San Francisco, CA: Important Dates for San Francisco’s Minimum Wage, Sick Leave and Pay Parity Ordinances

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All Employers with San Francisco Employees

EFFECTIVE

June 7 and July 1, 2018

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Contact HR On-Call

(888) 378-2456

San Francisco is home to a bevy of local ordinances controlling minimum wage, paid sick leave, and pay parity, among others.  Though these ordinances have been in place for some time, each has new guidance or important updates that are effective within the next two months.

Connecticut: New Pay Equity Bill Prohibits Wage and Salary History Inquiries

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All Employers with CT Employees

EFFECTIVE

January 1, 2019

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(888) 378-2456

Connecticut joins a growing list of states with salary history inquiry bans designed to promote wage equality among genders.  Public Act No. 18-8, An Act Concerning Pay Equity (the “Act”), goes into effect on January 1, 2019, and bans Connecticut employers from making inquiries into an applicant’s prior wage information at any point during the hiring process. The ban also prohibits third parties from making salary history inquiries on behalf of the employer, which would include staffing agencies and recruiters. However, applicants may choose to volunteer this information. Additionally, employers may inquire about components of an applicant’s compensation structure (e.g., previous stock options, equity incentives, etc.), provided that the employer does not inquire about the value of those components.

Currently, Connecticut already has a number of applicant protections in place.  Employers have already been prohibited from certain actions, such as preventing employees from inquiring into or disclosing wage information from or to another employee, forcing employees to waive their right to discuss wage information as a condition of employment, or penalizing employees for discussing wage information.

Under the Act, an aggrieved employee or applicant may sue an employer within two years of any alleged violation of the Act.

Action Items

  1. Review employment applications and interviewing procedures to eliminate any questions regarding salary history.
  2. Have hiring managers trained on the new requirements.
  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.

© 2018 ManagEase

Georgia: Employees working with the Elderly Must Undergo Extensive Background Checks

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All Employers with GA Employees Who Provide Care to Elderly or Disabled Adults

EFFECTIVE

October 1, 2019

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Contact HR On-Call

(888) 378-2456

Effective October 1, 2019, the Georgia Long-Term Care Background Check Program imposes significantly greater background screening requirements on employers who hire individuals with direct access to elderly adults.  Abuse of the elderly and adults with disabilities has increased in recent years, and the new law is intended to help protect the vulnerable adult population.

Nevada: Interpreting “Health Benefits” for Minimum Wage Requirements

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All Employers with NV Employees

EFFECTIVE

May 31, 2018

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(888) 378-2456

Nevada employers are permitted to pay the state’s lower-tier minimum wage rate if they offer health benefits. In MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court recently clarified what constitutes “health benefits.” Because the difference between the upper-tier and lower-tier minimum wage rates is $1.00, the court used “common sense” in stating that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” and cost the employer at least an additional dollar in wages.

New Jersey: Hotels and Motels Required to Train Staff on Recognizing Human Trafficking

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All Employers with NJ Hotel/Motel Employees

EFFECTIVE

January 16, 2018

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(888) 378-2456

The 2013 New Jersey Human Trafficking Prevention, Protection, and Treatment Act required the Department of Community Affairs (“DCA”) to develop training for hotels/motel workers to recognize and respond to cases of human trafficking.  Accordingly, the DCA adopted regulations in December that went into effect on January 16, 2018, imposing new posting and training obligations.

South Carolina: New Pregnancy Accommodations Act

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All Employers with SC Employees

EFFECTIVE

May 17, 2018

QUESTIONS?

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(888) 378-2456

On May 17, 2018, Governor McMaster signed the New Pregnancy Accommodations Act (HB 3865) into law, effective immediately, which prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. This includes failing or refusing to hire, bar, or discharge an employee/applicant from employment, denying employment opportunities based on a protected category or the need for reasonable accommodations, or requiring employees/applicants to accept an accommodation that they choose not to accept if they do not have a known limitation or it is unnecessary for the performance of their essential duties. Read more

Vermont: Bans Salary History Inquiries

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All Employers with VT Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Scott recently signed H. 294 into law prohibiting employers from inquiring or seeking information about job applicants’ compensation history, including base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Employers are also prohibited from requiring a job applicant’s salary history satisfy minimum or maximum criteria as a prerequisite for employment, and from determining whether to interview job applicants based on their current or past compensation.

However, if job applicants voluntarily disclose their salary history, the employer may seek to confirm or request that the applicants confirm their salary history after making an offer of employment. Further, employers are permitted to ask a job applicant about salary expectations.

Action Items

  1. Have hiring managers trained on new requirements.
  2. Revise employment applications and interviewing procedures to eliminate any questions regarding salary history.
  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.

© 2018 ManagEase

Vermont: New Bill Embraces Gender-Neutral, Single-User Bathrooms

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All Employers with VT Facilities Accessible to the Public

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On May 11, 2018, Governor Phil Scott signed H.333 into law.  This bill requires all single-user bathrooms in public buildings or places of public accommodation to be marked as gender-neutral.  It does not apply to any bathroom facilities for more than one user.

The bill requires a single-user toilet to be identified with a sign that indicates the facility as a restroom and does not indicate any specific gender.

Earlier last year, the Trump administration withdrew Obama-era protections for transgender students in public schools.  While some states have enacted so-called “bathroom bills” requiring individuals to use restrooms consistent with their gender at birth, Vermont joins California in recognizing gender identity issues by mandating single-user bathrooms to be marked as gender-neutral.

Action Items

  1. Replace signage on any single-user restrooms accessible to the general public by July 1, 2018.
  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.

© 2018 ManagEase

Washington: Agricultural Workers Must be Paid Separate Piece-Rate and Hourly Rates

APPLIES TO

All Employers with WA Employees in Agricultural Industry

EFFECTIVE

May 10, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In a narrow majority, the Washington Supreme Court recently stated that agricultural employees engaged in piece-rate work must also be compensated on a separate, hourly basis for tasks outside the scope of piece-rate work.  This means that employers of agricultural employees will need to track and compensate employees at two different pay rates, depending on the work that the individual completes.

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June Updates

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Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. Trump Rolls Back Federal Contractor Disclosure and Employment Requirements
  2. Redwood City, CA: City Adopts New Minimum Wage Ordinance
  3. Sacramento, CA: City Requires Panic Buttons for Hospitality Industry
  4. Philadelphia, PA: Judge Blocks Parts of Pay Equity Regulations

Read more