|
APPLIES TO
All Employers with TX Employees
|
EFFECTIVE
As Indicated |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
Texas enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Discrimination Update. As of September 1, 2019, age-based discrimination protections now apply to people 40 years old and over, which was expanded from the previous range of 40 to 56 years olds.
Electronic Payroll Cards. As of September 1, 2019, employers may use electronic payroll cards to pay employees, provided they give employees written notice of the plan and any fees associated with it at least 60 days before the first electronic funds are paid. Employees must be allowed to opt out of the program, and employers must pay wages using the selected alternative payment method as soon as practicable but no later than 30 days after the employee submits the request.
Jury Service Protections. As of September 1, 2019, employers are prohibited from threatening, intimidating, or discharging any permanent employee based on their jury service. Additionally, an employee’s job position is protected if an employee provides notice as soon as practicable that they intend to return to work after jury service. Further, jury duty protections have been expanded to include service on a grand jury.
Action Items
- Have employee handbooks and policies updated where applicable, and train managers on the recent updates.
- 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
Oregon: Recent Employment Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with OR Employees
EFFECTIVE
As Indicated
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Oregon enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Immigration Enforcement Notice. As of June 6, 2019, SB 370 requires employers to notify employees within three business days of receiving a notice of inspection from a federal agency (e.g., USCIS, ICE) requiring the employer to provide access to employment eligibility and identity verification documents. The notice must be posted in a conspicuous place in English and the language the employer typically uses to communicate with employees, and attempt to distribute the notice to employees in their preferred language. The Bureau of Labor and Industries (BOLI) is required to issue a sample notice by the end of the year.
Read more
Texas: Recent Employment Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with TX Employees
EFFECTIVE
As Indicated
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Texas enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Discrimination Update. As of September 1, 2019, age-based discrimination protections now apply to people 40 years old and over, which was expanded from the previous range of 40 to 56 years olds.
Electronic Payroll Cards. As of September 1, 2019, employers may use electronic payroll cards to pay employees, provided they give employees written notice of the plan and any fees associated with it at least 60 days before the first electronic funds are paid. Employees must be allowed to opt out of the program, and employers must pay wages using the selected alternative payment method as soon as practicable but no later than 30 days after the employee submits the request.
Jury Service Protections. As of September 1, 2019, employers are prohibited from threatening, intimidating, or discharging any permanent employee based on their jury service. Additionally, an employee’s job position is protected if an employee provides notice as soon as practicable that they intend to return to work after jury service. Further, jury duty protections have been expanded to include service on a grand jury.
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
Washington: Recent Employment Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with WA Employees
EFFECTIVE
July 28, 2019, unless otherwise noted
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Washington enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.
Domestic Violence Resources Poster. Employers must now post a Domestic Violence Resources poster in a conspicuous location.
Lactation Accommodations. Employers are required to provide reasonable break time for an employee to express breast milk for up to two years after birth each time the employee needs to express the milk. Employers must provide a private location, other than a bathroom, for lactation. If the business location does not have a lactation space, the employer must work with the employee to identify a convenient location and work schedule to accommodate their needs.
Read more
September Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
Arbitration Agreements Must Exempt NLRA Claims According to the NLRB
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Subject to the NLRA
EFFECTIVE
June 18, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Prime Healthcare, the National Labor Relations Board (NLRB) stated that an arbitration agreement that did not expressly exclude claims filed with the NLRB was invalid. There, the arbitration agreement simply required that all claims between the employer and employee be subject to arbitration. There were a few exceptions identified for workers’ compensation and unemployment claims, but not for National Labor Relations Act (NLRA) claims processed through the NLRB.
The Board stated that although the arbitration agreement did not expressly state that NLRB claims are subject to the arbitration agreement, because it called for “all claims” to be arbitrated, with limited exceptions, it restricted employees’ access to the NLRB and its processes. The Board ordered the employer to rescind the unlawful agreement and provide notice to current and former employees.
Employers should ensure that arbitration agreements expressly exclude NLRB claims. A general disclaimer excluding anything that would interfere with employee rights may not be sufficient.
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
NLRB Clarifies Restrictions on Social Media Use, Confidentiality, and Employee Conduct
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers subject to the NLRA
EFFECTIVE
August 30, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On June 14, 2019, the National Labor Relations Board (NLRB) released an Advice Memorandum in Coastal Industries, Inc. dba Coastal Shower Doors issued on August 30, 2018. The Board applied the 3-tiered Boeing standard to several employer policies. Specifically, Category 1 policies are lawful; Category 2 policies require individual scrutiny; and Category 3 policies are unlawful. The following is a summary of key portions of the NLRB’s review of confidentiality, conduct, and social media policies.
Read more
Union Organizers Can No Longer Use the Public Spaces of an Employer’s Premises
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers subject to the NLRA
EFFECTIVE
June 14, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In UPMC, the National Labor Relations Board (NLRB) eliminated the “public space” rule that allowed nonemployee union representatives to use the public areas of the property for organizing activities. However, public spaces may be used if the union has no other reasonable way of communicating with employees or the employer allows similar groups access to its public spaces.
There, union organizers met with employees in the employer’s public cafeteria and displayed union paraphernalia. Following a confrontation, police escorted the representatives from the property. The employer equally expelled other nonemployee individuals soliciting for any number of reasons.
Moving forward, employers may maintain no-solicitation policies, provided that unions have other ways of communicating with employees and the policy is consistently enforced. Employers should implement standard procedures for enforcing no-solicitation policies to ensure consistent treatment of nonemployees.
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
DOL Issues Opinion Letters on Nondiscretionary Bonuses, Overtime Exemption Standards, and Rounding Time Under the FLSA
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Subject to the FLSA
EFFECTIVE
July 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The U.S. Department of Labor (DOL) recently announced new opinion letters from the Department’s Wage and Hour Division (WHD) on calculating overtime pay for nondiscretionary bonuses and permissible rounding practices under the Fair Labor Standards Act (FLSA). Opinion letters are responses from the WHD to submitted queries, are primarily informative in nature, and are published by the WHD to clarify or interpret existing regulations.
Read more
OSHA Issues Final Rule on Regulatory Safety Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers
EFFECTIVE
July 15, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The Occupational Safety and Health Administration (OSHA) recently issued a final rule to clarify and streamline certain safety standards. For example, it is a set rule that employers must report hearing loss injuries to OSHA if they are work-related. However, determining work-relatedness has been unclear. Now, healthcare providers must follow OSHA’s general standards for determining whether injuries are work-related, as set forth in 29 C.F.R. § 1904.5, when making a determination related to hearing loss.
Read more
Sixth Circuit: Work Restrictions Do Not Equate to a Disability Under the ADA
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with MI, KY, OH, and TN Employees
EFFECTIVE
June 7, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Booth v. Nissan North America, Inc., the Sixth Circuit stated that just because an employee has physical work restrictions does not equate to being “disabled” under the Americans with Disabilities Act (ADA). A person is disabled under the ADA if they have a (1) “physical or mental impairment that substantially limits one or more major life activities,” (2) “a record of such impairment,” or (3) is “regarded as having such an impairment.”
Read more