California: Arbitration Agreement Provisions Waiving Right to Seek Public Injunctive Relief Are Unenforceable

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April 6, 2017

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Arbitration agreement provisions that require an individual to waive their statutory right to seek public injunctive relief in any forum, including arbitration or in court, have been deemed unenforceable by the California Supreme Court in McGill v. Citibank.

May Updates

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This HR Alert addresses the following topics:
  1. H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
  2. OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
  3. Updated Pay Transparency Poster for Federal Contractors
  4. California: Wage Orders Have Been Updated and Must be Posted by Employers
  5. Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
  6. North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
  7. New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
  8. New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
  9. REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

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Form I-9 Glitch Needs Immediate Review by Employers

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November 14, 2016

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The USCIS sent a press release this week to notify employers that the updated electronic Form I-9 published on November 14, 2016 had a glitch when it was issued.  Specifically, when completing the form on a computer, numbers entered in the Social Security number field get transposed when the form is printed.  For example, the number 123-45-6789 appears as 123-34-6789 when the form is printed.

Reminder: San Francisco 2016 Employer Reporting Deadline is May 1, 2017

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May 1, 2017

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Employers subject to San Francisco’s Health Care Security Ordinance and Fair Chance Ordinance must file the 2016 Employer Annual Reporting form by May 1, 2017 to satisfy their reporting requirements.  The Reporting form also includes a survey for compliance with San Francisco’s Paid Parental Leave for Bonding with New Child Ordinance.  Covered employers are subject to a $500 penalty per quarter for failure to submit the form.  The Reporting form can be obtained here.

Los Angeles, California: The City of Los Angeles Revises Its Paid Sick Leave Rules Currently in Effect

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All Employers with Qualified Employees Working in Los Angeles

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March 14, 2017

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The City of Los Angeles Office of Wage Standards (OWS) recently revised the Rules and Regulations for Los Angeles’ paid sick leave requirements as well as the corresponding Frequently Asked Questions (FAQs). Note the following key changes:

Puerto Rico: The New Equal Pay Act Brings Gender Equality Issues to the Forefront with Employers

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March 8, 2017

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The Puerto Rico Equal Pay Act (the “Act”) follows other similar states’ legislation in targeting pay differentials between employees of different genders. The Act prohibits pay discrimination and imposes new regulations on pre-hiring practices.

Oregon: Recent Overtime Standards for Manufacturing Industry Invalidated

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All Employers with OR Employees in the Manufacturing Industry

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March 9, 2017

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In February, we reported on the Oregon Bureau of Labor and Industries’ (“BOLI”) interpretation of how to calculate overtime hours for manufacturing employees. The new interpretation would have required employers to double count daily and weekly overtime in order to calculate pay.

California: Meal Waivers in Health Care Industry Have Always Been Valid

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 All Employers with CA Employees in the Health Care Industry

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March 1, 2017

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Are meal waivers for shifts over 12 hours long valid? In Gerard v. Orange Coast Memorial Medical Center, the original 2015 decision partially invalidated use of such meal waivers in the healthcare industry. In response to the decision, SB 327 was signed into law, permitting use of such waivers. With the introduction of the bill, the ongoing Gerard case sought resolution for a remaining facet of the case: whether or not meal waivers used prior to the enactment of SB 327 are considered valid.

California: Disability Claims May Look to Employer’s Past Ability to Accommodate

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February 14, 2017

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A recent California case demonstrates that an employer’s past ability to accommodate may be considered in an employee’s failure to accommodate claim. In Atkins v. City of Los Angeles, a group of recruit officers suffered temporary injuries during the course of training. The recruits were put in the “Recycle program,” in which they were assigned to light-duty administrative positions until they recovered or were determined to be permanently disabled. However, the Los Angeles Police Department ended the Recycle program while the recruits were still recovering, and asked the recruits to immediately obtain medical clearance to return to training. Upon failure to do so, the Department terminated the recruits.

Arizona: AZ Supreme Court Upholds Phoenix Minimum Wage Increase Ordinance

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All Employers with Phoenix, AZ Employees

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March 14, 2017

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Last November, residents of Phoenix, AZ voted on and approved Proposition 206, a minimum wage ordinance that raised the local wage from $8.05/hr. to $10/hr. effective January 1, 2017. The ordinance also provided for gradual yearly increases in 50-cent increments until the minimum wage reaches $12/hr by 2020, in addition to mandated paid sick leave.