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January 1, 2020 |
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“Domestic Partnership” is currently defined as two adults who have chosen to share lives in an intimate and committed relationship of mutual caring; however, it requires that the domestic partners be either of the same sex, or of the opposite sex and one or both over 62 years of age. In 2020, SB 30 will allow all couples, including opposite-sex couples both under 62 years of age, to enter into a domestic partnership.
Procedurally, the bill ensures that the Secretary of State (SOS) will make the necessary forms available on its website instead of available through the county clerk. Instructions explaining the rights and responsibilities of domestic partnership, as well as the process for termination, will also be made available on the SOS website. The law continues the existing fee structure, with an exemption for those partnerships where one or both partners are over the age of 62.
Action Items
- Review the text of the bill here.
- Review and update applicable policies for compliance, as needed.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
California: “Domestic Partnership” Status Extended to All Ages and Genders
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
California
EFFECTIVE
January 1, 2020
QUESTIONS?
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(888) 378-2456
“Domestic Partnership” is currently defined as two adults who have chosen to share lives in an intimate and committed relationship of mutual caring; however, it requires that the domestic partners be either of the same sex, or of the opposite sex and one or both over 62 years of age. In 2020, SB 30 will allow all couples, including opposite-sex couples both under 62 years of age, to enter into a domestic partnership.
Procedurally, the bill ensures that the Secretary of State (SOS) will make the necessary forms available on its website instead of available through the county clerk. Instructions explaining the rights and responsibilities of domestic partnership, as well as the process for termination, will also be made available on the SOS website. The law continues the existing fee structure, with an exemption for those partnerships where one or both partners are over the age of 62.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
Colorado: Updated Tip Pool Notice Requirements
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All Employers with Tipped CO Employees
EFFECTIVE
August 2, 2019
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Colorado employers using tip pools must now comply with revised notice requirements under HB 1254. Specifically, tips are considered the sole property of employees unless the employer publishes a sufficient notice (including on menus, table tents, or receipts) informing each customer that the tips are shared by the employees. Under the former law, employers could only keep a portion of the tips received if they noticed the customer base with a 12 x 15 inch posting; now, employers may not keep any portion of tips.
The bill specifically states that it does not prevent required tip pooling. However, it remains unclear whether the bill applies to voluntary tip pools where the decision to share tips is made by the individual receiving the tips.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries
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All Employers with IL Employees
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September 29, 2019
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HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers. The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.
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Illinois: Harassment and Discrimination Updates for Employers
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Certain Employers with IL Employees, as indicated
EFFECTIVE
January 1, 2020, unless otherwise noted
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Illinois’s legislature passed SB 75 and HB 252 providing increased protections against workplace harassment and discrimination. Key components are summarized below.
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Illinois: Expanded Protections for Organ Donors on Leave
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All Employers with IL Employees
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January 1, 2020
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Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847). Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.
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Maine: Reasonable Accommodations for Pregnant and Nursing Workers Must be Provided
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All Employers with ME Employees
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September 19, 2019
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Governor Janet Mills recently signed An Act to Protect Pregnant Workers (L.D. 666) into law. This Act broadens protections for pregnant and nursing employees in a number of ways, and further amends the language of existing provisions to incorporate gender-neutral language.
Specifically, employers will be required to provide reasonable accommodations to employees afflicted with pregnancy-related conditions, unless the accommodation imposes undue hardship upon the employer. Examples of reasonable accommodations include providing/modifying seating, equipment, or scheduling, temporary transfer to light or less strenuous/hazardous work, longer or more frequent breaks, and accommodations for lactation. Existing anti-discrimination provisions prohibiting employers from treating pregnant workers differently remain in place.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
Maryland: Noncompete Clauses Banned for Low Wage Workers
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All Employers of MD Employees
EFFECTIVE
October 1, 2019
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As a matter of public policy, SB 328 prohibits employers from including noncompete and conflict of interest provisions in employment contracts for employees earning less than $15 per hour, or $31,200 annually. If a noncompete or conflict of interest provision is found in an employment contract and restricts entry into employment with another employer, or restricts the employee from becoming self-employed in the same or similar business or trade, it shall be deemed null and void.
The bill applies to Maryland employees regardless of whether the contract was executed inside or outside of the State. The new legislation does not apply to employment contracts restricting the use of client lists or other proprietary client-related information.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2019 ManagEase
New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists
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All Employers with NJ Employees
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January 1, 2020
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Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries. Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.
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New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws
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All Employers with NJ Employees
EFFECTIVE
August 6, 2019, unless otherwise noted
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New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.
Notice Requirement. The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws. Employers must provide this statement to all current employees and new employees at time of hire.
Failure to Maintain Records. Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true. Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.
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Nevada: Extensive Legislative Updates
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All Employers with NV Employees
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Varies; See Below
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The Nevada Legislature enacted a number of laws in 2019. Below is a summary of legislative updates that impact employers.
AB 181 | Sick Day Notice. Effective May 15, 2019, employers cannot require employees to be physically present at work in order to provide notification of an injury or illness requiring sick leave usage. However, employers can continue to require employees to notify the employer when they are sick and cannot come to work.
AB 192 | Removal of Decriminalized Offenses. Effective July 1, 2019, any person convicted of a decriminalized offense may request to have records of the offense sealed so they do not appear on background checks.
AB 226 | Microchip Implantation. Effective October 1, 2019, employers or any other entity or individual cannot require a person to have a microchip implant or other permanent identification marker as a condition of employment.
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