|
APPLIES TO
All Employers with ME Employees
|
EFFECTIVE
September 19, 2019 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
Governor Janet Mills recently signed An Act to Protect Pregnant Workers (L.D. 666) into law. This Act broadens protections for pregnant and nursing employees in a number of ways, and further amends the language of existing provisions to incorporate gender-neutral language.
Specifically, employers will be required to provide reasonable accommodations to employees afflicted with pregnancy-related conditions, unless the accommodation imposes undue hardship upon the employer. Examples of reasonable accommodations include providing/modifying seating, equipment, or scheduling, temporary transfer to light or less strenuous/hazardous work, longer or more frequent breaks, and accommodations for lactation. Existing anti-discrimination provisions prohibiting employers from treating pregnant workers differently remain in place.
Action Items
- Have managing staff trained on the interactive process for reasonable accommodations.
- 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: Harassment and Discrimination Updates for Employers
/in HR AlertsAPPLIES TO
Certain Employers with IL Employees, as indicated
EFFECTIVE
January 1, 2020, unless otherwise noted
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Illinois’s legislature passed SB 75 and HB 252 providing increased protections against workplace harassment and discrimination. Key components are summarized below.
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Illinois: Expanded Protections for Organ Donors on Leave
/in HR AlertsAPPLIES TO
All Employers with IL Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847). Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.
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Maine: Reasonable Accommodations for Pregnant and Nursing Workers Must be Provided
/in HR AlertsAPPLIES TO
All Employers with ME Employees
EFFECTIVE
September 19, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Governor Janet Mills recently signed An Act to Protect Pregnant Workers (L.D. 666) into law. This Act broadens protections for pregnant and nursing employees in a number of ways, and further amends the language of existing provisions to incorporate gender-neutral language.
Specifically, employers will be required to provide reasonable accommodations to employees afflicted with pregnancy-related conditions, unless the accommodation imposes undue hardship upon the employer. Examples of reasonable accommodations include providing/modifying seating, equipment, or scheduling, temporary transfer to light or less strenuous/hazardous work, longer or more frequent breaks, and accommodations for lactation. Existing anti-discrimination provisions prohibiting employers from treating pregnant workers differently remain in place.
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
Maryland: Noncompete Clauses Banned for Low Wage Workers
/in HR AlertsAPPLIES TO
All Employers of MD Employees
EFFECTIVE
October 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
As a matter of public policy, SB 328 prohibits employers from including noncompete and conflict of interest provisions in employment contracts for employees earning less than $15 per hour, or $31,200 annually. If a noncompete or conflict of interest provision is found in an employment contract and restricts entry into employment with another employer, or restricts the employee from becoming self-employed in the same or similar business or trade, it shall be deemed null and void.
The bill applies to Maryland employees regardless of whether the contract was executed inside or outside of the State. The new legislation does not apply to employment contracts restricting the use of client lists or other proprietary client-related information.
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
New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists
/in HR AlertsAPPLIES TO
All Employers with NJ Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries. Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.
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New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws
/in HR AlertsAPPLIES TO
All Employers with NJ Employees
EFFECTIVE
August 6, 2019, unless otherwise noted
QUESTIONS?
Contact HR On-Call
(888) 378-2456
New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.
Notice Requirement. The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws. Employers must provide this statement to all current employees and new employees at time of hire.
Failure to Maintain Records. Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true. Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.
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Nevada: Extensive Legislative Updates
/in HR AlertsAPPLIES TO
All Employers with NV Employees
EFFECTIVE
Varies; See Below
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The Nevada Legislature enacted a number of laws in 2019. Below is a summary of legislative updates that impact employers.
AB 181 | Sick Day Notice. Effective May 15, 2019, employers cannot require employees to be physically present at work in order to provide notification of an injury or illness requiring sick leave usage. However, employers can continue to require employees to notify the employer when they are sick and cannot come to work.
AB 192 | Removal of Decriminalized Offenses. Effective July 1, 2019, any person convicted of a decriminalized offense may request to have records of the offense sealed so they do not appear on background checks.
AB 226 | Microchip Implantation. Effective October 1, 2019, employers or any other entity or individual cannot require a person to have a microchip implant or other permanent identification marker as a condition of employment.
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New York: Expanded Workplace Protections for Victims of Domestic Violence
/in HR AlertsAPPLIES TO
All Employers with NY Employees
EFFECTIVE
November 18, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
New York has enacted legislation that broadens the definition of “victim of domestic violence” in order to be consistent with the state’s Domestic Violence Protection Act. The New York State Human Rights Law (NYSHRL) defines victims of domestic violence to include those over the age of 16, any married person, or any parent with a child in a situation where either the parent or child is a victim of a qualifying act by a family or household member in violation of the penal code (such as assault, harassment, sexual abuse, stalking, etc.). The qualifying act must result in, or create a substantial risk of, physical or emotional injury to the person or their minor child.
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New York: Implements More Stringent Data Security Requirements for Employers
/in HR AlertsAPPLIES TO
All Employers of NY Employees Maintaining Private Data of New York Residents
EFFECTIVE
March 21, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In order to combat breaches of security placing personal information at risk, the state of New York implemented the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which requires businesses to implement safeguards for the private information of New York residents, and expands notification requirements when a breach occurs. The SHIELD Act is quite broad and can apply to any employer who maintains private information of New York residents, even those outside the state.
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New York, NY: Human Rights Law Expanded Again
/in HR AlertsAPPLIES TO
Employers with Four or more New York City Employees and Independent Contractors
EFFECTIVE
October 13, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The New York City Council expanded their existing harassment legislation, once again. This latest revision will ensure that freelancers and independent contractors are protected by the New York City Human Rights Law. The previous law applied to employers that employed four or more employees and allowed them to file complaints with the New York City Commission on Human Rights when they faced harassment or discrimination based on race, religion, gender, or another protected class. The amendment expands this coverage to businesses that employ or engage at least four employees or independent contractors, combined.
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