Entries by ManagEase

2nd Circuit: Common Law Joint Employer Standard Applies to Title VII

APPLIES TO All Employers with CT, NY, and VT Employees EFFECTIVE March 7, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 For the first time, in Felder v. United States Tennis Association, the Second Circuit Court of Appeals identified a specific test for determining who is considered a “joint employer” under Title VII of the Civil […]

11th Circuit: Mandatory Service Charges Are Not Tips

APPLIES TO All Employers with AL, FL, and GA Employees EFFECTIVE March 18, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 In Compere v. Nusret Miami, LLC, the Eleventh Circuit Court of Appeals stated that mandatory service charges included on a customer’s bill do not constitute a “gratuity” or tip under the Fair Labor Standards Act […]

San Francisco, CA: New Guidance on San Francisco Paid Sick Leave for COVID-19

APPLIES TO All Employers with San Francisco, CA Employees EFFECTIVE February 22, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 San Francisco recently provided updated guidance on its Paid Sick Leave Ordinance (PSL). The PSL applies to any employer that has employees who perform work in San Francisco, including part-time and temporary employees. The guidance clarified […]

Indiana: New Restrictions on Employer Vaccination Mandates

APPLIES TO All Employers with IN Employees EFFECTIVE March 3, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 Indiana now prohibits all Indiana employers from imposing COVID-19 vaccination mandates unless those mandates include exemptions for medical or religious reasons and natural immunity from prior infection. The law applies to nearly all Indiana based employees, including independent […]

Massachusetts: State Independent Contractor Test Applies to Franchises

APPLIES TO All MA Franchisor-Franchisee Relationships EFFECTIVE March 24, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 In Patel v. 7-Eleven, Inc., the Massachusetts Supreme Judicial Court stated that the state test for determining independent contractor status applies to the relationship between a franchisor and its franchises. Specifically, unless an individual satisfies the statutory ABC test […]

IMPORTANT! New Jersey: New Geotracking Notice Requirement for Employers

APPLIES TO All Employers with NJ Employees EFFECTIVE April 18, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 AB 3950 prohibits employers from knowingly making use of a tracking device in a vehicle used by an employee without providing written notice. “Tracking device” means an electronic or mechanical device which is designed or intended to be […]

New York: Sexual Harassment and Retaliation Protections Expanded

APPLIES TO All Employers with NY Employees EFFECTIVE As Indicated QUESTIONS? Contact HR On-Call (888) 378-2456 New York recently passed several bills expanding protections against sexual harassment and retaliation. Employers should take note of the following new rules: MAR 16, 2022 | Retaliation Expanded. S5780 prohibits employers from retaliating against employees by disclosing their personnel […]

Washington: Employment Nondisclosure and Nondisparagement Agreements Restricted

APPLIES TO All Employers with WA Employees EFFECTIVE June 9, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 Washington’s “Silenced No More Act” is creating significant changes for employers with nondisclosure and nondisparagement agreements. Following similar prohibitions in California, SB 1795 prohibits employers from entering into agreements that prevent current, former, or prospective employees or independent […]

Wisconsin: State Supreme Court Clarifies Employers’ Burden Under Wisconsin Fair Employment Act

APPLIES TO All Employers with WI Employees EFFECTIVE March 10, 2022 QUESTIONS? Contact HR On-Call (888) 378-2456 In Cree, Inc. v. Palmer, the Wisconsin Supreme Court stated that employers may potentially discriminate against individuals with a domestic violence criminal history for purposes of the Wisconsin Fair Employment Act. A provision of the Act bars employers […]

April Updates

APPLIES TO Varies EFFECTIVE Varies QUESTIONS? Contact HR On-Call (888) 378-2456 IMPORTANT! EEO-1 Reporting for 2021 is Now Open Through May 17, 2022 On April 12, 2022, the EEOC announced that the 2021 EEO-1 Component 1 data collection portal is now open. The EEO-1 Component 1 report is a mandatory annual data collection that requires […]