St. Paul, Minnesota: Paid Sick and Safe Time Ordinance Passed

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APPLIES TO

All Private Employers with St. Paul, MN Employees

EFFECTIVE

Varies; see below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On September 7, 2016, St. Paul passed the Earned Sick and Safe Time Ordinance (the “Ordinance”), following in Minneapolis’s footsteps in offering paid sick leave benefits.  The Ordinance has a two-year phase in schedule determined by employer size.  The Ordinance becomes effective July 1, 2017 for employers of 24 or more employees, and January 1, 2018 for employers of 23 or fewer employees.

Key provisions of the Ordinance are:

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New York Imposes Stricter Debit Card and Direct Deposit Wage Payment Rules

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APPLIES TO

All Employers with New York Employees

EFFECTIVE

March 7, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective March 7, 2017, The New York Department of Labor (“NYDOL”) has adopted a regulation that imposes greater restrictions on employers who wish to pay wages through payroll debit cards or direct deposit.  Employers will be obligated to provide additional information to employees explaining different options for wage payment, in additional to several additional regulations, described in greater detail below.

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Seattle, WA: Scheduling Ordinance Imposes Strict Employer Responsibilities

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APPLIES TO

All Employers with Seattle Employees in the Retail or Food Industry

EFFECTIVE

July 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On September 19, 2016, the City of Seattle passed the Secure Scheduling Ordinance (the “Ordinance”), which requires retail and food establishments with 500 or more employees worldwide to provide workers a “liveable wage” and “liveable schedule.”  The regulations imposed by the Ordinance will significantly impact affected employers’ scheduling procedures.  The Ordinance goes into effect July 1, 2017.

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October Updates

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APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456
This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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Ninth Circuit: Mandatory Class Action Waivers in Arbitration Agreements Are “Illegal”

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APPLIES TO

 Employers with Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

EFFECTIVE

August 22, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Ninth Circuit has stated that use of mandatory class action waivers in arbitration agreements are prohibited, becoming the second federal circuit court to strike down such agreements.  In short, employers in the states covered by the Ninth Circuit cannot require employees to sign an agreement giving up their right to class action/collective claims as a condition of employment.

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OSHA’s Electronic Recordkeeping Rule May Limit Post-Accident Drug Testing

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APPLIES TO

 All Employers

EFFECTIVE

November 1, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

We reported in June about the Occupational Safety and Health Administration’s (“OSHA”) upcoming Electronic Recordkeeping Rule, which primarily addresses new employer responsibilities for reporting workplace injuries and illnesses. Notably, the Rule also discusses OSHA’s position on post-accident drug testing: “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” (Emphasis added.)

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Final Rules Affecting Federal Contractors’ Fair Pay and Workplace Protections

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APPLIES TO

 Varies; See Below

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Two Final Rules – one already in effect, and one forthcoming—will significantly impact federal contractors’ employment practices.  The Rules are designed to ensure that appropriate workplace protections are extended to workers of entities that contract with the federal government.  Failure to comply with these Rules could result in penalties, or being denied or blacklisted from contracts.

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Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

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APPLIES TO

Employers with Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Employees

EFFECTIVE

August 4, 2016

QUESTIONS?

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(888) 378-2456

Tracking intermittent leaves can be an administrative headache.  For one company,  “voluntary” overtime compounded that difficulty.  In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.

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New Definition of Independent Contractor Status in Arizona

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APPLIES TO

 Employers with Arizona Employees

EFFECTIVE

August 6, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Arizona H.B. 2114, a recent law providing Arizona employers and independent contractors tools to ascertain an individual’s employment status, became effective last month. Independent contractors now have the option to sign and date a Declaration of Independent Business Status (“DIBS”) to confirm their employment status.

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Non-Compete Provisions Involving Physicians Restricted in Connecticut, Rhode Island

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APPLIES TO

 Employers with Connecticut, Rhode Island Employees

EFFECTIVE

Varies; See Below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Connecticut and Rhode Island join Massachusetts, Delaware, Colorado, Texas and Tennessee in enacting laws that restrict the use of non-compete provisions in relation to physicians. Summaries of the law in each state are included below.

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