Indiana: Employers Now Permitted to Deduct Uniform Rental from Wages

APPLIES TO

All Employers with IN Employees

EFFECTIVE

May 1, 2019

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SB 99 now permits employers to deduct the cost of uniform rentals from an employee’s paycheck, including the cost of things like uniform shirts, pants, or job-related clothing. Previously, paycheck deductions were only permitted under specific circumstances, and could only be made for approved reasons listed in Indiana’s wage deduction statute (primarily, health insurance premiums and union dues).  Uniform and job-required equipment “purchases” were added to the statute in 2015; with SB 99, rental of uniform wear is now added to this list of approved deductions.

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Maine: Employers Must Provide Paid Leave For Any Reason Starting in 2021

APPLIES TO

Private Employers with 10 or more ME Employees

EFFECTIVE

January 1, 2021

QUESTIONS?

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(888) 378-2456

Governor Mills recently signed LD 369 requiring private employers with 10 or more employees to provide paid leave for any reason. Earned paid leave (EPL) accrues at one hour for every 40 hours worked, up to 40 hours in one year of employment. Accrual begins at the start of employment, but taking leave may be restricted until the individual has been employed for 120 days.

Employees must give reasonable notice of their intent to use EPL, unless it is due to emergency, illness, or other sudden necessity. Employers must also maintain employee benefits during the leave period. The Maine Department of Labor is expected to adopt rules to implement the new leave law. Notably, the law does not apply to employees covered by a collective bargaining agreement.

Action Items

  1. Review the bill here.
  2. Implement a paid leave policy by 2021.
  3. Have managers and payroll administrators trained on the new requirements.
  4. 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

Maryland: New Employment Laws Update

APPLIES TO

Employers with MD Employees, as indicated

EFFECTIVE

As indicated

QUESTIONS?

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(888) 378-2456

The Maryland legislature adjourned in April after enacting several employment-related laws, summarized below.

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Massachusetts: Commission-Only Workers Get Overtime

APPLIES TO

All Employers with MA Commission-Only Employees

EFFECTIVE

May 8, 2019

QUESTIONS?

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(888) 378-2456

In Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court recently stated that retail salespeople who are paid entirely in commissions or draws are entitled to separate and additional overtime or Sunday pay. There, employees who worked more than 40 hours in a week and on at least one Sunday, did not receive any additional compensation beyond their daily draw and commissions. Even though the compensation received always equaled or exceed the minimum wage and overtime and Sunday pay rates, the court stated that this was insufficient. Overtime and Sunday pay laws, as well as Department of Labor Standards’ (DLS) opinion letters, supported its interpretation.

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Nevada: Legislature Defines “Health Benefits” for Lower-Tier Minimum Wage Rate

APPLIES TO

All Private Employers with NV Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

Senate Bill 192 recently passed defining “health benefits” for purposes of employers paying the lower-tier minimum wage. Specifically, employers may pay a lower tier minimum wage if they provide health benefits to employees. There has been some controversy over what “health benefits” means. Last year, in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court stated that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” for the higher-tier minimum wage, and cost the employer at least an additional dollar in wages.

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New Jersey: Commuters, Rejoice – Certain Employers to Provide Transportation Tax Benefit

APPLIES TO

All Employers with 20 or more NJ Employees

EFFECTIVE

Pending; See Below

QUESTIONS?

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(888) 378-2456

Senate Bill 1567 was signed into law on March 1, 2019, and requires covered employers to provide pre-tax transportation fringe benefits to employees.  With the new law, employees will be able to set aside and utilize a pre-tax portion of their wages for specified transportation services.  This requirement goes into effect either March 1, 2020, or the effective date of rules and regulations adopted by the Commission of Labor and Workforce Development (CLWD), whichever is earlier.

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New York: Tax Credit for Hiring Recovering Substance Abusers

APPLIES TO

All Employers with NY Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

The state budget for 2020 includes an Employer Recovery Hiring Tax Credit. Specifically, employers will receive a credit of up to $2,000 for each person in drug abuse recovery it employs, including in full-time and part-time positions. Eligible employees are those who have worked a minimum of 500 hours for the employer, have a substance use disorder, are in a state of wellness without signs and symptoms of active addiction, and have completed a course of treatment or are being treated for the substance use disorder.

To be certified for the tax credit, employers must provide a recovery-supportive environment for their employees evidenced by a formal working relationship with a state-certified, local recovery or treatment provider. Employers must also apply for the credit by January 15th each year for credits claimed in the previous year. Applications for the first year of the tax credit are due by January 15, 2021 for credits claimed during the 2020 tax year. A tax credit certificate will be issued by March 31st if approved.

Action Items

  1. Review Part W of Bill No. S1509-C
  2. Have substance abuse policies reviewed for coordination with hiring recovering substance abusers.
  3. Prepare for implementing recovery-supportive procedures and application deadlines.
  4. 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

Westchester County, NY: Paid Safe Time Ordinance Adds New Protected, Paid Leave

APPLIES TO

All Employers with Westchester County Employees

EFFECTIVE

October 30, 2019

QUESTIONS?

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(888) 378-2456

Employers with employees in Westchester County should already be familiar with the local Earned Sick Leave Law, which outlines provisions for paid or unpaid sick leave.  A new ordinance, the “Safe Time Leave Law,” will require private employers to provide additional paid, job-protected leave for victims of domestic violence and human trafficking.

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Oregon: NEW Pregnancy Accommodation Requirements for Employers

APPLIES TO

All Employers with 6 or more OR Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Next year, employers with six or more employees will need to provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, including childbirth and lactation. Accommodations may include acquisition or modification of equipment or devices, more frequent or longer rest periods, assistance with manual labor, or modification of work schedules or job assignments.

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Oregon: Employers Must Remind Employees of Non-Compete Agreements on Exit

APPLIES TO

All Employers with OR Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

HB 2992 makes noncompete agreements unenforceable unless the employer provides an employee with a signed copy of the agreement within 30 days after the employee’s date of termination. Presumably, “after the date of … termination” does not include the day on which termination takes place. Best practice would be to send a copy of the agreement with proof of receipt to the employee after termination, such as return receipt requested, certified mail, express mail with signature required, etc.

This requirement only applies to noncompete agreements entered into on or after January 1, 2020. Although generally a good practice, the requirement does not apply to noncompete agreements entered into before that time, or to other types of agreements like nonsolicitation agreements or garden leave clauses.

Action Items

  1. Update termination procedures to include sending a copy of executed noncompete agreements to terminated employees within the required timeline.
  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