Seattle, WA: Scheduling Ordinance Imposes Strict Employer Responsibilities

/in

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.

Read more

October Updates

/in

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(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)

Read more

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

/in

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.

Read more

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

/in

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.)

Read more

Final Rules Affecting Federal Contractors’ Fair Pay and Workplace Protections

/in

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.

Read more

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

/in

APPLIES TO

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

EFFECTIVE

August 4, 2016

QUESTIONS?

Contact HR On-Call

(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.

Read more

New Definition of Independent Contractor Status in Arizona

/in

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.

Read more

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

/in

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.

Read more

September Updates

/in

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This HR Alert addresses the following topics:
  1. Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
  2. 2016 EEO-1 Filing is Due September 30
  3. Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
  4. California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
  5. San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
  6. San Mateo, California: Minimum Wage Increases on January 1, 2017
  7. Colorado: Pregnant Workers Fairness Act Poster Now Available
  8. Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
  9. Louisiana: New Poster for Hospitality Employers Required August 1, 2016
  10. New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
  11. Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
  12. Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity

Read more

NLRB Says Joint-Employer Workers Can Join Unions Without Consent of Employers

/in

APPLIES TO

All Employees

EFFECTIVE

July 11, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Last year, we reported on the National Labor Relations Board’s (“NLRB”) controversial decision to redefine the joint-employer standard.  This year, the NLRB has reinstated a standard that allows bargaining units composed of both solely and jointly-employed workers to unionize, with or without their employer’s consent.  This would allow temporary workers who are jointly employed to more easily unionize.

Read more