New Hampshire: Medical Marijuana May Be a Reimbursable Workers’ Compensation Expense

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All Employers with NH Employees

EFFECTIVE

March 7, 2019

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(888) 378-2456

The New Hampshire Supreme Court recently stated that a workers’ compensation carrier could not deny an employee’s request for reimbursement of medical marijuana to treat a work-related injury.  In the Appeal of Andrew Panaggio, an employee suffered a lower back injury that resulted in permanent impairment and ongoing pain.  He was prescribed opioids to treat the pain, but due to negative side effects, he was later issued a cannabis registration card authorizing medical marijuana use.  However, the workers’ compensation carrier denied payment of the medical marijuana, alleging that it was not “reasonable/necessary or causally related” to the work injury.

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New Jersey: Update Arbitration and Non-Disclosure Agreements Immediately!

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All Employers with NJ Employees

EFFECTIVE

March 18, 2019

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(888) 378-2456

Recently enacted Senate Bill 121 prohibits nondisclosure agreements from concealing claims of discrimination, harassment, and retaliation. Interestingly, such terms are not enforceable against current or former employees, but they are enforceable against the employer, unless the employee discloses enough information to make the employer “reasonably identifiable.”

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New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

APPLIES TO

All Employers with NJ Employees Who Perform Public Works for NJ

EFFECTIVE

March 31, 2019

QUESTIONS?

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(888) 378-2456

A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements.  According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

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New Jersey: Medical Marijuana Protected from Workplace Discrimination

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

March 27, 2019

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(888) 378-2456

In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

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New Mexico: Minimum Wage Increase and Tip Pool Standards Revised

APPLIES TO

All Employers with NM Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(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

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Review tip pooling procedures for compliance with the new rule.
  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

New York: Voting Paid Time Off Leave Revised

APPLIES 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

  1. Update projected budgets to account for paid voting leave.
  2. Have employee handbooks and voting policies revised for compliance.
  3. Revise voting leave processes in accordance with the new rules.
  4. Update voting posters for consistency with the new rules.
  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

Cincinnati, OH: Salary History Inquiries Now Prohibited

APPLIES TO

All Employers with Cincinnati, OH Employees

EFFECTIVE

March 13, 2020

QUESTIONS?

Contact HR On-Call

(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

APPLIES TO

All Employers with 5 or More Pittsburgh, PA Employees

EFFECTIVE

March 15, 2019

QUESTIONS?

Contact HR On-Call

(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

APPLIES TO

All Employers with tipped WA employees

EFFECTIVE

March 6, 2019

QUESTIONS?

Contact HR On-Call

(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

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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