action Items

  1. Track EAD expirations and I-9 document revalidation for temporary work authorizations.
  2. Evaluate workforce contingencies for potential disruption to workflow as a result of this announcement.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

Revised EEO-1 Pay Data Reporting Requirement Blocked Indefinitely

APPLIES TO

All Employers of 100+ Employees

EFFECTIVE

August 29, 2017

QUESTIONS?

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(888) 378-2456

Last year, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would revise the EEO-1 form large employers must use to report demographic data about the workforce.  These changes manifested in the revision of “Component 2” of the form, which would have required employers to report employee FLSA classification and pay data based upon W-2s.  This information was originally intended to identify discriminatory pay practices.

On August 29, 2017, the Office of Information and Regulatory Affairs (“OIRA”) announced that it was suspending the Component 2 of the EEO-1 report indefinitely. For the time being, the Acting Chair of the EEOC announced that employers should use the EEO-1 survey form used in previous years to meet the filing deadline of March 31, 2018.

Action Items

  1. Be prepared to record EEO-1 related data on the previous years’ EEO-1 form.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

Third Circuit: WARN Notice Requirements Apply if Layoff is “Probable,” Not “Possible”

APPLIES TO

All Employers with DE, NJ, PA, and Virgin Islands Employees

EFFECTIVE

August 4, 2017

QUESTIONS?

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(888) 378-2456

The Third Circuit Court of Appeal recently joined other courts in stating that employers must obey the notice requirements required under the Worker Adjustment and Retraining Notification (“WARN”) Act when a layoff is “probable,” that is, more likely than not to occur.  A layoff or business closure being simply “possible” does not necessarily trigger the notice requirements of the WARN Act.

Fifth Circuit: Mandatory Class Action Waivers Do Not Violate the NLRA

APPLIES TO

All Employers with LA, MS, TX Employees

EFFECTIVE

August 7, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In a recent decision, the Fifth Circuit reaffirmed its positions that mandatory class action waivers do not violate Section 7 of the National Labor Relations Act (“NLRA”). In Convergys Corp. v. NLRB, the Fifth Circuit stated that an employee’s right to a collective action is procedural, not substantive, and signing a waiver therefore did not violate any substantive rights under the NLRA.

California: Arbitration May be Enforced For Certain Wage and Hour Claims

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All Employers with CA Employees

EFFECTIVE

August 3 and 21, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Two recent state Court of Appeal cases permit arbitration of certain wage and hour claims, including representative actions under the Private Attorney Generals Act (“PAGA”) and an administrative wage claim filed before the Department of Labor Standards Enforcement (“DLSE”), under certain circumstances.

California: New Bills on Background Checks, Overtime Exemptions, and More

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All Employers with CA Employees in Education or Law Enforcement

EFFECTIVE

January 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Gov. Brown recently signed a number of new bills that will impact a variety of employment practices, including background check requirements in certain industries, overtime exemption standards, and requirements for obtaining teaching credentials.  A summary of the new bills are as follows:

California: Employers May Prohibit Employees From Earning Vacation in Their First Year

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All Employers with CA Employees

EFFECTIVE

July 28, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Although California does not require an employer to provide employees with vacation benefits, employers who elect to do so are obliged to pay attention to a host of regulations.  For example, California forbids employers from causing employees to forfeit earned vacation time (e.g., by way of “use it or lose it” policies), because vacation benefits are considered a form of vested wages.  In a recent case, however, a California Court of Appeal stated that employers may prohibit employees from earning any vacation in their first year of employment, provided that the vacation policy is properly worded.

Connecticut: Federal Law Does Not Preempt Medical Marijuana Protections for Employees under State Law

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All Employers with CT Employees

EFFECTIVE

August 8, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal district court stated that federal law concerning unlawful marijuana use does not necessarily preempt state-level protections for marijuana users.  In this case, Connecticut’s Palliative Use of Marijuana Act (“PUMA”) was found to preempt a handful of federal statutes when applied to the employment context.  This decision could have a major impact on employers who currently implement a zero-tolerance substance abuse policy in the workplace.

Oregon: First State in the Nation to Pass Predictive Scheduling Law

APPLIES TO

All OR Employers of 500+ Employees Worldwide in Retail, Food Service, or Hospitality Industries

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Last year, Seattle and New York City both implemented secure scheduling ordinances.  Although this type of employee-friendly legislation appears to be gaining ground, Oregon has become the first state in the nation to do so with the signing of its Fair Work Week Act (the “Act”) on August 8, 2017.  The Act imposes a host of new requirements for employers in the retail, food service, or hospitality industries, with staggered effective dates for certain provisions of the Act.

Oregon: Changes to Manufacturing Overtime Rules (Again)

APPLIES TO

All Employers with OR Employees in Manufacturing Industries

EFFECTIVE

August 8, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Early this year, the Oregon Bureau of Labor and Industries (“BOLI”) published a new interpretation of how employers must calculate overtime hours for employees in a mill, factory, or manufacturing establishment.  This interpretation was swiftly overturned by a county court.  Now, Governor Kate Brown has signed H.B. 3458 into law, which codifies the applicable method to calculate overtime for these employees.