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APPLIES TO
All Employers with CA Employees
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EFFECTIVE
August 30, 2019 |
QUESTIONS?
Contact HR On-Call
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On August 30, 2019, Governor Newsom signed SB 778 which extends the current harassment training deadline for employers from January 1, 2020 to January 1, 2021. This basically gives employers an extra year to train supervisors and employees in order to meet SB 1343’s requirements. Don’t panic! If you already did your training this year, your organization gets credit for it with the extended deadline, and will only need to re-train two years from now (i.e., by the end of 2021) as previously planned. Similarly, if your already-established, two-year training schedule means you are required to provide training by the end of this year, the amended rules do not give you an extension of time, but allow this year’s training to count toward the new requirement and you will just remain on your set two-year training schedule.
Essentially, this bill does not change the timeline for those who have already completed their training this year, and gives extra time to those who completed training last year and have not yet done the next round of required training. Employers should note they must also still provide harassment training to employees within 6 months of hire, and to supervisors within 6 months of attaining the position.
Action Items
- Track harassment training compliance.
- Have harassment training scheduled within the required time periods.
- 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
IMPORTANT! California: Harassment Training Requirement Extended One Year
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CA Employees
EFFECTIVE
August 30, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On August 30, 2019, Governor Newsom signed SB 778 which extends the current harassment training deadline for employers from January 1, 2020 to January 1, 2021. This basically gives employers an extra year to train supervisors and employees in order to meet SB 1343’s requirements. Don’t panic! If you already did your training this year, your organization gets credit for it with the extended deadline, and will only need to re-train two years from now (i.e., by the end of 2021) as previously planned. Similarly, if your already-established, two-year training schedule means you are required to provide training by the end of this year, the amended rules do not give you an extension of time, but allow this year’s training to count toward the new requirement and you will just remain on your set two-year training schedule.
Essentially, this bill does not change the timeline for those who have already completed their training this year, and gives extra time to those who completed training last year and have not yet done the next round of required training. Employers should note they must also still provide harassment training to employees within 6 months of hire, and to supervisors within 6 months of attaining the position.
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
California: State Supreme Court Takes a Heavy-Handed Look at Unconscionability in Arbitration Agreements
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
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August 29, 2019
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In Oto, LLC v. Kho, the California Supreme Court again pushed back on arbitration agreements in employment. The U.S. Supreme Court historically has said that states cannot discriminate against arbitration as a forum for resolving disputes or in favor of some disputes over others. Here, the California Supreme Court attacked the unconscionability of the agreement, meaning that the agreement was unfair in how it was presented to the employee.
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California: AB 5 Cements the Dynamex Independent Contractor Test
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January 1, 2020
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In 2018, in Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court set forth an ABC test for determining when an individual is an independent contractor rather than an employee for wage and hour-related claims. Specifically, the Court stated that a workers is presumed to be an employee unless the business proves: (A) the worker is free from control and direction of the hirer in connection with the performance of the work, based in contract and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. The previous Borello standard was left in place for determining independent contractor status for non-wage and hour claims.
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Colorado: Employer Policy Controls Vacation Payout on Termination
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June 27, 2019
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In Nieto v. Clark’s Market, Inc., the Colorado Court of Appeal stated that the employer and employee’s agreement determines how accrued vacation time is handled at termination. Specifically, the state Wage Claim Act, which states in part that the employer must pay all earned vacation upon termination “in accordance with the terms of any agreement between the employer and the employee,” does not create an independent right of employees to receive vacation payout upon termination.
There, the employer’s vacation policy provided for payout of earned vacation time upon termination if the employee provided at least two weeks’ advance notice of leaving employment; however, vacation benefits are forfeited if insufficient notice was provided or the employee is terminated. The court stated that the employer’s policy controlled, and the employee did not meet the requirements. Employers should have vacation policies reviewed accordingly, and should seek legal counsel before refusing to pay out earned vacation upon termination where a vacation policy is silent on those terms.
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
Chicago, IL: Predictive Scheduling Law Coming Next Summer
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Certain Employers with Chicago, IL Employees
EFFECTIVE
July 1, 2020
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The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with 100 or more employees globally (250 employees for non-profit organizations), 50 of which meet the eligibility requirements. Employees are eligible for protection under the Ordinance if they primarily work in Chicago, earn no more than $50,000 per year in salary or $26 per hour as an hourly worker, and work in building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services industries.
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Maine: Recent Employment Updates
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All Employers with ME Employees
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September 17, 2019
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Maine enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Privacy Protections. Employers will be prohibited from requesting applicants’ Social Security numbers, unless used in the context of a pre-employment background screen or substance abuse testing.
Tip Pooling Clarified. Employers may only implement tip pooling among service employees, and provided that they do not violate the Fair Labor Standards Act (FLSA).
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Nebraska: Employees are Permitted to Discuss Wages
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All Employers subject to FEPA with NE Employees
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September 6, 2019
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LB 217 updated the Nebraska Fair Employment Practice Act (FEPA) to prohibit employer discrimination of employees who “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation” outside of working hours. This rule does not apply to employees whose job functions allow them access to this information and disclose it to someone who does not otherwise have authorized access to the information, except under limited circumstances. It also does not apply to employees who disclose such wage information to the general public or to the employer’s competitors.
The rule expressly states that employers are not required to disclose information regarding employee wages, benefits, or compensation. However, it also states that this information is not proprietary information. This means that employers should have their nondisclosure agreements reviewed by legal counsel to ensure they are compliant with the current rule.
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
North Dakota: Recent Employment Updates
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All Employers with ND Employees
EFFECTIVE
August 1, 2019
QUESTIONS?
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(888) 378-2456
North Dakota enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Volunteer Emergency Responder Leave. Covered leave now includes all volunteer members of the army or air national guard in any state, not just North Dakota.
Marijuana “Decriminalization”. North Dakota reduced penalties for first-time possession of up to a half ounce of marijuana to only a fine, not jail time. However, possession of larger amounts, repeat offenses, and sales or trafficking can still result in harsher sentences. The lessening of punishment for first-time offenders does not make marijuana legal; it merely treats the infraction more like a traffic ticket.
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Oklahoma: Employers May Seek Restraining Orders Against Workplace Harassment
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November 1, 2019
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SB 715 created the Protection from Workplace Harassment and Violence Act which permits employers to obtain a temporary restraining order against individuals who engage in workplace harassment, including “repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim.” Injunctive relief could include restraining an individual from entering the employer’s property, contacting the employer or any employee while at work, or any other relief necessary to protect the employer or its employees.
Employers will be immune from civil liability for seeking or failing to seek an injunction; however, employers are still required to provide a safe workplace. Additionally, the new Act cannot be used to prohibit constitutionally protected activities, such as speech.
Employers should consider reviewing workplace violence policies and emergency plans consistent with the new permissions. This may be a useful tool for employers to ensure workplace safety.
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
Oregon: Paid Family Leave Coming in 2023
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
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September 29, 2019
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HB 2005 will implement a paid family leave (PFL) program in Oregon, with employees able to use the benefits beginning on January 1, 2023. The bill applies to all employers with at least one employee in Oregon. Employees will receive supplemental wage replacement benefits paid by the state for leave taken from work to care for a family member with a serious health condition, for their own serious health condition, to care for and bond with a child during the first year of birth or following foster placement or adoption, or for safe leave related to domestic violence, harassment, sexual assault, or stalking.
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