APPLIES TO Employers with 4+ Employees (with at least one Employee in NYC)

EFFECTIVE November 1, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

New York City recently passed and subsequently amended a law requiring employers to include pay ranges in job postings. The City’s Commission on Human Rights also issued new guidance to help employers comply with the requirements. The law applies to all employers who have four or more employees, with at least one of those employees working in New York City. Job advertisements for positions not performed in the City of New York and temporary positions at temporary help firms are not subject to the requirements. Covered employees include full-time, part-time, interns, domestic workers, and independent contractors.

Extended to November 1, 2022, all employer job postings must include a good faith annual salary or hourly wage range for every job, promotion, and transfer opportunity that is advertised. The rule defines an advertisement as any “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants.” The definition includes, but is not limited to, job postings online or on a company intranet, flyers at job fairs, and newspaper ads.

When including a salary range, the employer must provide the minimum and maximum annual salary or hourly wage they honestly believe they are willing to pay for the job. Salary ranges cannot be open ended. The definition of “salary” is simply the base wage or rate of pay. Other forms of compensation including health insurance, paid leave, or retirement benefits are not required.

Only employees may bring a cause of action for violations of the law. Employers are subject to a civil penalty of $0 for the first violation if the employer cures the violation within 30 days of service of an employee complaint. Employers found to violate the law may face a penalty of up to $250,000 for uncured first violations or any subsequent violation.

Action Items

1. Review updated guidance recently released.
2. Have hiring procedures updated for compliance.
3. Have appropriate personnel 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. © 2022 ManagEase

APPLIES TO All Employers with PA Employees

EFFECTIVE August 5, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

The Pennsylvania Department of Labor and Industry (DLI) recently issued final regulations for updates to the Pennsylvania Minimum Wage Act (PMWA), including payment of wages to tipped workers and calculating overtime for salaried nonexempt employees.

Tipped Worker Wages

The updated regulations align tipped worker rules more closely with federal requirements, but differences still remain.

• The threshold to qualify as a “tipped employee” was increased to customarily and regularly receiving more than $135 per month in tips.
• Federal tip pooling requirements under 29 C.F.R. § 531.54 were incorporated into the state regulations.
• The federal 80/20 rule for tip-producing and non-tip-producing work under 29 C.F.R. § 531.56 was also largely incorporated into the state regulations.
• Employers are prohibited from deducting credit card processing fees, among others, from employee tips.
• Tip pool documentation requirements: employee names, positions, and amounts distributed.
• Service charges are distinguished from tips, including that service charges cannot be used to satisfy the tip credit.
• Employers must notify patrons that service charges are administrative fees and not tips (e.g., agreements, menus, etc.). There also must be separate lines for service charges and tips on invoices.

Salaried Nonexempt Employees

The final rule also changes overtime rules applicable to salaried nonexempt employees (SNEs).

• The fluctuating workweek method for determining overtime was eliminated for SNEs.
• The rule implements a new overtime calculation method for SNEs. The regular rate is all weekly compensation divided by 40. The overtime rate is 1.5 times the regular rate for all hours worked over 40 in the workweek.

Employers should begin preparing now for implementation later this summer.

Action Items

1. Review the final rule here.
2. Revise tipped employee pay and documentation processes.
3. Update patron agreements and invoices regarding service charges and tips.
4. Update overtime calculations for salaried nonexempt employees.
5. Have appropriate personnel trained on new pay requirements.
6. 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. © 2022 ManagEase

APPLIES TO All Employers with WA Employees

EFFECTIVE June 9, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

Washington recently amended its Paid Family and Medical Leave Act (PFML) to include new reasons for eligible leave, to require Washington’s Employment Security Department (ESD) to publish a current list of all employers that have an ESD-approved voluntary plan, and to end a collective bargaining agreement exception to the law.

SB 5649 added the first six weeks of postnatal leave for an incapacitated employee and bereavement to the list of reasons a covered employee can take eligible leave. The first six weeks of postnatal leave for an incapacitated employee is not presumptively considered medical leave. However, the employee may choose to substitute paid family leave. Employees taking leave for this reason cannot be required to submit a certification of a serious health condition.

Eligible employees may take bereavement leave during the seven calendar days after the death of a qualifying family member. A qualified family member is any family member for whom the employee would have qualified for medical leave for the birth of their child or to bond with their child following their birth or placement.

The bill also ends the collective bargaining agreement exception, effective December 31, 2023. Prior to this amendment, PFML did not apply to an employee covered by a collective bargaining agreement that was in existence on October 19, 2017; however, CBA-covered employees would be covered by the law if the CBA expired or was renegotiated.

Finally, ESD must publish a current list of all employers that have an ESD-approved voluntary plan. The list will be found on the ESD website.

Action Items

1. Review the bill here.
2. Have PFML policies updated.
3. Update leave procedures, as applicable.
4. Have appropriate personnel trained on the new requirements.
5. 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. © 2022 ManagEase