Colorado: Expansive New Equal Pay Bill Introduces New Restrictions in Salary Inquiries and Job Postings

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All Employers with CO Employees

EFFECTIVE

January 1, 2021*

QUESTIONS?

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(888) 378-2456

On May 22, 2019, the Colorado governor signed the Equal Pay for Equal Work Act (Senate Bill 19-085) (the Act) into law.  The Act introduces a number of new regulations that employers must take heed of, and is set to go into effect on January 1, 2021, barring a petition and vote otherwise.

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Colorado: Limits on Job Applicants’ Criminal History Inquiries

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All Employers with CO Employees

EFFECTIVE

September 1, 2019 and September 1, 2021

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(888) 378-2456

Effective September 1, 2019 for employers with 11 or more employees, and effective September 1, 2021 for employers of all sizes, HB19-1025 prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant’s criminal history on an initial application.

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Colorado: Employers Can Face Potential Criminal Charges for Wage Violations

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All FLSA Employers with CO Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

Employers who commit wage theft may be subject to increased penalties mandated in Colorado’s criminal theft statute, because HB19-1267 recently redefined “wage theft” as “criminal theft.” Specifically, willfully refusing to pay wages or falsely denying the amount of a wage claim is considered misdemeanor petty theft. If the wage amount is over $2,000, the violation is felony theft. By treating wage theft as a criminal act, employer fines (currently at $300 for failure to pay wages, or $500 for failure to pay minimum wage) could range from $50 to $1 million, depending on the circumstances of the crime.  This bill applies to all employers who are subject to the Fair Labor Standards Act (FLSA).

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Colorado: Look for Local Minimum Wage Laws Enacted in 2020

APPLIES TO

All Employers with CO Employees

EFFECTIVE

January 1, 2021

QUESTIONS?

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(888) 378-2456

HB19-1210 allows up to 10% of Colorado’s local jurisdictions to enact local minimum wage rates for individuals performing work while physically within the locality’s jurisdiction, which rates cannot increase by more than$1.75 or 15% annually, whichever is higher. Also, adjoining communities may join together to implement regional minimum wage rages. County minimum wages will only be applicable to the unincorporated areas of the county. Employee time spent traveling through a jurisdiction, or for stopping to refuel or for an employee’s personal meal or errands, is not subject to local minimum wage rates.

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Connecticut: New Guidance Clarifies Pregnancy Accommodation Requirements

APPLIES TO

All Employers with CT Employees

EFFECTIVE

April 23, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices “Bluepaper” to help employers understand their role in accommodating employees impacted by pregnancy, childbirth, or related conditions.  The Bluepaper reiterates the standards set out by the Connecticut Fair Employment Practices Act (CFPA); more importantly, it further clarifies or directs employers on how to handle specific situations under the law.

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Indiana: Employers Now Permitted to Deduct Uniform Rental from Wages

APPLIES TO

All Employers with IN Employees

EFFECTIVE

May 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

SB 99 now permits employers to deduct the cost of uniform rentals from an employee’s paycheck, including the cost of things like uniform shirts, pants, or job-related clothing. Previously, paycheck deductions were only permitted under specific circumstances, and could only be made for approved reasons listed in Indiana’s wage deduction statute (primarily, health insurance premiums and union dues).  Uniform and job-required equipment “purchases” were added to the statute in 2015; with SB 99, rental of uniform wear is now added to this list of approved deductions.

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Maine: Employers Must Provide Paid Leave For Any Reason Starting in 2021

APPLIES TO

Private Employers with 10 or more ME Employees

EFFECTIVE

January 1, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Mills recently signed LD 369 requiring private employers with 10 or more employees to provide paid leave for any reason. Earned paid leave (EPL) accrues at one hour for every 40 hours worked, up to 40 hours in one year of employment. Accrual begins at the start of employment, but taking leave may be restricted until the individual has been employed for 120 days.

Employees must give reasonable notice of their intent to use EPL, unless it is due to emergency, illness, or other sudden necessity. Employers must also maintain employee benefits during the leave period. The Maine Department of Labor is expected to adopt rules to implement the new leave law. Notably, the law does not apply to employees covered by a collective bargaining agreement.

Action Items

  1. Review the bill here.
  2. Implement a paid leave policy by 2021.
  3. Have managers and payroll administrators trained on the new requirements.
  4. 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

Maryland: New Employment Laws Update

APPLIES TO

Employers with MD Employees, as indicated

EFFECTIVE

As indicated

QUESTIONS?

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(888) 378-2456

The Maryland legislature adjourned in April after enacting several employment-related laws, summarized below.

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Massachusetts: Commission-Only Workers Get Overtime

APPLIES TO

All Employers with MA Commission-Only Employees

EFFECTIVE

May 8, 2019

QUESTIONS?

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(888) 378-2456

In Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court recently stated that retail salespeople who are paid entirely in commissions or draws are entitled to separate and additional overtime or Sunday pay. There, employees who worked more than 40 hours in a week and on at least one Sunday, did not receive any additional compensation beyond their daily draw and commissions. Even though the compensation received always equaled or exceed the minimum wage and overtime and Sunday pay rates, the court stated that this was insufficient. Overtime and Sunday pay laws, as well as Department of Labor Standards’ (DLS) opinion letters, supported its interpretation.

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Nevada: Legislature Defines “Health Benefits” for Lower-Tier Minimum Wage Rate

APPLIES TO

All Private Employers with NV Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Senate Bill 192 recently passed defining “health benefits” for purposes of employers paying the lower-tier minimum wage. Specifically, employers may pay a lower tier minimum wage if they provide health benefits to employees. There has been some controversy over what “health benefits” means. Last year, in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court stated that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” for the higher-tier minimum wage, and cost the employer at least an additional dollar in wages.

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