All Employers in Maine, Massachusetts, New Hampshire, Rhode Island
EFFECTIVE
February 12, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.
In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2016-03-31 10:05:122016-04-06 17:29:07New Guidance on California Employers’ Obligations to Transgender Employees
The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.
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California Private Employers with 5+ Employees;
All California Public Entity Employers
EFFECTIVE
April 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Earlier this month, the Fair Employment and Housing Act (“FEHA”) regulations were revised, changing, in part, the California Pregnancy Disability Leave notice that employers are required to post. Specifically, the change relates to the language required in the notice itself. Employers have the option to (1) post the revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or (2) post a notice developed by the employer that is consistent with the regulatory requirements.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2016-02-19 09:00:332016-03-31 17:01:46Change to California Posting Requirements as of April 1, 2016
On November 2, 2015, President Obama signed H.R. 1314, also known as the Bipartisan Budget Act of 2015, which contains a provision that would allow the Occupational Safety and Health Administration (“OSHA”) the ability to increase penalty fines as much as 82%. This provision allows OSHA a “catch-up adjustment” to compensate for over two decades of static fines. It has not yet been confirmed that OSHA will choose to increase penalties to the full 82% allowed; the provision simply grants OSHA the ability to do so, and does not actually require such action. However, increases are highly likely based upon previous commentary from OSHA leadership about the benefits of stiffer regulatory punishments. Initial penalty increases are mandated to become effective as of August 1, 2016; however, the new penalties can be assessed to violations occurring before the penalty increase.
This information applies to all employers nationwide, even those who do not have a typically hazardous work environment. Citations for violating seemingly minor safety regulations, especially repeat violations, could now cost almost double the previous maximum fine.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-11-09 16:26:402015-11-10 17:22:40OSHA Is Granted the Ability to Increase Maximum Regulatory Penalties Up to 82%
All California Employers who Employ Piece-Rate Employees
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On October 10, 2015, Gov. Brown signed AB 1513 into law, adding Section 226.2 to the California Labor Code. This legislation is a response to prior court rulings related to required compensation for mandated breaks and other nonproductive time. Specifically, the bill sets forth minimum compensation requirements for rest and recovery periods and other nonproductive time for piece-rate workers, in addition to and separate from their established piece rates. Each type of compensation must also be documented on an employee’s paystub. Additionally, employers who have not been paying piece-workers for this additional time have the opportunity to resolve back claims without litigation. This statute will become effective on January 1, 2016, but will have retroactive repercussions for wages earned as of July 1, 2012.
This information applies to all companies who employ piece-rate workers in California. Examples of employees who are compensated as piece-rate workers include, but are not limited to, those who may do installation work, closing financial transactions when paid a flat rate, agricultural work, manufacturing work, logistics work when a piece rate applies to drivers’ deliveries, etc.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-10-26 22:49:462015-10-26 22:51:49California Enacts an Increase in Piece-Rate Worker Compensation, with Retroactive Repercussions for Resolving Back Wage Claims Without Litigation
On October 6, 2015, Governor Brown signed into law Senate Bill (SB) 358, referred to as the Fair Pay Act. The Act amends Labor Code Section 1197.5 to require that employers prove wage disparities among men and women are not gender based. The Act also penalizes employers for preventing employees from discussing wages. Finally, it increases recordkeeping requirements. These requirements apply both to California employers and companies with employees in California. Although the changes become effective January 1, 2016, employers need to prepare for the effects the changes will create. Additionally, the Act may lead to increased litigation, because the hurdles are being lowered for plaintiffs to bring lawsuits. It may also be a gateway for new class action lawsuits, because attorneys will likely be looking for systemic gender wage disparity within individual companies.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-10-08 16:40:452015-10-08 16:40:45California Takes the Lead in Enhancing Protections for Gender Wage Equality & Wage Transparency
First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions
/in HR AlertsAPPLIES TO
All Employers in Maine, Massachusetts, New Hampshire, Rhode Island
EFFECTIVE
February 12, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
New Guidance on California Employers’ Obligations to Transgender Employees
/in HR AlertsAPPLIES TO
All California Employers
EFFECTIVE
February 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
U.S. EEOC Implements New Procedures For Position Statements
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
March Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
February Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
Change to California Posting Requirements as of April 1, 2016
/in HR AlertsAPPLIES TO
California Private Employers with 5+ Employees;
All California Public Entity Employers
EFFECTIVE
April 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Earlier this month, the Fair Employment and Housing Act (“FEHA”) regulations were revised, changing, in part, the California Pregnancy Disability Leave notice that employers are required to post. Specifically, the change relates to the language required in the notice itself. Employers have the option to (1) post the revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or (2) post a notice developed by the employer that is consistent with the regulatory requirements.
Read more
January Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
This HR Alert addresses the following topics:
Read more
OSHA Is Granted the Ability to Increase Maximum Regulatory Penalties Up to 82%
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
August 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On November 2, 2015, President Obama signed H.R. 1314, also known as the Bipartisan Budget Act of 2015, which contains a provision that would allow the Occupational Safety and Health Administration (“OSHA”) the ability to increase penalty fines as much as 82%. This provision allows OSHA a “catch-up adjustment” to compensate for over two decades of static fines. It has not yet been confirmed that OSHA will choose to increase penalties to the full 82% allowed; the provision simply grants OSHA the ability to do so, and does not actually require such action. However, increases are highly likely based upon previous commentary from OSHA leadership about the benefits of stiffer regulatory punishments. Initial penalty increases are mandated to become effective as of August 1, 2016; however, the new penalties can be assessed to violations occurring before the penalty increase.
This information applies to all employers nationwide, even those who do not have a typically hazardous work environment. Citations for violating seemingly minor safety regulations, especially repeat violations, could now cost almost double the previous maximum fine.
Read more
California Enacts an Increase in Piece-Rate Worker Compensation, with Retroactive Repercussions for Resolving Back Wage Claims Without Litigation
/in HR AlertsAPPLIES TO
All California Employers who Employ Piece-Rate Employees
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On October 10, 2015, Gov. Brown signed AB 1513 into law, adding Section 226.2 to the California Labor Code. This legislation is a response to prior court rulings related to required compensation for mandated breaks and other nonproductive time. Specifically, the bill sets forth minimum compensation requirements for rest and recovery periods and other nonproductive time for piece-rate workers, in addition to and separate from their established piece rates. Each type of compensation must also be documented on an employee’s paystub. Additionally, employers who have not been paying piece-workers for this additional time have the opportunity to resolve back claims without litigation. This statute will become effective on January 1, 2016, but will have retroactive repercussions for wages earned as of July 1, 2012.
This information applies to all companies who employ piece-rate workers in California. Examples of employees who are compensated as piece-rate workers include, but are not limited to, those who may do installation work, closing financial transactions when paid a flat rate, agricultural work, manufacturing work, logistics work when a piece rate applies to drivers’ deliveries, etc.
Read more
California Takes the Lead in Enhancing Protections for Gender Wage Equality & Wage Transparency
/in HR AlertsAPPLIES TO
All California Employers and Employees
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On October 6, 2015, Governor Brown signed into law Senate Bill (SB) 358, referred to as the Fair Pay Act. The Act amends Labor Code Section 1197.5 to require that employers prove wage disparities among men and women are not gender based. The Act also penalizes employers for preventing employees from discussing wages. Finally, it increases recordkeeping requirements. These requirements apply both to California employers and companies with employees in California. Although the changes become effective January 1, 2016, employers need to prepare for the effects the changes will create. Additionally, the Act may lead to increased litigation, because the hurdles are being lowered for plaintiffs to bring lawsuits. It may also be a gateway for new class action lawsuits, because attorneys will likely be looking for systemic gender wage disparity within individual companies.
Read more