Oregon: Manufacturer Employers Must Count Both Daily and Weekly Overtime

APPLIES TO

All Employers with Oregon Employees
in the Manufacturing Industry

EFFECTIVE

January 2017

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(888) 378-2456

Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (“BOLI”) changed its interpretation of overtime hours for employees in a mill, factory, or manufacturing establishment.  A “manufacturing establishment” is “any place where machinery is used for ‘manufacturing purposes’” under specified circumstances.

Philadelphia, PA: Employers Prohibited From Inquiring Into Wage History

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All Employers with Philadelphia, PA Employees

EFFECTIVE

May 23, 2017

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(888) 378-2456

In addition to its prohibition on credit checks and anti-wage theft ordinance, Philadelphia continues to strengthen its pay protection statutes with the new Wage Equity Bill (the “Bill”).  The Bill, signed on January 23rd and effective May 23rd, prohibits employers from inquiring into or requiring prospective employees to disclose their wage and fringe benefits history.

Virginia: State Contractors Must Prohibit Discrimination Based on Certain Categories

APPLIES TO

All VA State Contractors

EFFECTIVE

February 7, 2017

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(888) 378-2456

Governor Terry McAuliffe recently signed Executive Order No. 61, designed to combat sexual orientation and gender identity discrimination.  Specifically, the order states that the state of Virginia will only grant bids valued over $10,000 to state contractors with anti-discrimination policies against certain protected categories, including sexual orientation and gender identity.  The Order applies to any contracts that have not progressed to the stage where a change in contracting requirements would adversely impact completion of the project.

February Updates

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This HR Alert addresses the following topics:
  1. Federal Contractors: Voluntary Self-Identification of Disability Form Updated
  2. OSHA Publishes New Anti-Retaliation Guidance
  3. Los Angeles, California: Ban-the-Box Rules and Regulations Now Available
  4. Morristown, New Jersey: Paid Sick Leave Notice Now Available
  5. REMINDER: Federal EITC Notice Due to Employees by February 7, 2017

Read more

Breaking News: California Prohibits On-Call and On-Duty Rest Periods

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All Employers with CA Employees

EFFECTIVE

December 22, 2016

QUESTIONS?

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(888) 378-2456

In Augustus v. ABM Security Services, Inc., the California Supreme Court stated that the Labor Code and Wage Order 4 require employers to give employees off-duty rest periods, including relieving employees of all duties and relinquishing control over how employees spend their time.  As a result, the Supreme Court stated that on-call rest periods are also prohibited, because on-call “status compels employees to remain at the ready and capable of being summoned to action.”  In Augustus, security guard employees were required “to keep their radios and pagers on during rest breaks, to remain vigilant, and to respond when needs arise.”

Judge Blocks White Collar Overtime Exemption Rule from Taking Effect Nationwide

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All Employers

EFFECTIVE

November 22, 2016

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(888) 378-2456

Since the U.S. Department of Labor issued the finalized White Collar Overtime Exemption Rule (the “Rule”) in May this year, employers across the country have been preparing to comply with the Rule’s requirement for white collar employees to earn $47,476 annually in order to maintain exemption status rather than being paid overtime.  In an eleventh hour ruling, just days before its effective date of December 1st, a Texas federal judge ordered a preliminary injunction on the Rule, preventing the Rule from going into effect nationally on its slated December 1st start date.  The Rule was expected to result in millions of workers either (a) being re-classified as non-exempt, and therefore entitled to wage and hour protections, including overtime pay; or (b) receiving dramatic salary increases to keep workers classified as exempt.

Minimum Wage Update

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Varies; See Below

EFFECTIVE

Varies; See Below

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A number of states’ and localities’ minimum wage rates will increase in 2017. Below is a chart of upcoming wage increases.

OSHA Issues Final Rule on Handling ACA Retaliation and Whistleblower Complaints

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All Employers

EFFECTIVE

October 13, 2016

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(888) 378-2456

On October 13, 2016, the Occupational Safety and Health Administration (“OSHA”) released final regulations regarding whistleblower complaints under the Affordable Care Act (“ACA”).  The Final Rule (“Rule”) is intended to protect employees who report alleged violations of the ACA, or who receive a premium tax credit or cost-sharing reduction for enrollment in a qualified health plan.  Overall, the rule is very similar to the interim rule implemented in 2013.  However, there are some changes that address procedures and timeframes for employee complaints, OSHA investigations, administrative review procedures, and more.

Federal Contractors Must Now Provide Paid Sick Leave

APPLIES TO

All Employers with a Federal Contract

EFFECTIVE

January 1, 2017

QUESTIONS?

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(888) 378-2456

Executive Order 13706 (the “Order”) mandates that federal contractors provide paid sick leave to all employees who work on or in connection with certain federal contracts that result from solicitations issued on or after January 1, 2017.  This applies to contracts solicited on or after January 1, 2017, or to existing contracts before January 1, 2017 if they are renewed, extended, or modified on or after January 1, 2017.

Court Injunction Blocks Federal Contractors’ Fair Pay and Workplace Protections

APPLIES TO

All Employers with a Federal Contract

EFFECTIVE

October 24, 2016

QUESTIONS?

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(888) 378-2456

The Fair Pay and Safe Workplaces Executive Order (the “Order”), originally slated to go into effect on October 25, 2016, has been blocked from implementation.  A Texas court granted a nationwide preliminary injunction, which immediately stops enforcement of the Order until the lawsuit presented by industry groups reaches its final resolution.  The Order contains three major components, two of which have been enjoined by the injunction: