Oregon Minimum Wage Will Increase from 2016 to 2023

APPLIES TO

All Oregon Employers

EFFECTIVE

July 1, 2016

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(888) 378-2456

Beginning July 1, 2016, Oregon’s minimum wage will gradually increase through 2023, eventually reaching one of the highest minimum wage rates in the nation. The increased wage rage is dependent on state locations as described in the below tables:

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U.S. Department of Labor Sweeps West Coast Fast Food Businesses for Pay Compliance

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All West Coast Employers Owning a Fast Food Franchise

EFFECTIVE

Immediately

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Investigators from the U.S. Department of Labor (DOL)’s Wage and Hour Division are sweeping fast food establishments on the west coast to ensure that proper minimum wage and overtime regulations are being observed. This investigation continues to focus on establishments located in California, Oregon and Washington.

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First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions

APPLIES TO

All Employers in Maine, Massachusetts, New Hampshire, Rhode Island

EFFECTIVE

February 12, 2016

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(888) 378-2456

The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.

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New Guidance on California Employers’ Obligations to Transgender Employees

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All California Employers

EFFECTIVE

February 2016

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(888) 378-2456

In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.

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U.S. EEOC Implements New Procedures For Position Statements

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All Employers

EFFECTIVE

January 1, 2016

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(888) 378-2456

The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.

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March Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

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February Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This HR Alert addresses the following topics:
  1. BIG Changes to California’s FEHA Regulations
  2. Pasadena Approves Minimum Wage Increase
  3. California Workers’ Compensation Claim Form Updated

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Change to California Posting Requirements as of April 1, 2016

APPLIES TO

California Private Employers with 5+ Employees;
All California Public Entity Employers

EFFECTIVE

April 1, 2016

QUESTIONS?

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(888) 378-2456

Earlier this month, the Fair Employment and Housing Act (“FEHA”) regulations were revised, changing, in part, the California Pregnancy Disability Leave notice that employers are required to post.  Specifically, the change relates to the language required in the notice itself.   Employers have the option to (1) post the revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or (2) post a notice developed by the employer that is consistent with the regulatory requirements.

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January Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This HR Alert addresses the following topics:

  1. OSHA 300A forms, due February 1, 2016;
  2. The U.S. Dept. of Labor’s issuance of guidance on joint employer analysis;
  3. Long Beach, California’s minimum wage rate increase
  4. Federal unemployment insurance rate increase

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OSHA Is Granted the Ability to Increase Maximum Regulatory Penalties Up to 82%

APPLIES TO

All Employers

EFFECTIVE

August 1, 2016

QUESTIONS?

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(888) 378-2456

On November 2, 2015, President Obama signed H.R. 1314, also known as the Bipartisan Budget Act of 2015, which contains a provision that would allow the Occupational Safety and Health Administration (“OSHA”) the ability to increase penalty fines as much as 82%. This provision allows OSHA a “catch-up adjustment” to compensate for over two decades of static fines.  It has not yet been confirmed that OSHA will choose to increase penalties to the full 82% allowed; the provision simply grants OSHA the ability to do so, and does not actually require such action. However, increases are highly likely based upon previous commentary from OSHA leadership about the benefits of stiffer regulatory punishments.  Initial penalty increases are mandated to become effective as of August 1, 2016; however, the new penalties can be assessed to violations occurring before the penalty increase.

This information applies to all employers nationwide, even those who do not have a typically hazardous work environment.  Citations for violating seemingly minor safety regulations, especially repeat violations, could now cost almost double the previous maximum fine.

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