HR Alerts – Page 103

D.C.: Credit Info Banned in Employment Decisions; Upcoming, Expansive Amendment to Paid Family and Medical Leave Law

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with Washington D.C. Employees

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Spring 2017 and July 1, 2020

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Washington D.C. Mayor Muriel Bowser approved two new bills that will significantly impact employers. These bills (1) restrict employers from inquiring into or using credit history when making employment decisions and (2) expand the statewide Paid Family and Medical Leave Law.

New York: Upcoming Regulations for Direct Deposit/Debit Payroll Cards Revoked

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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February 16, 2017

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New York’s strict new debit card and direct deposit wage payment regulations, originally slated to go into effect March 7, 2017, have now been invalidated by the New York State Industrial Board of Appeals (“IBA”). The IBA stated that the regulations infringed on banking regulations that set bank fees, and that the New York State Department of Labor (“NYSDOL”) had overstepped its jurisdiction in applying these rules. The IBA also pointed to numerous similar bills introduced in the New York legislature over the years, citing the bills’ failure to come to fruition as a sign that the current regulations controlling wage payments are already satisfactory.

Ohio: New Bill Limits Employer Control of Guns at Work

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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March 19, 2017

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Effective March 19, 2017, Senate Bill 199 will now limit an employer’s ability to control the presence of guns at the worksite. Specifically, the Bill allows licensed gun owners to keep firearms in their own vehicles while parked on private employer property. It also allows licensed owners to bring concealed handguns into airport, institutes of higher education, and some government buildings under certain, specific conditions.

Oregon: New State OSHA Drug Testing Regulations

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with OR Employees

EFFECTIVE

May 1, 2017

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Federal OSHA’s regulations limiting automatic drug testing have been in effect for some time. Oregon’s state OSHA plan’s Administrative Order 6-2016, originally filed in November of 2016, is modeled on the federal OSHA regulation and is set to go into effect on May 1, 2017. Similar to the federal OSHA regulation, the Administrative Order is intended to improve tracking of workplace injuries and illnesses.

March Updates

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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Varies

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Varies

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This HR Alert addresses the following topics:

REMINDER: California All-Gender Restroom Signs Effective March 1, 2017
Missouri Becomes a Right-to-Work State on August 28, 2017
New Mexico: Minimum Wage in Certain Cities Increased March 1, 2017

U.S. Supreme Court to Resolve Split on Validity of Class Action Waivers in Arbitration Agreements

February 6, 2017/0 Comments/in HR Alerts /by ManagEase

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Expected Summer 2017

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Last year, we reported on the Ninth and Seventh Circuit cases stating that class action waivers in arbitration agreements are invalid under the National Labor Relations Act (“NLRA”). The Second, Fifth and Eighth Circuits have taken the opposite stance, concluding that employment agreements that require claims to be arbitrated individually are fully enforceable.

Due to this split in opinion, the U.S. Supreme Court has finally decided to review the issue at hand. The Supreme Court will be reviewing three decisions: the Fifth Circuit’s ruling in favor of enforcing class action waivers, and the Ninth and Seventh Circuit’s rulings against. A decision is anticipated sometime in the Summer of this year.

Employers should stay tuned, as the outcome of the Supreme Court’s review could affect workplace employment agreements. ManagEase will continue to report on this developing area as updates occur.

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.

Cures Act Restores Stand-Alone HRA Plans for Small Employers

February 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of fewer than 50 Full-Time Employees

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Effective for Plan Years 2017

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On December 13, 2016, President Obama signed the 21^st Century Cures Act (the “Act”), which allows qualified small employers of fewer than 50 full-time employees to offer a stand-alone Health Reimbursement Arrangement (“HRA”) option to employees. This stand-alone HRA option is available for plan years beginning in 2017 for employers that are not Applicable Large Employers (“ALE”) under the Affordable Care Act (“ACA”).

DOL Increases Civil Money Penalties for 2017

February 6, 2017/0 Comments/in HR Alerts /by ManagEase

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January 13, 2017

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The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA. These penalties are adjusted annually based on the Consumer Price Index to account for inflation.

Ninth Circuit: Car Dealership Service Advisors Not Exempt from FLSA

February 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR, WA Employees

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January 9, 2017

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We previously reported on Navarro v. Encino Motorcars, LLC, wherein a group of service advisors at an auto dealership alleged that they did not receive owed overtime compensation. At that time, the Ninth Circuit decided to defer to the U.S. Department of Labor’s interpretation of the Fair Labor Standards Act (“FLSA”); the U.S. Supreme Court reversed this decision and remanded the case to the Ninth Circuit to determine how the FLSA statutes apply to auto dealership service advisors.

Ninth Circuit: Disclosures for Background Checks Cannot Contain a Liability Waiver

February 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR, WA Employees

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January 20, 2017

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On January 20, 2017, in Syed v. M-I, LLC, the Ninth Circuit Court of Appeals stated that the disclosure required by the Fair Credit Reporting Act (“FRCA”) cannot also contain a liability waiver for conducting the background check in the same document. Rather, only the disclosure notice and background authorization can be contained within the same document. Having other language in the disclosure notice violates background check rules under the FRCA.