June 2019 – ManagEase

IMMEDIATE UPDATE: Massachusetts Extends Deadlines for Paid Family Medical Leave Again!

June 19, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Non-Government Employers with MA Employees

EFFECTIVE

June 13, 2019

QUESTIONS?

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(888) 378-2456

Governor Baker recently signed an emergency bill changing key deadlines for the Paid Family Medical Leave law (PFML). Specifically, employers were required to start withholding employee contributions for PFML on July 1^st, and submit first quarter contributions by October 31^st. Now, with a three-month extension enacted, employers must begin payroll withholdings as of October 1, 2019, and contributions will be due January 31, 2020. This change was to allow businesses sufficient time to implement the PFML program.

Does Your Organization Pass Muster? Check out the New Corporate Compliance Guidance from the DOJ

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Private Employers

EFFECTIVE

May 1, 2019

QUESTIONS?

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(888) 378-2456

The U.S. Department of Justice (DOJ) recently issued a document entitled “Evaluation of Corporate Compliance Programs,” providing guidance to federal prosecutors on how to evaluate a corporation’s compliance program “for purposes of determining the appropriate (1) form of any resolution or prosecution; (2) monetary penalty, if any; and (3) compliance obligations contained in any corporate criminal resolution (e.g., monitorship or reporting obligations).” Essentially, the strength of a compliance program may serve to decrease or increase potential sanctions and disciplinary measures sought by the DOJ should your organization ever be prosecuted for a violation of law.

Which Way is the Wind Blowing on Independent Contractors Lately?

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with Independent Contractors

EFFECTIVE

April 29, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The question always seems to be – which way is the wind blowing on independent contractors lately? The answer depends on who is asking and in what state they work. Most recently, the U.S. Department of Labor (DOL) issued an opinion letter indicating that gig economy workers who are part of the virtual marketplace are likely independent contractors, provided they meet the six-factor economic realities test. The DOL stated that a virtual marketplace company (VMC) “is an online and/or smartphone-based referral service that connects service providers to end-market consumers to provide a wide variety of services, such as transportation, delivery, shopping, moving, cleaning, plumbing, painting, and household services.” The role of VMC’s is to help consumers more readily connect with the services they are looking for.

Ninth Circuit: The Dynamex Independent Contractor Test Applies Retroactively

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CA Employees

EFFECTIVE

May 2, 2019

QUESTIONS?

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(888) 378-2456

In Vazquez v. Jan-Pro Franchising, Inc., the Ninth Circuit stated that the California Supreme Court Dynamex decision applies retroactively. Specifically, Dynamex created the ABC test for determining whether an individual is an independent contractor for purposes of state wage and hour laws. Unfortunately, at the time, the California Supreme Court did not indicate whether or not Dynamex was to apply retroactively. Now, the Ninth Circuit has officially answered that question.

California: Employees Can Provide Implied Consent to Arbitration Agreements Over Their Own Objections

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CA Employees

EFFECTIVE

April 10, 2019

QUESTIONS?

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(888) 378-2456

In Diaz v. Sohnen Enterprises, the California Court of Appeal stated that an agreement to arbitrate employment disputes was formed by implied consent following notice to the employee. There, the employer notified its employees that it was changing the terms of its dispute resolution agreement, including requiring arbitration of all claims. A copy of the agreement was provided to employees, the terms were discussed in a staff meeting in English and Spanish, and the employees were told that continuing to work for the employer would constitute acceptance of the agreement, regardless if the agreement was actually signed. An employee subsequently indicated her refusal to sign the agreement but intended to continue working. She then filed a discrimination lawsuit against the employer.

Colorado: Expansive New Equal Pay Bill Introduces New Restrictions in Salary Inquiries and Job Postings

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CO Employees

EFFECTIVE

January 1, 2021*

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On May 22, 2019, the Colorado governor signed the Equal Pay for Equal Work Act (Senate Bill 19-085) (the Act) into law. The Act introduces a number of new regulations that employers must take heed of, and is set to go into effect on January 1, 2021, barring a petition and vote otherwise.

Colorado: Limits on Job Applicants’ Criminal History Inquiries

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CO Employees

EFFECTIVE

September 1, 2019 and September 1, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective September 1, 2019 for employers with 11 or more employees, and effective September 1, 2021 for employers of all sizes, HB19-1025 prohibits employers from:

Advertising that a person with a criminal history may not apply for a position;
Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
Inquiring about an applicant’s criminal history on an initial application.

Colorado: Employers Can Face Potential Criminal Charges for Wage Violations

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All FLSA Employers with CO Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Employers who commit wage theft may be subject to increased penalties mandated in Colorado’s criminal theft statute, because HB19-1267 recently redefined “wage theft” as “criminal theft.” Specifically, willfully refusing to pay wages or falsely denying the amount of a wage claim is considered misdemeanor petty theft. If the wage amount is over $2,000, the violation is felony theft. By treating wage theft as a criminal act, employer fines (currently at $300 for failure to pay wages, or $500 for failure to pay minimum wage) could range from $50 to $1 million, depending on the circumstances of the crime. This bill applies to all employers who are subject to the Fair Labor Standards Act (FLSA).

Colorado: Look for Local Minimum Wage Laws Enacted in 2020

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CO Employees

EFFECTIVE

January 1, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

HB19-1210 allows up to 10% of Colorado’s local jurisdictions to enact local minimum wage rates for individuals performing work while physically within the locality’s jurisdiction, which rates cannot increase by more than$1.75 or 15% annually, whichever is higher. Also, adjoining communities may join together to implement regional minimum wage rages. County minimum wages will only be applicable to the unincorporated areas of the county. Employee time spent traveling through a jurisdiction, or for stopping to refuel or for an employee’s personal meal or errands, is not subject to local minimum wage rates.

Connecticut: New Guidance Clarifies Pregnancy Accommodation Requirements

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with CT Employees

EFFECTIVE

April 23, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices “Bluepaper” to help employers understand their role in accommodating employees impacted by pregnancy, childbirth, or related conditions. The Bluepaper reiterates the standards set out by the Connecticut Fair Employment Practices Act (CFPA); more importantly, it further clarifies or directs employers on how to handle specific situations under the law.