Second Circuit: Trafficking Victims Protection Act Creates a Civil Remedy for Immigrants Lawfully in the Country as Temporary Guest Workers

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All Employers of CT, NY, and VT Employees with Temporary Work Authorization Status

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July 25, 2019

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In Adia v. Grandeur Management and Raja Younas, the 2nd Court of Appeal stated that immigrants could bring a civil lawsuit against employers who violate the Trafficking Victims Protection Act (TVPA). Forced labor under the TVPA can occur when a person knowingly obtains labor by abuse or threat, or by a pattern or scheme to cause belief that, if labor is not performed, there would be serious harm or physical threat.

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Fifth Circuit: Day Rate Can Meet Salary Requirements Under FLSA White Collar Overtime Exemption

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All Employers with LA, MS, and TX Employees

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August 21, 2019

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In Faludi v. U.S. Shale Solutions, L.L.C., the U.S. Court of Appeal for the 5th Circuit stated that a guaranteed day rate providing compensation over $455 can meet the Fair Labor Standard Act (FLSA) salary requirements for the white collar overtime exemption. Further, the FLSA’s reasonable relationship test does not apply to the highly compensated exemption.

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Fifth Circuit: Criminal Background Guidance by EEOC Struck Down

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State of Texas

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August 6, 2019

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In 2012, the Equal Employment Opportunity Commission (EEOC) issued a guidance document directed at employers, cautioning them that blanket hiring bans on job applicants with criminal convictions could lead to disparate impact Title VII liability. The rationale was that blanket bans could disproportionately impact ethnic and racial minorities. Employers using this kind of policy could invite further investigation by the EEOC and possible charges of discrimination. The guidance also instructed that an employer could potentially avoid liability by showing that the policy of not hiring applicants with criminal convictions was related to the job being filled, and consistent with the needs of the business.

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Seventh Circuit: ADA Reasonable Accommodation and Discrimination Claims Tempered by Employee Behavior

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All Employers with IL, IN, and WI Employees

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July 23, 2019

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(888) 378-2456

In Graham v. Artic Zone Iceplex, LLC, a former employee claimed a violation of the Americans with Disabilities Act (ADA) by the employer for (1) failure to provide reasonable accommodations of his disability, and (2) terminating him due to his disability. The Court explained that identifying a “reasonable accommodation” for an employee requires input from both employee and employer, and is a collaborative effort. This includes notice by the disabled employee to the employer if an accommodation provided does not meet the employee’s needs. If the employee fails to provide sufficient information in this regard, the employer cannot be held liable for failing to accommodate the employee.

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California: Emergency Wildfire Smoke Regulation Now in Effect for Outdoor Workers

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All Employers with CA Employees Who Work Outdoors

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July 29, 2019

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California wildfire season is in full swing. Wildfires strongly impact local air quality, especially during the dry season.  Employers must follow Cal/OSHA’s emergency wildfire smoke regulations, which require employers to pay attention to the air quality index (AQI) and react appropriately.

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California: Court of Appeal Confirms On-Duty Meals Must be 30 Minutes Minimum

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All Employers with CA Employees

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July 31, 2019

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In L’Chaim House, Inc. v. Div. of Labor Standards Enforcement, the California Court of Appeal confirmed that meal periods must always be at least 30 minutes in length, regardless of whether or not the meal period is on or off-duty.

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California: “Domestic Partnership” Status Extended to All Ages and Genders

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California

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January 1, 2020

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“Domestic Partnership” is currently defined as two adults who have chosen to share lives in an intimate and committed relationship of mutual caring; however, it requires that the domestic partners be either of the same sex, or of the opposite sex and one or both over 62 years of age. In 2020, SB 30 will allow all couples, including opposite-sex couples both under 62 years of age, to enter into a domestic partnership.

Procedurally, the bill ensures that the Secretary of State (SOS) will make the necessary forms available on its website instead of available through the county clerk. Instructions explaining the rights and responsibilities of domestic partnership, as well as the process for termination, will also be made available on the SOS website. The law continues the existing fee structure, with an exemption for those partnerships where one or both partners are over the age of 62.

Action Items

  1. Review the text of the bill here.
  2. Review and update applicable policies for compliance, as needed.
  3. 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

Colorado: Updated Tip Pool Notice Requirements

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All Employers with Tipped CO Employees

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August 2, 2019

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(888) 378-2456

Colorado employers using tip pools must now comply with revised notice requirements under HB 1254. Specifically, tips are considered the sole property of employees unless the employer publishes a sufficient notice (including on menus, table tents, or receipts) informing each customer that the tips are shared by the employees. Under the former law, employers could only keep a portion of the tips received if they noticed the customer base with a 12 x 15 inch posting; now, employers may not keep any portion of tips.

The bill specifically states that it does not prevent required tip pooling. However, it remains unclear whether the bill applies to voluntary tip pools where the decision to share tips is made by the individual receiving the tips.

Action Items

  1. Review the new bill here.
  2. Update tip pool notices consistent with new requirements.
  3. Update payroll practices to exclude employer retention of tips.
  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

Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries

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All Employers with IL Employees

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September 29, 2019

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(888) 378-2456

HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers.  The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.

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