Final Rules Affecting Federal Contractors’ Fair Pay and Workplace Protections

APPLIES TO

 Varies; See Below

EFFECTIVE

Varies; See Below

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Two Final Rules – one already in effect, and one forthcoming—will significantly impact federal contractors’ employment practices.  The Rules are designed to ensure that appropriate workplace protections are extended to workers of entities that contract with the federal government.  Failure to comply with these Rules could result in penalties, or being denied or blacklisted from contracts.

Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

APPLIES TO

Employers with Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Employees

EFFECTIVE

August 4, 2016

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Tracking intermittent leaves can be an administrative headache.  For one company,  “voluntary” overtime compounded that difficulty.  In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.

New Definition of Independent Contractor Status in Arizona

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 Employers with Arizona Employees

EFFECTIVE

August 6, 2016

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Arizona H.B. 2114, a recent law providing Arizona employers and independent contractors tools to ascertain an individual’s employment status, became effective last month. Independent contractors now have the option to sign and date a Declaration of Independent Business Status (“DIBS”) to confirm their employment status.

Non-Compete Provisions Involving Physicians Restricted in Connecticut, Rhode Island

APPLIES TO

 Employers with Connecticut, Rhode Island Employees

EFFECTIVE

Varies; See Below

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Connecticut and Rhode Island join Massachusetts, Delaware, Colorado, Texas and Tennessee in enacting laws that restrict the use of non-compete provisions in relation to physicians. Summaries of the law in each state are included below.

September Updates

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EFFECTIVE

Varies

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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

Read more

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

APPLIES TO

All Employees

EFFECTIVE

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.

Recent California Bills Signed into Law

APPLIES TO

All Employers with California Employees

EFFECTIVE

Varies; see below

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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:

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

APPLIES TO

All Employers with California Employees

EFFECTIVE

April 4, 2016

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(888) 378-2456

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.

UPDATE: San Diego’s Paid Sick Leave, Amended

APPLIES TO

All Employers with San Diego, CA Employees

EFFECTIVE

September 2, 2016

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(888) 378-2456

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.

Chicago, Illinois to Require Paid Sick Leave

APPLIES TO

Employers with at least one covered employee in Chicago, Illinois

EFFECTIVE

July 1, 2017

QUESTIONS?

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(888) 378-2456

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: