Fifth Circuit Affirms Employers Cannot Withhold Optional Expenses from Credit Card Tips

APPLIES TO

All Employers with Louisiana, Mississippi, and Texas Employees

EFFECTIVE

June 14, 2016

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(888) 378-2456

Generally in the Fifth Circuit, employers can pay employees, who earn tips, less than the minimum wage as long as the employee receives enough in tips to make up the difference.  If not, the employer must make up the difference to ensure the minimum wage is met.  Though the rule seems simple, the complexity of tip credits—including situations such as when tips are shared—can get employers in trouble.  The Fifth Circuit recently highlighted another danger zone, stating that employers cannot hold back portions of credit card tips to pay for optional expenses.

Six Laws That Will Change Colorado Employment Practices

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All Employers with Colorado Employees

EFFECTIVE

Varies; See Below

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Colorado has recently passed five bills that will impact how employers handle personnel files, worker classification, work status verification, employment of disabled workers, and employee whistleblowing.  In addition, a sixth law amends the Colorado Anti-Discrimination Act to address accommodations for pregnant workers.  Below are key provisions from each law and relevant action items.

Illinois Strengthens Protections for Individuals’ Personal Information

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All Employers with Illinois Employees

EFFECTIVE

January 1, 2017

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(888) 378-2456

Governor Bruce Rauner recently signed a number of amendments to Illinois’s Personal Information Protection Act (“PIPA”), expanding the definition of personal information and increasing data breach notification requirements as of January 1, 2017.  The amendments are highlighted below.

Ohio Legalizes Medical Marijuana

APPLIES TO

All Employers with OhioEmployees

EFFECTIVE

September 6, 2016

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(888) 378-2456

In September 2016, Ohio will join 25 other states in legalizing the use of medical marijuana.  Although House Bill 523 permits individuals with a qualifying diagnosis to purchase marijuana in other states and use it in Ohio, the bill also protects employers’ rights to a drug-free workplace by implementing certain provisions.

Key protections for employers include:

Maryland Significantly Expands Equal Pay for Equal Work Act

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All Employers with Maryland Employees

EFFECTIVE

October 1, 2016

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(888) 378-2456

HB 1003 amends Maryland’s Equal Pay for Equal Work Act of 2016 (“the Act”) to include significant new provisions designed to (1) prohibit pay discrimination based on gender identity, and (2) boost pay transparency.  The Act already prohibits wage differentials on the basis of sex, where employees “work in the same establishment and perform work of comparable character, or work on the same operation in the same business or of the same type.”

New, key amendments to the Act include:

Oregon’s New Requirements for Pay Stubs, Time Records and Wage Notices

APPLIES TO

All Employers with Oregon Employees

EFFECTIVE

January 1, 2017

QUESTIONS?

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(888) 378-2456

Oregon passed a bill designed to increase employer transparency in wages and payroll records.  Effective January 1, 2017, SB 1857 provides new regulations for: (1) the type of information employers must include on itemized wage statements; (2) when employees can view their payroll records; and (3) prevailing wage rates paid to employees working on public works projects.  The new regulation also provides the Oregon Bureau of Labor and Industries (“BOLI”) with increased enforcement funding derived from the Wage Security Fund to investigate and enforce wage claims.

Tennessee Revises Notice Requirements to Prohibit Firearms at Work

APPLIES TO

All Employers with Tennessee Employees

EFFECTIVE

July 1, 2016 (January 1, 2018 for certain employers)

QUESTIONS?

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(888) 378-2456

Tennessee already allows individuals, corporations, business entities or government agencies to prohibit possession of weapons on properties or inside buildings under their control.  Public Chapter No. 638 amends the regulations governing how employers and other property owners/operators must notify people that weapons (specifically, firearms) are prohibited on their property.

The amendments are as follows:

San Diego, CA Approves Paid Sick Leave and Minimum Wage Increase

APPLIES TO

All Employers with San Diego, CA Employees

EFFECTIVE

No later than July 7, 2016

QUESTIONS?

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(888) 378-2456

NOTE: San Diego’s paid sick leave ordinance was amended shortly after becoming effective. Be sure to check out our Alert regarding the amended ordinance.

San Diego joins a number of other California cities in implementing its own paid sick leave and minimum wage ordinance.  The ordinance was approved by San Diego voters on June 7, 2016, and goes into effect once the election results are certified (expected to be no later than July 7, 2016).

San Diego’s paid sick leave expands upon the statewide paid sick leave (“PSL”) law in several areas. Key provisions of the PSL ordinance include:

Minneapolis, MN to Require Paid Sick Leave

APPLIES TO

All Private Employers of Six or More Employees

EFFECTIVE

July 1, 2017

QUESTIONS?

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(888) 378-2456

The Minneapolis Sick and Safe Time Ordinance (“Ordinance”), passed by the City Council on May 27, 2016, requires private employers of at least six employees in any location to begin providing paid sick leave (“PSL”) benefits by July 1, 2017 to any employees working in Minneapolis. Employers of five or fewer are subject to the same provisions, but can offer unpaid time off.

July Updates