Illinois: Equal Pay, Expense Reimbursement, and Military Leave Updates

/0 Comments/in /by

APPLIES TO

All Employers with IL Employees

EFFECTIVE

January 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

HB 4743 amended the Illinois Equal Pay Act to prohibit paying wages to an African-American employee at a rate less than wage rates paid to non-African-American employees for the same or substantially similar work on jobs that require equal skill, effort and responsibility, and are performed under similar working conditions, with limited exceptions.

Read more

Massachusetts: “Back Pay” Damages under the WARN Act are not Wages under State Law

/0 Comments/in /by

APPLIES TO

All Employers Subject to the Federal WARN Act in MA

EFFECTIVE

December 28, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Calixto v. Coughlin, the Massachusetts Supreme Judicial Court stated that back pay under the federal WARN Act is not considered wages under the state Wage Act. There, employees claimed a violation of the WARN Act for failure to give advance notice of a company closure. The employer did not defend the claims and the employees were awarded almost two million dollars in “back pay.” However, the employer was insolvent and unable to pay. The employees subsequently filed a claim under the Wage Act for failure to pay the “back pay” award. Ultimately, the Court interpreted the state Wage Act to only apply to “wages earned” for work actually performed, resulting in the dismissal of the employees’ claims.

Action Items

  1. Review federal WARN Act requirements in advance of any furloughs, significant layoffs, or closures.
  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.

© 2019 ManagEase

Massachusetts: New Guidance for Calculating Wages for Tipped Employees

/0 Comments/in /by

APPLIES TO

All Employers of MA Tipped Employees

EFFECTIVE

January 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The “Grand Bargain” added a clause to the service rate statute stating that an employer shall calculate the “amount required by clause (2) at the completion of each shift worked by the employee.” The Massachusetts Attorney General’s office recently released additional guidance on what this means.

Read more

New York: Statewide Gender Identity and Transgender Anti-Discrimination Law Passed

/0 Comments/in /by

APPLIES TO

All Employers with NY Employees

EFFECTIVE

February 24, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

While New York City expands protections for sexual and reproductive health decisions, New York State also made a move to expand the list of protected categories set forth in the New York State Human Rights Law (NYSHRL). Specifically, the state legislature passed the Gender Expression Non-Discrimination Act (GENDA), which adds “gender identity or expression” to the list of protected classes under the NYSHRL. Discrimination, including workplace discrimination, based on a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics are prohibited.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  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.

© 2019 ManagEase

New York City, NY: New Protected Categories Centered on Reproductive Choice

/0 Comments/in /by

APPLIES TO

All Employers with 4 or more New York City, NY Employees

EFFECTIVE

May 20, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The New York City Council recently voted to amend the NYC Human Rights Law to include “sexual and other reproductive health decisions” to its list of protected classes. The amendment prohibits discrimination against applicants or employees based on their sexual and reproductive health decisions, defined as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.”  Examples of such services include, but are not limited to, fertility-related procedures; STD prevention, testing, or treatment; family planning services or counseling; birth control drugs or sterilization treatments; emergency contraception; pregnancy testing; or abortion.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  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.

© 2019 ManagEase

Philadelphia, PA: Fair Workweek Ordinance Coming 2020

/0 Comments/in /by

APPLIES TO

Employers of 250+ Employees and 30+ Locations Worldwide

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective January 1, 2020, Philadelphia employers in the retail, fast food, and hospitality industries will have new requirements imposed on their scheduling and pay practices.  The Fair Workweek Employment Standards Ordinance (the “Ordinance”) applies to large employers of 250 or more employees, inclusive of full-time, part-time, temporary, and seasonal employees.  Key provisions of the Ordinance require covered employers to:

Read more

February Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This Short List addresses the following topics:
  1. REMINDER: Post Form 300A in the Workplace
  2. Upcoming Changes to H1-B Applications
  3. Recent OSHA Updates
  4. Department of Labor Penalty Increases
  5. California: Human Trafficking Required Posting Available; DE 2588 Form Updated
  6. California: Labor Commissioner Publishes Blacklisted Port Trucking Companies
  7. Daly City, CA: Minimum Wage Increases on February 13rd
  8. Fremont, CA: Minimum Wage Increases to $13.50 per Hour and Beyond
  9. Michigan: New Employee Protections for State Contractors and Workers
  10. Missouri: Delegation Clauses in Arbitration Agreements Must Be Enforced
  11. New Mexico: State Fair Pay for Women Act Applies to Public and Private Employers
  12. New York: Paid Family Leave Benefit Increases
  13. Ohio: Franchisors are Not Joint Employers
  14. Pennsylvania: Employers Must Protect Electronic Employee Information
  15. Philadelphia, PA: Minimum Wage Increases for City Workers and Contractors

Read more