Minneapolis, MN: Sick Leave Law Blocked in Some Areas

APPLIES TO

All Employers with Minneapolis, MN Employees

EFFECTIVE

January 19, 2017

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Last year, the City of Minneapolis approved the Sick and Safe Time Ordinance (the “Ordinance”), which requires employers to provide at least 48 hours of paid sick and safe time to covered employees working in Minneapolis each year.  Originally scheduled to go into effect on July 1, 2017, the Minnesota Chamber of Commerce, among other business entities, sued to block the Ordinance.  As a result, a Minnesota district court recently issued a temporary injunction that limits the Ordinance from going into full effect for certain employers.

New York: Exempt Salary Threshold Increased

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All Employers with NY Employees

EFFECTIVE

December 31, 2016

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Effective December 31, 2016, the New York State Department of Labor (“NYSDOL”) has adopted proposed amendments to the New York minimum wage orders that will increase the salary threshold for executive and administrative employees.  Prior to the amendments, the executive/administrative salary exemption threshold was $675 per week ($35,100 annually).

The new exemption thresholds are scaled to employer size, and will gradually increase each year, per the table below:

New York: Equal Pay Protections for State Contractors and Public Employees Boosted

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NY State Agencies and NY State Contractors

EFFECTIVE

January and June 2017

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(888) 378-2456

Governor Andrew Cuomo recently signed two executive orders aimed at strengthening New York’s fair pay practices for state agencies and companies doing business with the state.

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

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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

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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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(888) 378-2456

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