Alabama recently adopted the Adoption Promotion Act, which requires unpaid leaves of absence for birth and adoptive parents. Employers covered by the federal Family and Medical Leave Act are required to comply with the Act. Eligible employees are entitled to 12 weeks of unpaid leave, which runs concurrently with FMLA leave. The Act permits leave for:

• The birth and care of a child born to the employee during the first year after the child’s birth; or
• The care of a child placed with the employee in connection with adoption within one year of the placement of the child.

If an employee has already used their allotted FMLA leave, employers are not obligated to provide additional leave under the Act. Intermittent leave is only permitted upon agreement between the employer and employee. Requests for additional family leave due to the adoption of an ill or disabled child must be considered on the same basis as comparable cases of complications in childbirth.

Employers who provide paid leave to employees for birth and care of a child must also provide the lesser of either equivalent paid leave or two weeks paid leave to employees for care of a child placed with the employee for adoption. However, employers are only required to provide paid leave to one of two different eligible employees if both would be using the benefits.

When leave is foreseeable, the employee must provide their employer with at least 30 days’ notice before leave begins. If leave is not foreseeable, notice must be given as soon as practicable. Employers cannot penalize employees for taking leave.

Action Items

1. Review SB 31 here.
2. Have leave policies and practices updated for compliance.
3. Train appropriate personnel on 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

In Naranjo v. Spectrum Security Services, Inc., the California Supreme Court stated that meal and rest premiums can be the basis for waiting time penalties and inaccurate wage statements. Meal and rest premiums are required to be paid when nonexempt employees do not take the statutorily required meal or rest periods. The Court stated that meal and rest premiums are wages, and therefore subject to derivative wage and hour claims.

There, an employee claimed the employer failed to provide the required meal and rest periods, subjecting the employer to pay meal and rest premiums. As part of his claim, the employee sought waiting time penalties for failure to pay the premiums and wage statement violations for failing to properly identify wages earned.

The Court reasoned that the premiums are intended to provide compensation for the missed meal or rest period as a legal remedy, and wages for the work the employee performed during the meal or rest period. Further, the Court confirmed prior precedent that wage statements must include wages earned, not just wages actually paid. Having identified the premiums as wages, the Court then linked payment deficiencies to remedies for failure to pay or properly document the earnings.

Notably, the Court reinforced its prior ruling in Murphy v. Kenneth Cole Productions, Inc., stating that meal and rest premiums are akin to overtime premiums. The portion of Murphy that excludes meal and rest premiums from the regular rate of pay seemingly remains intact. Employers should review this ruling with legal counsel for guidance on how it may impact their business.

Action Items

1. Separately list meal and rest premiums on wage statements.
2. Consider adding an acknowledgment that employees have received premium pay.
3. Evaluate timekeeping and payroll practices to ensure meal and rest premiums are accounted for.
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

Colorado issued long-awaited regulations regarding its Paid Family and Medical Leave Insurance Program (FAMLI). As a review, nearly all Colorado employers with at least one employee must comply with FAMLI on January 1, 2023. Employees can start receiving FAMLI benefits beginning in 2024. Employees will be able to use paid leave to:

• Care for their own serious health condition;
• Care for a family member’s serious health condition;
• Care for a new child during the first year following birth, adoption, or placement;
• Make arrangements for a family member’s military deployment; or
• Address the employee’s or their family member’s status as a victim of domestic violence, stalking, sexual assault, or abuse.

Generally, employees may take up to 12 weeks of paid leave. If leave is needed because of complications in pregnancy or childbirth, employees may take an additional four weeks leave.

Beginning on January 1, 2023, employers must begin deducting premiums. The premium will be a 0.9% payroll tax, split 50/50 between the employer and the employee if the employer has 10 or more employees. Employers with fewer than 10 employees are not required to pay the employer share of the premium.  If desired, employers may pay more than their 0.45% requirement. Premiums must be taken from all wages but will be capped at the Social Security Wage base, which is updated annually.

Read more

Delaware became the latest state to pass a paid family and medical leave law, titled the Health Delaware Families Act (Act). The Act, signed into law on May 10, 2022, allows qualified employees to take up to 12 weeks of leave beginning in 2026.

Employers with at least 10 employees in Delaware must comply with the Act. The only exceptions are businesses that are closed for 30 or more consecutive days per year and the federal government. Employers with at least 10 but less than 25 employees are only required to provide parental leave. Employers with 25 or more employees must provide all the given reasons for leave under the Act.

Read more

SB 3146 amends the Illinois One Day Rest in Seven Act provisions regarding days of rest and meal period requirements. Specifically, the one day of rest in seven rule will change to one day of rest in “every consecutive seven-day period.” Rather than having one day off in any given calendar week, the required day of rest must be provided on a rolling seven-day basis.

Additionally, the requirement of a second or third 20-minute meal period will occur every 4.5 hours following the first 7.5-hour period. Rather than working 15 hours to receive a second meal period as is currently required, next year the second meal period must be provided at 12 hours.

There is also a posting requirement, including provisions on how to provide notice to remote workers. Violators of the new rules will be subject to civil penalties and additional damages. Because of the new penalties, employers should consider requiring that meal breaks are taken or otherwise document when a worker voluntarily skipped a meal period that was offered.

Action Items

1. Review SB 3146 here.
2. Have meal and rest policies updated for compliance.
3. Have appropriate personnel trained on scheduling and meal 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