Ninth Circuit: An Employer’s Attorney is Subject to FLSA Anti-Retaliation Rules

/in

APPLIES TO

All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR and WA Employees

EFFECTIVE

June 22, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Arias v. Raimondo, the U.S. Court of Appeals for the Ninth Circuit stated that the anti-retaliation provisions of the Fair Labor Standards Act (“FLSA”) apply not only to employers, but to “any person,” including an employer’s attorney.

Read more

Tenth Circuit: Employers Who Take Tip Credits May Keep Customer Gratuities

/in

APPLIES TO

All Employers with CO, KA, NM, OK, UT, and WY Employees

EFFECTIVE

July 3, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Marlow v. New Food Guy, the Tenth Circuit stated that employers of tipped employees may keep customer gratuities, as long as the employee is already paid the required minimum wage.  An employer’s retention of tips under this circumstance does not violate the tip credit provision of the Fair Labor Standards Act (“FLSA”).

Read more

San Francisco, CA: New Ordinance Regarding Breastfeeding; Salary History Inquiries Prohibited

/in

APPLIES TO

All Employers with San Francisco, CA Employees

EFFECTIVE

January 1 and July 1, 2018, respectively

QUESTIONS?

Contact HR On-Call

(888) 378-2456

San Francisco employers should be aware of two new ordinances that impact workplace practices.  The Lactation in the Workplace Ordinance and the Parity in Pay Ordinance impose new obligations on employers and their managing staff.  Key provisions of each ordinance are described below.

Read more

Connecticut: Greater Protections for Pregnant Employees

/in

APPLIES TO

All Employers with CT Employees

EFFECTIVE

October 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On July 6, 2017, Governor Dannel Malloy signed a new law that significantly increases existing anti-discrimination protections for pregnant workers.  “An Act Concerning Pregnant Women in the Workplace” (the “Act”) goes into effect October 1, 2017.  The Act amends the Connecticut Fair Employment Practices Act (“CFEPA”) to add new anti-discrimination protections, provide definitions for “pregnancy,” “reasonable accommodation,” and “undue hardship,” and require employers to notify employees of their rights.

Read more

Florida: Medical Marijuana Now Legalized

/in

APPLIES TO

All Employers with FL Employees

EFFECTIVE

June 23, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Last November, Florida voters approved an initiative to legalize the use of medical marijuana.  On June 23, 2017, Governor Rick Scott signed SB 8-A into law.

As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others.  The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.

Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:

  • Employers may establish, or continue to enforce, a drug-free workplace program or policy;
  • Employers are not required to permit use of medical marijuana at the place of employment;
  • Employers are not required to accommodate the use of medical marijuana in the workplace, or to accommodate any employee working under the influence of marijuana;
  • Medical marijuana is not reimbursable under the Florida Workers’ Compensation law; and
  • SB 8-A does not create any cause of action against employers for wrongful discharge or discrimination related to use of medical marijuana.

Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.

Action Items

  1. Read the text of SB 8-A here.
  2. Have handbooks and policy documents reviewed regarding substance abuse to address medical marijuana use.
  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.

© 2017 ManagEase, Incorporated.

Massachusetts: Employers Must Follow Disability Accommodation Rules for Employees Using Medical Marijuana

/in

APPLIES TO

All Employers with Massachusetts Employees

EFFECTIVE

July 17, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Massachusetts Supreme Judicial Court recently ruled that an employee may pursue a disability discrimination claim under state law against an employer for failure to accommodate the employee’s use of medical marijuana.  In Baruto v. Advantage Sales and Marking, LLC, the plaintiff was told after accepting an offer of employment that she needed to complete a successful drug test.  She informed her employer that she would fail the test due to medical marijuana use for Crohn’s disease. However, she agreed that she would not use marijuana before or during work. The plaintiff failed the drug test as predicted, and ultimately was terminated as a result based on federal law’s treatment of marijuana.

Read more

Massachusetts: Increased Employer Responsibilities to Accommodate Pregnancy

/in

APPLIES TO

All Employers with MA Employees

EFFECTIVE

April 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Recently signed into law on July 27, 2017, the Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on April 1, 2018 and builds on existing anti-discrimination regulations. The Act specifically requires employers to provide accommodations for the needs of pregnant Massachusetts employees, including accommodations for nursing mothers, and new notice and recordkeeping requirements.

Read more

Nevada: New Nursing Mothers’ Law, Employees’ Right to Discuss Wages, New Domestic Violence Victims’ Leave

/in

APPLIES TO

All Employers with NV Employees

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Nevada legislature has been keeping busy over the past few months.  With the passage of several bills concerning pregnant worker’s rights, lactation accommodations, employee wage disclosures, and leave for victims of domestic violence, employers of individuals working in Nevada must keep abreast of many new procedural regulations.

Read more

New York: Paid Family Leave Regulations Released

/in

APPLIES TO

All Employers of NY Employees

EFFECTIVE

January 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017.  The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.

Read more

Oregon: State Amends Paid Sick Leave Law Requirements

/in

APPLIES TO

Certain Employers with OR Employees

EFFECTIVE

July 1, 2017 and January 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Oregon’s mandated statewide paid sick leave went into effect on January 1, 2016.  The recently signed Senate Bill 299 amends the Paid Sick Time (“PST”) Law, providing clarification on the application of the law, plus new provisions. Important amendments include the following:

  • New accrual limit. Employers may now limit an employee’s yearly accrual to 40 hours per year.  Employees may carry over up to 40 hours each year for a maximum bank of eighty hours. The accrual rate of 1 hour per thirty hours worked remains the same.
  • Revisions to covered employers and employee headcount.
    • Employers must provide paid, rather than unpaid, sick leave if the employer:
      • Has at least 10 employees working anywhere in Oregon;
      • Employs an average of at least six employees per day in Oregon and maintains a location in a city in Oregon with a population exceeding 500,000 for each workday.
    • Employers located in highly-populated areas (over 500,000) have greater PST obligations. Employers who maintain only a seasonal farm stand or trailer used temporarily on a construction site or for office purposes are excluded from the definition of “employer located on a city with a population exceeding 500,000.”
    • When determining a covered employer’s PST obligations, certain individuals do not need to be included in the employee headcount. These are: directors of a corporation, members of an LLC, partners of an LLP, and sole proprietors who have a substantial interest in the operation (more than 15% and not less than the average of other owners), as well as children, spouses, and parents of these individuals.
  • Calculating pay for piece-rate and commission employees. If an employee who is paid an hourly, weekly, or monthly wage, plus a piece-rate or commission, uses PST, the PST must be compensated at a rate equivalent to the employee’s hourly, weekly, or monthly wage, or the minimum wage, whichever is greater.  

Although Senate Bill 299 went into effect on July 1, 2017, the amendments begin to apply to all hours worked and sick time accrued or used on or after January 1, 2018.

Action Items

  1. Review Senate Bill 299 here.
  2. Have paid sick time policies revised, as applicable, consistent with the new requirements.
  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.

© 2017 ManagEase, Incorporated.