New York City Releases Guidance on Pregnancy Accommodation Requirements

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All New York City, NY Employers

EFFECTIVE

May 6, 2016

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The New York City Commission on Human Rights (“Commission”) recently released a guide on how the pregnancy accommodations under the New York City Pregnant Workers Fairness Act will be enforced.  The guide outlines five categories of potential violations, summarized below:

June Updates

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Varies

EFFECTIVE

Varies

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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New Federal Overtime Rules Mean Changes to Classification of Exempt Workers in All States

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All Employers

EFFECTIVE

December 1, 2016

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The U.S. Department of Labor (“DOL”) recently released the long-awaited Final Rule (“Rule”) changing overtime exemption requirements under the Fair Labor Standards Act (“FLSA”) affecting all states.  Employers need to review employee classifications for possible changes in preparation of the December 1, 2016 deadline.

California Expands Laws Prohibiting Workplace Smoking

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All California Employers

EFFECTIVE

June 9, 2016

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On May 4, 2016, Governor Brown signed a number of bills that impact employees’ ability to smoke. Going into effect in just one month, these bills will require employers to review their smoking policies and potentially make significant changes to workplace procedures.

OSHA Issues Final Rule on Silica Standards

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All Employers

EFFECTIVE

Varies; See Below

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OSHA has released its final rule prescribing the regulations and effective dates for its new regulations on exposure to respirable crystalline silica.  Silica dust—which workers may be exposed to by breathing in dust produced by drilling, cutting, crushing or grinding silica-containing materials such as stone or concrete—can cause severe health issues, such as lung cancer, silicosis, and kidney disease.  OSHA’s new measures are intended to provide better protections by limiting exposure.

Key components of the rule are as follows:

Union Updates: Employers Required to Disclose Consultants/Attorneys; “Fair Share” Fees Persist

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Varies; See Below

EFFECTIVE

Varies; See Below

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This HR Alert covers the following topics:

  1. U.S. Department of Labor Requires Employers to Disclose Consultants/Attorneys Hired to Respond to Union Activity
  2. Supreme Court Deadlocked on “Fair Share” Fees

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California Approves First Statewide $15.00 Minimum Wage in the Nation

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All California Employers

EFFECTIVE

January 1, 2017 and Annually

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On April 4, 2016, Governor Brown signed into law an annual, statewide minimum wage increase, which will ultimately result in a $15.00 minimum wage by January 1, 2022. The first increase will occur on January 1, 2017. Thereafter, wage increases will occur on January 1 of each year according to the table below. Smaller businesses of 25 or fewer employees will have an additional year to phase in.

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Los Angeles, CA Tentatively Approves Ordinance for Expanded Paid Sick Leave

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All Los Angeles, CA Employers

EFFECTIVE

Expected July 1, 2016

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The Los Angeles City Council voted 13-1 to approve a new ordinance that would expand Los Angeles employees’ paid sick leave rights.  Currently, the California statewide Paid Sick Leave Law requires employers to provide a minimum of 3 paid sick days to all employees.  The new ordinance doubles the statewide minimum, requiring Los Angeles employers to provide at least 6 days of paid sick leave.

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San Francisco, CA to Require 6 Weeks of Fully Paid Parental Leave

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All San Francisco, CA Employers of 20+ Employees

EFFECTIVE

Varies Based on Company Size

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(888) 378-2456

Beginning January 1, 2017, San Francisco employers of 50 or more must begin providing a “Supplemental Contribution” alongside California’s Paid Family Leave program.  The current California Paid Family Leave program, which is worker-funded, provides employees up to 55% of their regular wages for 6 weeks, with a maximum cap of $1,129 per week.

San Francisco’s new bill requires employers to pay the employee up to the remaining 45% of their wages during the 6 week leave, equaling 100% of the employee’s gross weekly wage, when combined with the statewide benefit.  The Supplemental Contribution will be proportionately capped by reference to the state maximum weekly benefit.   In passing this legislation, San Francisco has become the first city in the United States to require fully paid parental leave.

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California Supreme Court Issues Guidance on Employer-Provided Seating Requirements

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All California Employers

EFFECTIVE

April 4, 2016

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The Ninth Circuit requested guidance from the California Supreme Court on suitable workplace seating requirements in response to two pending cases (Kilby v. CVS Pharmacy and Henderson v. JPMorgan Chase Bank).  The California Supreme Court recently provided an opinion on the Wage Order provision that states: “all working employees shall be provided with suitable seats when the nature of the work reasonable permits the use of seats.”

The questions asked by the Ninth Circuit, and the Supreme Court’s responses, are as follows:

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