September Updates

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This HR Alert addresses the following topics:
  1. Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
  2. 2016 EEO-1 Filing is Due September 30
  3. Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
  4. California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
  5. San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
  6. San Mateo, California: Minimum Wage Increases on January 1, 2017
  7. Colorado: Pregnant Workers Fairness Act Poster Now Available
  8. Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
  9. Louisiana: New Poster for Hospitality Employers Required August 1, 2016
  10. New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
  11. Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
  12. Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity

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NLRB Says Joint-Employer Workers Can Join Unions Without Consent of Employers

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July 11, 2016

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Last year, we reported on the National Labor Relations Board’s (“NLRB”) controversial decision to redefine the joint-employer standard.  This year, the NLRB has reinstated a standard that allows bargaining units composed of both solely and jointly-employed workers to unionize, with or without their employer’s consent.  This would allow temporary workers who are jointly employed to more easily unionize.

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Recent California Bills Signed into Law

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On July 22, 2016, Governor Brown signed a number of bills into law.  The bills become effective January 1, 2017, unless otherwise noted.  Key provisions from each bill are summarized below:

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California Employers Must Accommodate Non-Disabled Employees Who are Associated with Disabled Individuals

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April 4, 2016

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A California Court of Appeals recently stated that employers are required to provide reasonable accommodations to individuals who are associated with a disabled individual.  In other words, reasonable accommodations must be provided not only to those who are themselves disabled, but the disabled individuals who are associated with applicants or employees.

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UPDATE: San Diego’s Paid Sick Leave, Amended

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September 2, 2016

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The City of San Diego finally certified the Minimum Wage and Sick Leave Ordinance (“Ordinance”) voters passed in June.  Though the Ordinance went into effect on July 11, 2016, there are additional pending amendments to the bill that will require a second reading before becoming effective.  The amendments are expected to become effective after the second reading, 30 days after the original Ordinance’s effective date.

The amendments cover several key areas employers had raised concerns about.

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Chicago, Illinois to Require Paid Sick Leave

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July 1, 2017

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The Chicago City Council recently amended the Chicago Minimum Wage Ordinance (“Ordinance”) to include paid sick leave (“PSL”), effective July 1, 2017.  Employers who do not already offer sufficient paid time off, or have not already adjusted their business policies and practices to provide paid sick leave to eligible employees, plan for compliance with the Ordinance.  A recap of key provisions of the Ordinance includes the following:

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Massachusetts Significantly Boosts Pay Equity Laws and Requires Transgender Accommodations

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Governor Charlie Baker recently signed two bills that will significantly impact employer responsibilities: The Act to Establish Pay Equity, which boosts practices intended to close the gender wage gap, and the transgender public accommodations bill, which prohibits discriminatory advertising on the basis of gender identity and discrimination against transgender individuals in places of public accommodation.

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Philadelphia Updates: No More Credit Checks; New Wage Theft Prevention Law

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Philadelphia has recently implemented two new ordinances affecting employers: (1) an expansion of the obligations under the current anti-wage theft ordinance, and (2) the prohibition of credit checks and credit-related information when making employment decisions.

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August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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New Federal Posters Must be Posted August 1, 2016!

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August 1, 2016

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This week, the federal government revised two of its required posters.  These posters must be displayed by ALL employers as of Monday, August 1, 2016.

The affected posters can be downloaded for free from the Department of Labor’s website. Click on the links below to visit the DOL’s page for instructions.

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