California District Court Enjoins DACA Rescission, Temporarily Halting Program Wind-Down

APPLIES TO

All Employers

EFFECTIVE

January 9, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Late last year, the Trump Administration announced that it would rescind the Deferred Action for Childhood Arrivals (“DACA”) program, implementing a plan to wind down the DACA program over six months.  On January 9, 2018, Judge William Alsup of the U.S. District Court for Northern California issued an injunction on this decision, ordering the Trump Administration to maintain the DACA program, with few exceptions.  This injunction has since been challenged by the U.S. Department of Justice. A timeline of this ongoing matter is summarized below.

U.S. DOL Adopts “Primary Beneficiary” Test in Determining Status of Unpaid Interns

APPLIES TO

All Employers with Unpaid Interns

EFFECTIVE

January 5, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 5, 2018, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-2, adopting the “Primary Beneficiary” test used to determine whether or not unpaid interns should actually be classified as employees under the Fair Labor Standards Act (“FLSA”). Several federal circuit courts have used the primary beneficiary test to determine whether an unpaid intern is in fact an employee, and rejected the DOL’s prior six-factor test as being too rigid.

U.S. Customs and Border Protection Updates Directive on Searching Electronic Devices

APPLIES TO

All Employers

EFFECTIVE

January 5, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The U.S. Customs and Border Protection (“CBP”) released an updated Directive governing border searches of electronic devices. The Directive outlines in detail how the CBP will conduct border searches of electronic devices. Employers with employees who regularly participate in international travel may wish to take note of these changes in the event that an employee’s electronic device(s) contains confidential or sensitive work-related information.

Santa Monica, CA: Updates to Minimum Wage and Paid Sick Leave Ordinance

APPLIES TO

All Employers with Santa Monica, CA Employees

EFFECTIVE

January 10, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Although Santa Monica employers have been required to provide paid sick leave since January 2017, the City of Santa Monica has recently amended its minimum wage and paid sick leave ordinance (the “Ordinance”) to revise some provisions and provide further clarity on definitions and administration of paid sick leave and minimum wage. Key highlights include:

Illinois: Appellate Court Ruling May Stem Tide of Biometric Class Action Lawsuits

APPLIES TO

All Employers with IL Employees

EFFECTIVE

December 21, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Illinois’s Biometric Information Privacy Act (“BIPA”) was implemented to help safeguard individuals’ biometric data, such as fingerprint scans, like those used in biometric time clocks. Employers are required, among other things, to comply with certain notice and consent elements before obtaining employee biometric data.

In Rosenbach v. Six Flags Entertainment, the Illinois Appellate Court stated that a person can only claim a violation of BIPA if an “actual injury, adverse effect, or harm” occurred. Thus, a technical violation when collecting biometric data is not actionable. Employers have been subject to a wave of class action lawsuits alleging violations of BIPA, and this case may turn the tide. Regardless, employers who implement biometric security protocols should nevertheless obey the notice and consent provisions of BIPA.

Action Items

  1. Review biometric time clock and scanning process for compliance with BIPA.

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.

© 2018 ManagEase

Maryland: Statewide Paid Sick and Safe Leave Begins Feb 11, 2018

APPLIES TO

All Employers with MD Employees

EFFECTIVE

February 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In 2017, Governor Larry Hogan vetoed an act that would require Maryland employers to provide paid sick and safe leave (“PSSL”). The Maryland legislature recently overrode this veto, meaning Maryland HB 1 (the “Act”) will go into effect on February 11, 2018.  Maryland employers should immediately review the details of the Act, summarized below.

New Jersey: Ban-the-Box Requirements Strengthened

APPLIES TO

All Employers with 15+ NJ Employees

EFFECTIVE

December 20, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Originally effective on March 1, 2015, the New Jersey Opportunity to Compete Act (“OCTA”) prohibits employers of 15 or more employees working over 20 calendar weeks in New Jersey from making inquiries into an applicant’s criminal history during the initial application process, among other provisions. As of December 20, 2017, Senate Bill S-3306 applies new amendments to OCTA, further strengthening protections for applicants.

The OCTA amendment specifies that employers are prohibited from (1) soliciting information about an applicant’s current or expunged criminal record during the initial application phase, including when using online employment applications that require the disclosure of current or expunged criminal records in order to proceed with the application; and (2) performing online searches seeking criminal history information.  Employers may ask about current or expunged criminal records after the initial application process, but may not refuse to hire an applicant solely because a criminal record has been expunged or erased through executive pardon, with few exceptions.

Action Items

  1. Review the text of S-3306 here.
  2. Revise written or electronic employment applications to remove any questions pertaining to an applicant’s current or expunged criminal history.
  3. Have hiring personnel trained on the updated requirements.

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.

© 2018 ManagEase

New Jersey: New Breastfeeding Anti-Discrimination Measures

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

January 8, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Chris Christie recently signed Senate Bill S-2709, amending the New Jersey Law Against Discrimination to include breastfeeding and expressing milk as a protected class.  This amendment implements anti-discrimination measures for breastfeeding employees and requires employers to provide reasonable accommodations to breastfeeding employees.

New York, NY: New Reasonable Accommodation Requirements for Employers

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

July 18, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 18, 2018, New York City passed Int. No. 804-A, which amends the New York City Human Rights Law (“NYCHRL”) to require employers to engage in a “cooperative dialogue” to address an employee’s accommodation needs. Specifically, employers must engage in a cooperative dialogue within a reasonable time, upon request for a reasonable accommodation or when the employer has notice an employee may require an accommodation, related to religious needs; disability; pregnancy, childbirth, or a related medical condition; or as a victim of domestic violence, sex offenses, or stalking.

A “cooperative dialogue” includes a good faith written or oral dialogue about a person’s accommodation needs, addressing the accommodation needs including alternatives to a requested accommodation, and the difficulties that potential accommodations may post for the employer. Once a final determination is reached after the cooperative dialogue process, an employer must provide the employee with a written final determination identifying any accommodation that was either granted or denied. Importantly, an employer cannot find that no reasonable accommodation is available without engaging in, or attempting to engage in, a cooperative dialogue.

Action Items

  1. Review the text of Int. No. 804-A here.
  2. Have policies and procedures reviewed and updated for compliance with this amendment by July 18, 2018 when the amendment becomes effective.
  3. Have managers and applicable personnel trained on the reasonable accommodation and cooperative dialogue process.

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.

© 2018 ManagEase

New York, NY: NYCHRL Updates Definitions of Sexual Orientation and Gender

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

May 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 11, 2018, New York City passed Int. No. 1186-A, which amends the New York City Human Rights Law (“NYCHRL”) to expand the definitions of “sexual orientation” and “gender.” “Sexual orientation” refers to heterosexuality, homosexuality, or bisexuality, and will also now include “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.” Sexual orientation is a “continuum of sexual orientation” that will also include asexuality and pansexuality.