|
APPLIES TO All Employers with Connecticut Employees |
EFFECTIVE October 1, 2019, unless otherwise noted |
QUESTIONS? Contact HR On-Call |
Public Act 19-16, also known as the “Time’s Up” bill, imposes quite a number of new obligations on employers in the battle against sexual harassment. Most provisions go into effect as of October 1, 2019, unless otherwise noted.
|
APPLIES TO All Employers with IL Employees |
EFFECTIVE January 1, 2020 |
QUESTIONS? Contact HR On-Call |
Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug. House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.
|
APPLIES TO All Employers of MN Employees |
EFFECTIVE July 1, 2019 |
QUESTIONS? Contact HR On-Call |
The Jobs and Economic Development Omnibus bill (the Bill), recently passed by the Minnesota Legislature and signed by Governor Walz, impresses upon employers new wage-paying requirements. The Bill incorporates new timing, notice, and recordkeeping obligations for employers, and greatly expands civil and criminal enforcement of wage payments. Employers should note the following key provisions:
|
APPLIES TO All Employers of NV Employees |
EFFECTIVE January 1, 2020 |
QUESTIONS? Contact HR On-Call |
Effective January 1, 2020, Nevada will be the first state in the country to prohibit employers from failing or refusing to hire an applicant on the basis of failing a pre-employment marijuana test. The new law does not apply to certain occupations, such as EMTs, firefighters, and any position that drives vehicles in which drug testing is required by federal or state law. Furthermore, employers are able to reject job applicants if positive marijuana usage puts others’ safety at risk.
Employees will have the ability to challenge the results of pre-employment drug testing required by employers within the first 30 days of hiring. The challenging employee must pay for a second screening test, but the results must be considered by the employer. This challenge provision does not apply if it conflicts with an employment contract, collective bargaining agreement, or federal or state requirements, or to any positions funded by federal grants.
Action Items
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
|
APPLIES TO Employers with 50+ NV Employees |
EFFECTIVE January 1, 2020 |
QUESTIONS? Contact HR On-Call |
Beginning January 1, 2020, Senate Bill No. 312 will require private employers of 50 or more employees to provide up to 40 hours of paid leave that can be used for any purpose. Key requirements are summarized below.
|
APPLIES TO All Employers with NJ Employees |
EFFECTIVE July 2, 2019 |
QUESTIONS? Contact HR On-Call |
As of July 2, 2019, the Compassionate Use Medical Cannabis Act now prohibits employers from taking any adverse employment action against a qualified employee based solely on the employee’s status as a registered medical marijuana user. The law applies to employees who have been authorized by a healthcare provider to use medical marijuana, and are registered as such with the state. Additionally, employees have the right to explain drug test results and the employer must provide written notice of their right to explain.
The Act now makes clear that employers can prohibit possession or use of marijuana during work hours or on the premises of the workplace outside of work hours. Additionally, the Act does not require an employer to take action that would cause the employer to be in violation of federal law, lose a licensing-related benefit, or lose a federal contract or funding.
Action Items
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
|
APPLIES TO All Employers with NY Employees |
EFFECTIVE As indicated |
QUESTIONS? Contact HR On-Call |
The New York legislature recently passed an omnibus bill that will amend a number of existing laws, greatly expanding the state’s expansive workplace harassment and discrimination protections. In addition, the amendments will cover all New York employers of any size. Governor Cuomo is expected to sign the bill shortly. Key changes are noted as follows.
|
APPLIES TO All Employers with OR Employees |
EFFECTIVE As indicated |
QUESTIONS? Contact HR On-Call |
SB 726, also known as the “Oregon Workplace Fairness Act,” extends discrimination and harassment protections for employees. On October 1, 2019, the statute of limitations for discrimination, harassment, and retaliation claims will be extended from one to five years. On October 1, 2020, with limited exception, employee agreements cannot require confidentiality, nondisclosure, nondisparagement, no-rehire provisions, or similar restrictions that prevent employees from disclosing sexual harassment or discrimination. Similarly, golden parachute clauses in employment agreements may be voided if the employer determines through a “good faith investigation” that the employee engaged in discrimination that was a “substantial contributing factor” in the employee’s termination.
|
APPLIES TO All Employers with TN Independent Contractors |
EFFECTIVE January 1, 2020 |
QUESTIONS? Contact HR On-Call |
HB 539 rejected the state appeals court adoption of the “ABC” test, and implemented the historical IRS 20-factor test to determine independent contractor status. The bill defines employment status where “the individual performs services for an employer for wages and the services performed by the individual qualify as an employer-employee relationship” based on the 20-factor test. Although the 20-factor test is no longer the official IRS test, several states still look to the standard when determining what employment status applies.
Generally, the 20-factor test looks at the behavioral control, financial control, and the type of relationship of the parties. None of the factors are determinative of an employment relationship and there is no presumption of employee status. Although the “ABC” test is largely more restrictive than the 20-factor test, employers should still review independent contractor relationships with legal counsel before the law goes into effect.
Action Items
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
|
APPLIES TO All Employers with VA Employees |
EFFECTIVE July 1, 2019 |
QUESTIONS? Contact HR On-Call |
As of July 1, 2019, Virginia employers will be required to provide employees with copies of their personnel records upon request. Following an amendment to the Virginia Code, any written request from an employee or an employee’s attorney must be responded to within 30 days of receipt.