The Governor recently signed SB 2371 amending the Criminal Offender Record Information Reform Act to increase restrictions on employee criminal history inquiries. Specifically, employers cannot inquire into convictions for misdemeanors where the date of conviction occurred three or more years (down from the current five year limitation) from the date of the employment application, unless there was an intervening conviction. Additionally, employers may not inquire about criminal records that have been sealed or expunged.
Importantly, employers who seek information about prior arrests or convictions of applicants must include the following statement on employment applications:
“An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”
California: Employers Face New Hurdles with Independent Contractor Classifications
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All Employers with CA Employees
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April 30, 2018
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In Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court created a new test for determining whether a worker is an employee or independent contractor for purposes of wage and hour claims, making it one of the strictest standards in the country. A class action was filed against a delivery service employer who converted its employee drivers to independent contractors in 2004 for economic reasons. The class alleged, in part, that they were misclassified and Dynamex failed to pay overtime, provide itemized wage statements, and reimburse business expenses.
San Francisco, CA: Updates to San Francisco’s Ban-the-Box Ordinance
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Employers with 5 or more San Francisco Employees
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October 1, 2018
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San Francisco has amended its Fair Chance Ordinance for restrictions on employee criminal history inquiries. Effective October 1, 2018, the Fair Chance Ordinance will now apply to employers with 5 or more employees, rather than the currently stated 20 or more employees. Additionally, employers will be prohibited from making pre-employment conviction history inquiries until after a conditional offer of employment, to bring the Ordinance in line with current California requirements.
Of particular note, employers will be prohibited from inquiring about or requiring disclosure of convictions of decriminalized behavior, including convictions for the non-commercial use and cultivation of marijuana, regardless of when they occurred. California employers are already prohibited from inquiring about certain non-felony marijuana convictions that are more than two years old. This departure from state requirements will mean that employers need to carefully reexamine background check procedures to ensure compliance with the local Ordinance.
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
CO, ID, UT: Recent Restrictive Covenants Updates in Colorado, Idaho, and Utah
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Certain Employers with Employees in CO, ID, UT
EFFECTIVE
Varies; See Below
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Colorado
On April 2, 2018, the Colorado governor signed SB 18-082, which amended state law related to physician noncompete agreements, allowing physicians to disclose their continuing practice and contact information to a patient with a rare disorder whom they have been providing treatment. This amendment is meant to avoid disruptions in treatment for patients with rare disorders. Review the recent bill here.
Louisiana: Pregnancy Disability Has Different Meanings Under the State’s Employment Discrimination Laws
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March 15, 2018
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In Brown v. The Blood Center, the Louisiana Court of Appeal recently stated that the standard for pregnancy disability under the state’s Pregnancy Discrimination Act (PDA) does not apply to the definition of disability under the Employment Discrimination Law (EDL), because of limiting language in the PDA. The EDL states that a disability includes a physical impairment that limits one or more major life activities, while the PDA states that pregnancy or related conditions are treated as any other temporary disability.
There, a pregnant employee became ill and abandoned her post without first notifying her supervisor. Two hours later, she called her supervisor to tell him what happened. The employer had a policy of termination for post abandonment and terminated the employee. She claimed that she was discriminated against for a pregnancy disability, but only claimed she was having a difficult pregnancy. Because the pregnancy disability definition did not apply to the EDL, the court stated, in part, the employee did not demonstrate that she suffered from an applicable disability.
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
Massachusetts: Updates to the State’s Ban-the-Box Rules
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All Employers of MA Employees
EFFECTIVE
October 13, 2018
QUESTIONS?
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(888) 378-2456
The Governor recently signed SB 2371 amending the Criminal Offender Record Information Reform Act to increase restrictions on employee criminal history inquiries. Specifically, employers cannot inquire into convictions for misdemeanors where the date of conviction occurred three or more years (down from the current five year limitation) from the date of the employment application, unless there was an intervening conviction. Additionally, employers may not inquire about criminal records that have been sealed or expunged.
Importantly, employers who seek information about prior arrests or convictions of applicants must include the following statement on employment applications:
“An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.”
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
New Jersey: The State’s Equal Pay Law Will Soon Apply to All Protected Classes
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All Employers with NJ Employees
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July 1, 2018
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(888) 378-2456
New Jersey recently enacted stronger protections to its equal pay laws. Currently, employers are prohibited from discrimination in method or payment of wages based on sex. Effective July 1, 2018, this protection will soon apply to anyone in a protected class. The Diane B. Allen Equal Pay Act prohibits paying any member of a protected class “at a rate of compensation, including benefits, which is less than the rate paid … to employees who are not members of the protected class for substantially similar work when viewed as a composite of skill, effort and responsibility.”
New Jersey: Statewide Paid Sick Leave Begins October 2018
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October 29, 2018
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(888) 378-2456
On May 2, 2018, New Jersey Governor Phil Murphy signed AB 1827 into law, making New Jersey the 10th state in the nation to require paid sick leave (“PSL”) for all employees. The bill will replace local paid sick leave ordinances and create uniform paid sick leave requirements for employers across New Jersey.
New Jersey: Qualifying Conditions for Medical Marijuana Use Expanded
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March 27, 2018
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Although New Jersey has legalized medical marijuana use since 2010, a recent executive order greatly expands the conditions for which individuals may apply for medical marijuana. Previously, medical marijuana was approved to treat specified conditions, such as cancer, HIV/AIDs, and any terminal illness, among others. Effective March 27, 2018, the New Jersey Department of Health has added five new categories of conditions that may be treated with medical marijuana.
New York: Anti-Sexual Harassment Laws Significantly Expanded
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All Employers with NY Employees
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Varies; See below
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With the state budget bill for the 2019 fiscal year comes a package of new anti-sexual harassment laws. Recently signed on April 12, 2018, the provisions of these laws, their impact on the workplace, and their effective dates vary. Below is a summary of the new regulations of which New York employers should be aware.
Washington: Domestic Violence Leave Law Amended to Include Safety Accommodations
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June 7, 2018
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Washington’s existing Domestic Violence Leave law was recently amended to require employers to provide reasonable safety accommodations to employees who are victims of domestic violence, sexual assault, or stalking. Specifically, employers must consider an individual’s request for a reasonable safety accommodation, unless the accommodation causes an undue hardship on the business (defined as an action requiring significant difficulty or expense). Employers may require the individual to furnish verification that the employee and their covered family member is a victim of domestic violence, sexual assault, or stalking. The amendments provide a non-comprehensive list of potential safety accommodations, including: