Piling on top of New York City’s many regulations controlling employee scheduling for fast food and retail services, a new law permits eligible employees of any industry to make two temporary schedule changes per year for personal events. Specifically, Introduction No. 1399-2016 requires employers to allow eligible employees to make two temporary schedule changes per calendar year. Unlike the Fair Work Week bills, the new regulations broadly cover nearly all industries.
To be eligible, employees must have completed 120 days of employment and work at least 80 hours per calendar year within New York City. Schedule changes must be allowed for certain personal events, including: (1) the need for a caregiver to provide care to a minor child or care recipient; (2) to attend a legal proceeding or hearing for subsistence benefits that the employee, a family member, or employee’s care recipient receives; or (3) any circumstance constituting permissible use of New York City safe or sick time. The regulations also have specific employee notice, employer response, and timing requirements. Employers should update schedule change procedures to avoid penalties for violation of this new regulation.
Kansas City, MO: New Ban-the-Box Ordinance
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All Employers of 6+ Kansas City Employees
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June 9, 2018
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As of June 9, 2018, employers of Kansas City employees will be prohibited from inquiring into or using criminal record information when making employment decisions. This ordinance amends the Kansas City Human Relations Act, and follows in the footsteps of a similar ordinance passed in 2014, eliminating such criminal history inquiries when considering applicants for government positions.
New York City, NY: Employees Must be Allowed to Make Limited Changes to Work Schedules
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All Employers of New York, NY Employees
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July 18, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Piling on top of New York City’s many regulations controlling employee scheduling for fast food and retail services, a new law permits eligible employees of any industry to make two temporary schedule changes per year for personal events. Specifically, Introduction No. 1399-2016 requires employers to allow eligible employees to make two temporary schedule changes per calendar year. Unlike the Fair Work Week bills, the new regulations broadly cover nearly all industries.
To be eligible, employees must have completed 120 days of employment and work at least 80 hours per calendar year within New York City. Schedule changes must be allowed for certain personal events, including: (1) the need for a caregiver to provide care to a minor child or care recipient; (2) to attend a legal proceeding or hearing for subsistence benefits that the employee, a family member, or employee’s care recipient receives; or (3) any circumstance constituting permissible use of New York City safe or sick time. The regulations also have specific employee notice, employer response, and timing requirements. Employers should update schedule change procedures to avoid penalties for violation of this new regulation.
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
Austin, TX: Paid Sick Leave Begins October 1, 2018, Barring Opposition from the Legislature
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October 1, 2018
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(888) 378-2456
On February 16, 2018, the Austin City Council voted to approve mandatory paid sick leave. The ordinance is pending the mayor’s signature, and will require employers to provide protected time off in line with states like California, Oregon, or recently, Rhode Island—assuming Texas lawmakers do not nip the ordinance in the bud. State Representative Paul Workman and State Senator Donna Campbell have expressed opposition to the ordinance and publicly promised to overturn it. Below, we highlight key provisions from the draft paid sick leave (“PSL”) ordinance.
Spokane, WA: New Ban-the-Box Ordinance Limits Criminal History Inquiries
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June 14, 2018
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Employers based in Spokane, Washington will soon need to comply with new ban-the-box provisions. With narrow exceptions, the Fair Chance Hiring Act prohibits employers from broadly disqualifying or making employment decisions based solely on criminal history.
Wisconsin: Temporary Workers Can Now Sue Employers for Workplace Injuries
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January 26, 2018
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In In Re the Estate of Carolos Esterley Cerrato Rivera v. West Bend Mutual Insurance Company, the Wisconsin Court of Appeals recently stated that a temporary worker could opt out of making a workers’ compensation claim under the Wisconsin Workers’ Compensation Act (the “Act), and bring a tort claim against the employer instead.
March Updates
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Varies
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Varies
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California District Court Enjoins DACA Rescission, Temporarily Halting Program Wind-Down
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January 9, 2018
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Late last year, the Trump Administration announced that it would rescind the Deferred Action for Childhood Arrivals (“DACA”) program, implementing a plan to wind down the DACA program over six months. On January 9, 2018, Judge William Alsup of the U.S. District Court for Northern California issued an injunction on this decision, ordering the Trump Administration to maintain the DACA program, with few exceptions. This injunction has since been challenged by the U.S. Department of Justice. A timeline of this ongoing matter is summarized below.
U.S. DOL Adopts “Primary Beneficiary” Test in Determining Status of Unpaid Interns
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January 5, 2018
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On January 5, 2018, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-2, adopting the “Primary Beneficiary” test used to determine whether or not unpaid interns should actually be classified as employees under the Fair Labor Standards Act (“FLSA”). Several federal circuit courts have used the primary beneficiary test to determine whether an unpaid intern is in fact an employee, and rejected the DOL’s prior six-factor test as being too rigid.
U.S. Customs and Border Protection Updates Directive on Searching Electronic Devices
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January 5, 2018
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The U.S. Customs and Border Protection (“CBP”) released an updated Directive governing border searches of electronic devices. The Directive outlines in detail how the CBP will conduct border searches of electronic devices. Employers with employees who regularly participate in international travel may wish to take note of these changes in the event that an employee’s electronic device(s) contains confidential or sensitive work-related information.
Santa Monica, CA: Updates to Minimum Wage and Paid Sick Leave Ordinance
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January 10, 2018
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Although Santa Monica employers have been required to provide paid sick leave since January 2017, the City of Santa Monica has recently amended its minimum wage and paid sick leave ordinance (the “Ordinance”) to revise some provisions and provide further clarity on definitions and administration of paid sick leave and minimum wage. Key highlights include: