|
APPLIES TO
All Employers with NM Employees
|
EFFECTIVE
January 1, 2020 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
|
New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.
Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.
Action Items
- Update projected budgets to account for increases in minimum wage.
- Update payroll processes to account for minimum wage increases.
- Review tip pooling procedures for compliance with the new rule.
- 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
New Mexico: Minimum Wage Increase and Tip Pool Standards Revised
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with NM Employees
EFFECTIVE
January 1, 2020
QUESTIONS?
Contact HR On-Call
(888) 378-2456
New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.
Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.
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 York: Voting Paid Time Off Leave Revised
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with NY Employees
EFFECTIVE
April 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
New York Election Law § 3-110 now provides for up to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. Employers may designate the voting time be taken at the beginning or end of a shift. These changes were made in passing the state’s yearly budget. Previously, two hours of paid voting leave was only required if an employee did not have a four hour window to vote before or after a shift. Now, the paid requirement is increased and there is no requirement of an inability to vote due to an employee’s shift.
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
Cincinnati, OH: Salary History Inquiries Now Prohibited
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with Cincinnati, OH Employees
EFFECTIVE
March 13, 2020
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(888) 378-2456
On March 12, 2019, a new ordinance amended the Cincinnati, Ohio city code to make it unlawful for employers to ask job applicants about prior salary history or current earnings, among other provisions, with few exceptions. Like other states and localities implementing similar prior salary history bans, this measure is intended to address discriminatory pay practices that are perpetuated by basing an applicant’s salary on historical compensation data.
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Pittsburgh, PA: Expanded Protections for Pregnant Workers – AND Their Partners
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with 5 or More Pittsburgh, PA Employees
EFFECTIVE
March 15, 2019
QUESTIONS?
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(888) 378-2456
Over the last few years, more and more cities and states have increased anti-discrimination protections for pregnant workers, but the city of Pittsburgh has become one of the first in the nation to extend similar protections to the partners of pregnant employees. This amendment to existing city code comes by way of a new ordinance unanimously passed by the Pittsburgh city council.
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Washington: New Administrative Policy on Tips
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with tipped WA employees
EFFECTIVE
March 6, 2019
QUESTIONS?
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(888) 378-2456
The Washington Department of Labor & Industries recently issued an administrative policy providing guidance on tips, gratuities, and service charges under the Washington Minimum Wage Act. Key portions of the policy include:
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April Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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Hold On to Your Hats – Expanded EEO-1 Pay Data May Need to Be Reported for 2018
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers Required to Submit EEO-1 Reports
EFFECTIVE
March 4, 2019
QUESTIONS?
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(888) 378-2456
A Washington, D.C. federal district court judge in National Women’s Law Center v. OMB recently stated that the previously revised EEO-1 report, including employee pay data, is the form employers should be using to submit their required Employer Information Report. In 2016, the EEOC proposed changes to its employer data collection requirements to add 12 pay bands for the 10 job categories that are tracked in EEO-1 reporting. After proposed revisions, the rule was approved by the Office of Management and Budget (OMB) and the revised EEO-1 form was issued. However, following the 2016 presidential election, the OMB directed the EEOC to issue a stay of the form’s release, which it did, and the EEOC subsequently removed the revised EEO-1 form from its website.
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Third Circuit: FAAAA Does Not Preempt State Independent Contractor Laws
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with DE, NJ, PA, or Virgin Islands Employees
EFFECTIVE
January 29, 2019
QUESTIONS?
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(888) 378-2456
In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeal stated that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit under state wage and hour laws for improper classification as independent contractors.
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Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of KY, MI, OH, or TN Employees
EFFECTIVE
February 12, 2019
QUESTIONS?
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(888) 378-2456
In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.
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Ninth Circuit: Joint Employers Are Liable for Non-Workplace Matters Under Title VII for H-2A Workers
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, or Northern Mariana Islands Employees with H-2A Visas
EFFECTIVE
February 6, 2019
QUESTIONS?
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(888) 378-2456
In EEOC v. Global Horizons, Inc., the Ninth Circuit stated that because employers of H-2A workers are required to provide housing, meals and transportation as “material terms and conditions” of their employment, these employers can be liable for such non-workplace matters under Title VII, even if the employers contract with a third party to provide those work benefits. There, two orchard growers hired Global Horizons as their staffing firm to recruit agricultural workers using H-2A visa authorizations. Two of the workers filed a discrimination claim against the growers and Global Horizons, claiming poor working conditions, substandard living conditions, and unsafe transportation based on their race and national origin.
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