Governor Scott recently signed H. 294 into law prohibiting employers from inquiring or seeking information about job applicants’ compensation history, including base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Employers are also prohibited from requiring a job applicant’s salary history satisfy minimum or maximum criteria as a prerequisite for employment, and from determining whether to interview job applicants based on their current or past compensation.
However, if job applicants voluntarily disclose their salary history, the employer may seek to confirm or request that the applicants confirm their salary history after making an offer of employment. Further, employers are permitted to ask a job applicant about salary expectations.
Nevada: Interpreting “Health Benefits” for Minimum Wage Requirements
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May 31, 2018
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Nevada employers are permitted to pay the state’s lower-tier minimum wage rate if they offer health benefits. In MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court recently clarified what constitutes “health benefits.” Because the difference between the upper-tier and lower-tier minimum wage rates is $1.00, the court used “common sense” in stating that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” and cost the employer at least an additional dollar in wages.
New Jersey: Hotels and Motels Required to Train Staff on Recognizing Human Trafficking
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January 16, 2018
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The 2013 New Jersey Human Trafficking Prevention, Protection, and Treatment Act required the Department of Community Affairs (“DCA”) to develop training for hotels/motel workers to recognize and respond to cases of human trafficking. Accordingly, the DCA adopted regulations in December that went into effect on January 16, 2018, imposing new posting and training obligations.
South Carolina: New Pregnancy Accommodations Act
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May 17, 2018
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On May 17, 2018, Governor McMaster signed the New Pregnancy Accommodations Act (HB 3865) into law, effective immediately, which prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. This includes failing or refusing to hire, bar, or discharge an employee/applicant from employment, denying employment opportunities based on a protected category or the need for reasonable accommodations, or requiring employees/applicants to accept an accommodation that they choose not to accept if they do not have a known limitation or it is unnecessary for the performance of their essential duties. Read more
Vermont: Bans Salary History Inquiries
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July 1, 2018
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Governor Scott recently signed H. 294 into law prohibiting employers from inquiring or seeking information about job applicants’ compensation history, including base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Employers are also prohibited from requiring a job applicant’s salary history satisfy minimum or maximum criteria as a prerequisite for employment, and from determining whether to interview job applicants based on their current or past compensation.
However, if job applicants voluntarily disclose their salary history, the employer may seek to confirm or request that the applicants confirm their salary history after making an offer of employment. Further, employers are permitted to ask a job applicant about salary expectations.
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 Bill Embraces Gender-Neutral, Single-User Bathrooms
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July 1, 2018
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On May 11, 2018, Governor Phil Scott signed H.333 into law. This bill requires all single-user bathrooms in public buildings or places of public accommodation to be marked as gender-neutral. It does not apply to any bathroom facilities for more than one user.
The bill requires a single-user toilet to be identified with a sign that indicates the facility as a restroom and does not indicate any specific gender.
Earlier last year, the Trump administration withdrew Obama-era protections for transgender students in public schools. While some states have enacted so-called “bathroom bills” requiring individuals to use restrooms consistent with their gender at birth, Vermont joins California in recognizing gender identity issues by mandating single-user bathrooms to be marked as gender-neutral.
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
Washington: Agricultural Workers Must be Paid Separate Piece-Rate and Hourly Rates
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May 10, 2018
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In a narrow majority, the Washington Supreme Court recently stated that agricultural employees engaged in piece-rate work must also be compensated on a separate, hourly basis for tasks outside the scope of piece-rate work. This means that employers of agricultural employees will need to track and compensate employees at two different pay rates, depending on the work that the individual completes.
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June Updates
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THE SCOTUS DECISION IS FINALLY HERE – Revisit Your Arbitration Agreements!
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May 21, 2018
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At long last, the U.S. Supreme Court finally issued its ruling on whether or not class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) – short answer, they don’t.
Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women
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April 9, 2018
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In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential. Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.
U.S. DOL Issues Several Guidance Documents Clarifying Wage and Hour Regulations
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April 6 and 12, 2018
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April has been a busy month for the U.S. Department of Labor (“DOL”). The Wage and Hour Division issued a number of opinion letters, a bulletin, and a revised fact sheet addressing different employee pay practices, such as tip credits, travel time, and rest periods. Employers should review the different letters for applicability to their workforce.