The South Carolina Pregnancy Accommodations Act (the “Act”), originally signed on May 17, 2018, imposes new accommodation requirements on employers of at least 15 or more employees. Covered employers will be required to provide accommodations for needs related to pregnancy, childbirth, or other related medical conditions, with additional notice and posting requirements. Although most of the provisions of the Act were effective immediately at time of signing, the effective date of the notice requirement was designated as September 14, 2018.
Reasonable accommodations. Unless the accommodation imposes an undue hardship on business operations, employers are required to provide reasonable accommodations to employees for pregnancy-related conditions. The Act provides examples of reasonable accommodations, including, but not limited to:
- Providing a private place other than a bathroom stall for the purpose of expressing breast milk;
- Providing seating, or allowing the employee to sit more frequently if job duties ordinarily require the employee to stand;
- Providing more frequent or longer break periods;
- Temporarily transferring the employee to a less strenuous position;
- Restructuring or modifying job responsibilities to light duty;
- Modifying work schedules.
The Act does not require employers to create new positions, compensate employees for more frequent or longer break periods, or hire new employees that the employer would not have otherwise hired.
Unlawful employment practices. Employers are not permitted to take adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy, childbirth or other related medical conditions, nor can an employer require an employee to take leave if a reasonable accommodation can be provided instead. Finally, employers cannot require an employee or applicant to take an accommodation that the individual does not wish to accept, where the individual does not have a known limitation as a result of pregnancy or the accommodation is not necessary to perform the individual’s essential job duties.
New notice requirements. Employers are required to provide written notice of an employee/applicant’s rights under the Act. Such written notice must be distributed to all existing employees by September 14, 2018, and to all new employees at time of hire. The notice must also be conspicuously posted at the worksite in an area accessible to employees. The South Carolina Human Affairs Commission is expected to provide a sample notice for employer use.
South Carolina: Employers Must Provide Pregnancy Accommodations
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with 15 or more SC Employees
EFFECTIVE
May 17, 2018 and September 14, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The South Carolina Pregnancy Accommodations Act (the “Act”), originally signed on May 17, 2018, imposes new accommodation requirements on employers of at least 15 or more employees. Covered employers will be required to provide accommodations for needs related to pregnancy, childbirth, or other related medical conditions, with additional notice and posting requirements. Although most of the provisions of the Act were effective immediately at time of signing, the effective date of the notice requirement was designated as September 14, 2018.
Reasonable accommodations. Unless the accommodation imposes an undue hardship on business operations, employers are required to provide reasonable accommodations to employees for pregnancy-related conditions. The Act provides examples of reasonable accommodations, including, but not limited to:
The Act does not require employers to create new positions, compensate employees for more frequent or longer break periods, or hire new employees that the employer would not have otherwise hired.
Unlawful employment practices. Employers are not permitted to take adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy, childbirth or other related medical conditions, nor can an employer require an employee to take leave if a reasonable accommodation can be provided instead. Finally, employers cannot require an employee or applicant to take an accommodation that the individual does not wish to accept, where the individual does not have a known limitation as a result of pregnancy or the accommodation is not necessary to perform the individual’s essential job duties.
New notice requirements. Employers are required to provide written notice of an employee/applicant’s rights under the Act. Such written notice must be distributed to all existing employees by September 14, 2018, and to all new employees at time of hire. The notice must also be conspicuously posted at the worksite in an area accessible to employees. The South Carolina Human Affairs Commission is expected to provide a sample notice for employer use.
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.
© 2018 ManagEase
South Carolina: New Expungement Law Allows Applicants to Remove Minor Criminal Convictions
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All Employers with SC Employees
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December 27, 2018
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While South Carolina does not have its own statewide “ban-the-box” law, its legislature recently overrode the Governor’s veto and passed a new bill to expand the current expungement law. This bill will allow individuals to more easily remove minor criminal convictions from their records.
Currently, individuals can expunge first-offense, low-level crimes carrying a sentence of 30 days or less after a period of good behavior. The new law removes the first-offense requirement and permits multiple convictions arising from the same sentencing if they are “closely connected.” In addition, first-offense simple drug possession and distribution crimes may be expunged. Significantly, the expanded scope of the expungement law can be applied to offenses committed prior to the law’s passage.
Additionally, employers who do become aware of an expunged offense may not take adverse employment action against the applicant/employee on the basis of that knowledge. Employers should refrain from seeking information about expunged offenses during the hiring process.
With the new law, employers will not be able to obtain information on applicants’ expunged offenses. However, the law provides immunity to employers for administrative claims or lawsuits related to expunged convictions, offering a potential level of protection against negligent hiring, retention, or supervision claims.
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.
© 2018 ManagEase
Vermont: New Sexual Harassment Prevention Law Imparts Greater Employee Protections, Employer Penalties
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July 1, 2018
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Signed on May 30, 2018, the “Act Relating to the Prevention of Sexual Harassment” (the “Act”) went into effect on July 1, 2018. The Act, in response to public outcry through the #MeToo movement, implements expansive protections for employees, independent contractors, and interns, creates new employer obligations, and greatly strengthens the state agency’s ability to enforce sexual harassment prevention remedies.
Key provisions of the Act include the following:
The Act also emphasizes Vermont employers’ responsibility to provide workers with a written copy of the sexual harassment policy upon hire and whenever the policy is revised. Although not required, the Act encourages employers to provide sexual harassment prevention training to employees as well as supervisors and managers.
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.
© 2018 ManagEase
Vermont: Adds “Crime Victims” to Protected Classes, New Unpaid Leave
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July 1, 2018
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Effective July 1, 2018, HB 711 adds “crime victims” to the Vermont Fair Employment Practices Act’s list of protected classes. This addition prohibits retaliation and discrimination against crime victims, and also requires employers to provide an unpaid leave of absence to employees who need to attend legal proceedings related to this class.
“Crime victim” refers to individuals who are victims of domestic relations abuse, stalking, sexual assault, or abuse of a vulnerable adult under specified Vermont statutes. The definition also includes the crime victim’s child, foster child, parent, spouse, stepchild or ward who lives with the victim, or parent of the victim’s spouse, provided these individuals are not identified as a defendant.
Employers must permit such crime victims unpaid leave to allow the employee to attend:
Employees may use accrued benefit time (such as vacation, paid time off, or sick leave) in lieu of part or all unpaid leave. Employers are also required to maintain the same level of benefits coverage for the employee for the duration of the leave. Upon return from leave, the employee must maintain the same job with the same level of compensation, benefits, and other terms and conditions of employment, with few exceptions.
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.
© 2018 ManagEase
Seattle, WA: Seattle’s Paid Sick and Safe Rules Revised Again
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All Employers with Seattle, WA Employees
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July 1, 2018
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(888) 378-2456
Seattle’s local paid sick leave ordinance has undergone yet another round of changes. When Washington passed a statewide paid sick and safe time (“PSST”) requirement last year, Seattle’s ordinance was amended to more closely align with state provisions. Now, an additional revision to the Administrative Rules governing PSST incorporates a few more important changes and deletions, with a new effective date of July 1, 2018. The below table contains select key revised or expunged rules:
Employers may also seek documentation or verification for PSST of fewer than four consecutive days for clear instances or patterns of abuse.
Rule regarding employer’s ability to seek documentation in instances or patterns of abuse has been eliminated.
The above amendments are primarily intended to incorporate state requirements. However, employers should still carefully review the revised rules and the potential impact on their operations.
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.
© 2018 ManagEase
Wisconsin: Disabled Employees Must Prove an Employer’s Knowledge or Intent to Discriminate
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June 26, 2018
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(888) 378-2456
In Wisconsin Bell, Inc. v. Labor and Industry Review Commission and Charles Carlson (Carlson), the Wisconsin Supreme Court stated that employees who claim disability discrimination must prove discriminatory intent or that the employer knew the employee’s misconduct or poor performance was caused by a disability.
There, Carlson suffered from bipolar I disorder and was disciplined for customer mistreatment and avoiding his job duties. While awaiting final discipline, he presented doctor letters regarding his disability. After a final warning was issued, Carlson again avoided his job duties and claimed he needed to leave work for illness, but did not specify his disorder. His computer activity during this time suggested he was not actually ill. Again, while awaiting final discipline, he presented doctor’s letters regarding his disability. Ultimately, Carlson was terminated for policy violations.
The Wisconsin Supreme Court stated that the employee must show that the employer’s decision at the time was based on its knowledge of a causal connection between the employee’s misconduct and the disability. The court stated that the doctor’s letters presented by Carlson did not notify the employer of a connection between his disability and his behavior at work, and therefore the discipline was not unlawful.
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.
© 2018 ManagEase
July Updates
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Varies
EFFECTIVE
Varies
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NLRB: Issues New Guidance on Employee Handbook Rules
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All Employers Subject to the NLRA
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June 6, 2018
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On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“NLRB”) issued “Guidance on Handbook Rules Post-Boeing.” The new Guidance elaborates on a December 14, 2017 announcement that sets forth three categories of rules to help define when an employer’s policies violate the National Labor Relations Act (“NLRA”).
OSHA Corrects Electronic Reporting Implementation – Employers in State Plan States Must Electronically Report Form 300A
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All Employers of 20-249 Employees in Specified Industries
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July 1, 2018
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The U.S. Department of Labor (“DOL”) recently reviewed implementation of OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” regulation. The DOL determined that, under the Rule, affected employers are required to submit injury and illness data via OSHA’s Injury Tracking Application (“ITA”) online portal, even if the employer is covered by a state plan that has not yet completed its adoption of their own state rule.
Upcoming Minimum Wage Increases
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Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR
EFFECTIVE
July 1, 2018
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Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July. Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.