Tennessee Revises Notice Requirements to Prohibit Firearms at Work

APPLIES TO

All Employers with Tennessee Employees

EFFECTIVE

July 1, 2016 (January 1, 2018 for certain employers)

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Tennessee already allows individuals, corporations, business entities or government agencies to prohibit possession of weapons on properties or inside buildings under their control.  Public Chapter No. 638 amends the regulations governing how employers and other property owners/operators must notify people that weapons (specifically, firearms) are prohibited on their property.

The amendments are as follows:

San Diego, CA Approves Paid Sick Leave and Minimum Wage Increase

APPLIES TO

All Employers with San Diego, CA Employees

EFFECTIVE

No later than July 7, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

NOTE: San Diego’s paid sick leave ordinance was amended shortly after becoming effective. Be sure to check out our Alert regarding the amended ordinance.

San Diego joins a number of other California cities in implementing its own paid sick leave and minimum wage ordinance.  The ordinance was approved by San Diego voters on June 7, 2016, and goes into effect once the election results are certified (expected to be no later than July 7, 2016).

San Diego’s paid sick leave expands upon the statewide paid sick leave (“PSL”) law in several areas. Key provisions of the PSL ordinance include:

Minneapolis, MN to Require Paid Sick Leave

APPLIES TO

All Private Employers of Six or More Employees

EFFECTIVE

July 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Minneapolis Sick and Safe Time Ordinance (“Ordinance”), passed by the City Council on May 27, 2016, requires private employers of at least six employees in any location to begin providing paid sick leave (“PSL”) benefits by July 1, 2017 to any employees working in Minneapolis. Employers of five or fewer are subject to the same provisions, but can offer unpaid time off.

July Updates

Employers May Bypass Union Activities’ Reporting Requirement Under the “Persuader Rule” If They Take Action Before July 1st

APPLIES TO

All Employers

EFFECTIVE

July 1, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Last month, we reported on the U.S. Department of Labor’s (“DOL”) recently-issued Final Rule (“Rule”), designed to boost transparency in union/collective bargaining. Beginning July 1, 2016, the Rule requires public disclosures from an employer’s advisors (e.g., labor relations consultants or attorneys) who are engaged to perform any work that “has the ultimate objective of persuading employees” in relation to union/collective bargaining matters.

Workplace Posting Deadlines for July 1, 2016

APPLIES TO

Varies; See Below

EFFECTIVE

July 1, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

A number of minimum wage and/or specific paid sick leave ordinances go into effect in July, just one week away. Employers should check the table below for some imminent deadlines for workplace postings.

Workplace Wellness Incentive Guidelines Update

APPLIES TO

All Employers

EFFECTIVE

January 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Implementing a company wellness program can reduce overall health-related costs, such as reducing the amount of employee absences or lack of productivity due to illness.  It can also help retain and attract talent in a competitive market.  Given the positive impact on a company’s well-being, many employers are implementing wellness programs for employees.

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two Final Rules (“Rule(s)”) clarifying under what conditions employers can offer incentives for employee participation in workplace wellness programs, while also protecting employees from discrimination.  The two Rules apply to the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”).

OSHA Issues Final Rule Increasing Employer Reporting Requirements

APPLIES TO

All Employers

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

NOTE: The effective date for OSHA’s expanded whistleblower protections has been revised.  This change took place after this article’s initial publication date. For more information on the new effective date, please see our August Alert, topic #2.

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published a Final Rule (“Rule”) on May 11, 2016 that (1) requires employers to electronically report injury and illnesses in the workplace, (2) strengthens whistleblower protections, and (3) allows OSHA to publicly post some of the reported data on OSHA’s website.

Employers Have a Right to Protect Trade Secrets in Federal Court

APPLIES TO

All Employers

EFFECTIVE

May 11, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Defend Trade Secrets Act (“DTSA”) was signed into law on May 11, 2016.  It amends the Economic Espionage Act of 1996, allowing private companies to protect their trade secrets by bringing civil lawsuits in a federal court.  This brings trade secrets into alignment with protections already in place for owners of copyrights, patents and trademarks.

Seventh Circuit States Class Action Waivers in Arbitration Agreements are Invalid

APPLIES TO

All Illinois, Indiana, and Wisconsin Employers

EFFECTIVE

May 26, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Lewis v. Epic Systems Corporation, the Seventh Circuit Court of Appeals unanimously stated that arbitration agreements that prohibit collective arbitration or collective actions, including class, collective and representative actions, violate Section 7 of the National Labor Relations Act (“NLRA”).