|
APPLIES TO
All Employers of NV Employees
|
EFFECTIVE
January 1, 2020 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
Effective January 1, 2020, Nevada will be the first state in the country to prohibit employers from failing or refusing to hire an applicant on the basis of failing a pre-employment marijuana test. The new law does not apply to certain occupations, such as EMTs, firefighters, and any position that drives vehicles in which drug testing is required by federal or state law. Furthermore, employers are able to reject job applicants if positive marijuana usage puts others’ safety at risk.
Employees will have the ability to challenge the results of pre-employment drug testing required by employers within the first 30 days of hiring. The challenging employee must pay for a second screening test, but the results must be considered by the employer. This challenge provision does not apply if it conflicts with an employment contract, collective bargaining agreement, or federal or state requirements, or to any positions funded by federal grants.
Action Items
- Read AB 132 here.
- Update background screening procedures for and train hiring managers on the new restrictions.
- 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
Seventh Circuit: Obesity is a Disability Under the ADA Under Limited Circumstances
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with IL, IN, and WI Employees
EFFECTIVE
June 12, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Richardson v. Chicago Transit Authority, the Seventh Circuit Court of Appeal stated that obesity would only be considered a disability under the Americans with Disability Act (ADA) if the obesity is caused by a physiological disorder or condition. This decision aligns the Seventh Circuit with the Second, Sixth, and Eighth Circuit courts.
Generally, employers covered by the ADA are required to provide disabled employees with reasonable accommodations that will allow the disabled person to perform the essential function of their job. Richardson provides employers with guidance on how the ADA applies to obesity. If an obese individual’s condition prevents them from performing essential job duties, or threatens the safety of others, employers may still need to engage in the interactive process to determine if the individual’s condition qualifies under the ADA or other state or local laws.
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
Alabama: New Pay Equity Law Prohibits Retaliation Related to Wage History Inquiries; Adds Equal Pay Provisions
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with AL Employees
EFFECTIVE
September 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The newly enacted Clarke-Figures Equal Pay Act (CFEPA) is Alabama’s first statewide pay equity law, and goes into effect on September 1, 2019. The CFEPA takes its cues from the federal Equal Pay Act, but also includes provisions commonly seen in other state-level pay equity laws designed to combat discriminatory pay practices.
Read more
California: Paid Family Leave Extended in 2020
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CA Employees
EFFECTIVE
June 27, 2019, July 1, 2020, and January 1, 2021
QUESTIONS?
Contact HR On-Call
(888) 378-2456
SB 83 was recently enacted to extend Paid Family Leave (PFL) benefits from a maximum of six to eight weeks beginning on July 1, 2020. PFL benefits are used by employees to care for an ill family member or bond with a child. Beginning January 1, 2021, the bill adds benefit coverage for employees participating in a qualifying exigency related to the covered active duty of a qualified family member in the U.S. Armed Forces.
The bill also requires the governor to propose other PFL benefit increases by November 2019. This would include extending coverage up to three months for each parent to take consecutively for baby bonding, increasing the benefit rate up to 90% for low-wage workers, and implementing job protections. Employers should continue to look for ongoing updates on these changes.
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
Connecticut: New Bill Implements Expansive, Fully Paid Family Leave Benefits
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CT Employees
EFFECTIVE
June 25, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On June 25, 2019, Governor Ned Lamont signed Public Act 19-25, “An Act Concerning Paid Family and Medical Leave” (the Act) into law, setting the wheels in motion for the most generous paid family and medical leave benefit in the United States. The Act substantially amends the existing Connecticut Family and Medical Leave Act (CTFMLA), expanding coverage to all employees, reducing the waiting period for eligibility, and requiring compensation of employees on leave.
Read more
Connecticut: Sexual-Harassment Prevention Obligations Expanded, Including Training Requirements
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with Connecticut Employees
EFFECTIVE
October 1, 2019, unless otherwise noted
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Public Act 19-16, also known as the “Time’s Up” bill, imposes quite a number of new obligations on employers in the battle against sexual harassment. Most provisions go into effect as of October 1, 2019, unless otherwise noted.
Read more
Illinois: Get Ready for Marijuana Legalization in 2020
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with IL Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug. House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.
Read more
Minnesota: New Wage Theft Prevention Bill Greatly Expands Employer Responsibilities – And Potential Penalties
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of MN Employees
EFFECTIVE
July 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The Jobs and Economic Development Omnibus bill (the Bill), recently passed by the Minnesota Legislature and signed by Governor Walz, impresses upon employers new wage-paying requirements. The Bill incorporates new timing, notice, and recordkeeping obligations for employers, and greatly expands civil and criminal enforcement of wage payments. Employers should note the following key provisions:
Read more
Nevada: Employers Cannot Decline Job Applicants Based on a Positive Marijuana Testing
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of NV Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Effective January 1, 2020, Nevada will be the first state in the country to prohibit employers from failing or refusing to hire an applicant on the basis of failing a pre-employment marijuana test. The new law does not apply to certain occupations, such as EMTs, firefighters, and any position that drives vehicles in which drug testing is required by federal or state law. Furthermore, employers are able to reject job applicants if positive marijuana usage puts others’ safety at risk.
Employees will have the ability to challenge the results of pre-employment drug testing required by employers within the first 30 days of hiring. The challenging employee must pay for a second screening test, but the results must be considered by the employer. This challenge provision does not apply if it conflicts with an employment contract, collective bargaining agreement, or federal or state requirements, or to any positions funded by federal grants.
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
Nevada: Large Employers Must Provide Paid Leave for Any Reason Starting in 2020
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Employers with 50+ NV Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Beginning January 1, 2020, Senate Bill No. 312 will require private employers of 50 or more employees to provide up to 40 hours of paid leave that can be used for any purpose. Key requirements are summarized below.
Read more
New Jersey: Adds Protections to Medical Marijuana Use by Employees
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with NJ Employees
EFFECTIVE
July 2, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
As of July 2, 2019, the Compassionate Use Medical Cannabis Act now prohibits employers from taking any adverse employment action against a qualified employee based solely on the employee’s status as a registered medical marijuana user. The law applies to employees who have been authorized by a healthcare provider to use medical marijuana, and are registered as such with the state. Additionally, employees have the right to explain drug test results and the employer must provide written notice of their right to explain.
The Act now makes clear that employers can prohibit possession or use of marijuana during work hours or on the premises of the workplace outside of work hours. Additionally, the Act does not require an employer to take action that would cause the employer to be in violation of federal law, lose a licensing-related benefit, or lose a federal contract or funding.
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