Tennessee: Employers Must Implement an Anti-Bullying Policy IMMEDIATELY

APPLIES TO

All Employers with TN Employees

EFFECTIVE

April 23, 2019

QUESTIONS?

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(888) 378-2456

HB 856 amended the Healthy Workplace Act to allow private employers to shield themselves from abusive conduct claims. Specifically, if an employer adopts the model Abusive Conduct Prevention Policy, then the employer is immune from suit for any employee’s abusive conduct that results in negligent or intentional infliction of mental anguish. Employers should note that this immunity does not change the personal liability of an employee for any abusive conduct in the workplace.

Employers should immediately implement the model policy or equivalent to avoid potential exposure. However, note that this immunity only applies to abusive conduct claims made under Tennessee law; it does not shield employers from claims made pursuant to federal law.

Action Items

  1. Review the text of the bill here.
  2. Have employee handbooks and anti-bullying policies updated immediately.
  3. 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

Dallas, TX: All Employers Are Required to Implement Paid Sick Leave

APPLIES TO

All Employers with Dallas, TX Employees

EFFECTIVE

August 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Beginning August 1, 2019, Dallas employers with six or more employees will be required to provide paid sick leave (PSL) to employees; employers’ with five or less employees will be required to comply with the new rules beginning August 1, 2021.

  • Who is Eligible? Employees who perform at least 80 hours of work within the City of Dallas in a year, including work performed through a temporary or employment agency. Independent contractors are not eligible.
  • How is PSL earned? Employees must receive one hour of PSL for every 30 hours worked, accruing in one hour unit increments (unless an employer’s written policy states that accrual is in increments of a fraction of an hour). PSL begins accruing at the commencement of employment.
  • How much PSL must be provided? Employers with more than 15 employees at any time in the preceding 12 months must provide employees with at least 64 hours of PSL per year, and employers with 15 or less employees must provide employees with at least 48 hours of PSL per year.
  • How can PSL be used? Employers may restrict employees from using PSL during the employee’s first 60 days of employment if the employer establishes that the term of the employment is at least one year. PSL can be used for the employee’s health care, for a family member’s health care, or in connection with the employee or family member being a victim domestic abuse, sexual assault, or stalking.
  • What documentation can be requested? An employer can adopt reasonable verification procedures for the reason for taking PSL for absences of more than three consecutive work days. However, employers may not require an employee to explain the nature of the reason for taking PSL.
  • Must PSL be carried over? Accrued, unused PSL must carry over to the following year, except where the total PSL is frontloaded at the beginning of each year.
  • What are the notice and documentation requirements? Employees must make a “timely request” for PSL before their scheduled work time, unless PSL is needed for an unforeseen qualified absence. Employers must provide a statement of employees’ available PSL at least monthly. If the employer maintains an employee handbook, a notice of employee’s rights and remedies must be included. Employers are required to post PSL requirements in a conspicuous place where notices to employees are customarily posted.
  • Must PSL be reinstated on rehire? Employees rehired within six months of termination must have their earned PSL available at the time of termination reinstated upon rehire.

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May Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:
  1. California: Registered Fictitious Business Names May Be Listed on Pay Stubs
  2. Indiana: Leaving Work to Voluntarily Testify is Not Protected
  3. Kentucky: Attorneys Must Represent Employers at Unemployment Proceedings
  4. New York, NY: Bans Pre-Employment Marijuana Testing in 2020
  5. New York, NY: Prohibits Discrimination Based on Employee Sexual and Reproductive Health Decisions
  6. Westchester County, NY: Updated Guidance Issued on Paid Sick Leave

Read more

NLRB Update: Dress Code, Cell Phones, and Media Statements, Oh My!

APPLIES TO

All Employers Subject to the NLRA

EFFECTIVE

March 14, 2019

QUESTIONS?

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(888) 378-2456

On March 14, 2019, the National Labor Relations Board (NLRB) released an advice memorandum dated July 31, 2018, providing insight on numerous topics.

  • Dress code policy: The NLRB approved of a policy that prohibited “[a]ny items of apparel with inappropriate commercial advertising or insignia.” “Inappropriate” only referred to images that are inconsistent with a professional, business-like appearance, and did not prohibit employees from exercising rights protected by the National Labor Relations Act (NLRA).
  • Personal cell phone use: A policy that prohibits personal cell phone use on non-working time during working hours violates the NLRA, because employees have a right to communicate with each other during breaks using means that are not monitored by the employer. An employer’s legitimate business interests in preventing distractions, lost time, and lost productivity occur during work time.
  • Confidential employee information: Employers may restrict employees who have access to employee confidential information as part of their job from disclosing such information. The limitation is specific and within an employer’s legitimate business interests, and does not prohibit employees from sharing their own private information.
  • Media communications: Employers may restrict media communications to designated representatives concerning statements that may be interpreted as an official employer position or speaking on the employer’s behalf, provided that employees are not prohibited from communicating with the media about workplace matters.

Action Items

  1. Review the advice memorandum here.
  2. Have policies reviewed for compliance.
  3. 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

U.S. DOL Issues New Opinion Letters on Voluntary Delay or Extension of FMLA Leave, Volunteer Working Hours

APPLIES TO

All Employers with Employees Subject to FMLA and FLSA

EFFECTIVE

March 14, 2019

QUESTIONS?

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(888) 378-2456

On March 14, 2019, the United States Department of Labor Wage and Hour Division (WHD) issued two new opinion letters.  The first letter addresses whether or not employers may extend or delay designating paid leave as FMLA time off.  The second letter addresses whether an employee’s time participating in an optional volunteer program qualifies as hours worked under the Fair Labor Standards Act (FLSA).  These 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.

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Second Circuit: ADA Protects Against a Hostile Work Environment

APPLIES TO

All Employers with Employees in CT, NY, VT

EFFECTIVE

March 6, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Fox v. Costco Wholesale Corp., the Second Circuit Court of Appeals stated that hostile work environment claims may be brought under the Americans with Disabilities Act (ADA). There, an employee who had Tourette’s Syndrome and OCD claimed he was subject to a hostile work environment because of his medical conditions, including mocking his disability over a significant period of time and with the employer’s knowledge. Specifically, the court stated that the prohibition of discrimination under the ADA includes prohibiting workplace harassment, similar as with Title VII claims. The court indicated that there was sufficient information alleged that would allow the case to proceed. Employers should take care to consistently enforce anti-discrimination and harassment policies.

Action Item

  1. Review the decision here.
  2. Have discrimination and harassment policies reviewed for compliance.
  3. Have employees regularly trained on discrimination and harassment prevention.
  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

Eleventh Circuit: Discrimination Defined When Compared to Similar Employees

APPLIES TO

All Employers with AL, FL, GA employees

EFFECTIVE

March 21, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

When making a discrimination claim under federal law, an employee must show she was treated differently than a “similarly situated” individual. In Lewis v. Union City, the Eleventh Circuit en banc defined what it means to be similarly situated. Specifically, only employees who are “similarly situated in all material respects” may be compared for purposes of finding discrimination. Although the analysis of similarity of “all material respects” will be determined on a case-by-case basis, the court gave “guideposts” of what to consider. For example, such individuals will have (1) engaged in the same basic conduct, (2) been subject to the same employment policy or rule, (3) ordinarily have the same supervisor, and (4) a shared employment or disciplinary history.

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Georgia: “Key Employee” Clarified Under Restrictive Covenants Act

APPLIES TO

All Employers with GA Employees

EFFECTIVE

March 5, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Georgia Restrictive Covenants Act (GRCA) prohibits noncompete agreements with employees unless they “customarily and regularly” solicit customers or make sales, or are a “key employee.” In Blair v. Pantera Enters., Inc., the Georgia Court of Appeals provided clarity on what a key employee is. There, an employee left to work for a competitor and a client followed because of its relationship with the employee. The employee did not solicit customers or make sales, and the employer attempted to enforce the noncompete on the basis of being a key employee.

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Kentucky: Mandatory Arbitration is Again Permissible

APPLIES TO

All Employers with KY Employees

EFFECTIVE

March 25, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In September 2018, the Kentucky Supreme Court stated that mandatory arbitration agreements violate state law. Recently, the Kentucky legislature enacted SB 7 to change that ruling. The Bill specifically states that employers may require an employee or applicant to execute an arbitration agreement as a condition of employment. The arbitration agreement must state a reasonable location for the arbitration, apply to both parties, ensure procedural fairness, provide at least one channel for pursuing a legal claim (e.g., individual arbitration), and allow an arbitrator to award the same type of relief as would be available through a court of law.

The Bill applies prospectively and retroactively so as to eliminate the effects of the prior court case. Notably, this permission for mandatory arbitration agreements does not apply to collective bargaining agreements.

Action Items

  1. Have arbitration agreements reviewed by legal counsel for compliance with the new law.
  2. 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: Minimum Wage to Increase to $15 per Hour by 2025

APPLIES TO

All Employers with MD Employees

EFFECTIVE

June 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Maryland legislature recently overrode Governor Hogan’s veto of a minimum wage bill that will increase minimum wage to $15 per hour by 2025, and by 2026 for employers with 14 or less employees. HB 166/SB 280 raises minimum wage to $11 per hour on January 1, 2020, and then by $0.75 each year thereafter until it reaches $15 on January 1, 2025. Small employers will see annual increases of $0.60 each year until July 1, 2026. Workers under 18 years old, down from 20 years, are required to be paid at least 85% of the state minimum wage.

Additionally, employers who take a tip credit for tipped employees must provide employees with a wage statement each pay period showing their effective hourly tip rate “as derived from employer-paid cash wages plus all reported tips for tip credit hours worked each workweek of the pay period.”

Action Items

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Update tipped employee wage statements as required.
  4. Look for forthcoming tip credit wage statement regulations from the Commissioner.
  5. 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