UPDATE: San Diego’s Paid Sick Leave, Amended

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All Employers with San Diego, CA Employees

EFFECTIVE

September 2, 2016

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The City of San Diego finally certified the Minimum Wage and Sick Leave Ordinance (“Ordinance”) voters passed in June.  Though the Ordinance went into effect on July 11, 2016, there are additional pending amendments to the bill that will require a second reading before becoming effective.  The amendments are expected to become effective after the second reading, 30 days after the original Ordinance’s effective date.

The amendments cover several key areas employers had raised concerns about.

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Chicago, Illinois to Require Paid Sick Leave

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Employers with at least one covered employee in Chicago, Illinois

EFFECTIVE

July 1, 2017

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The Chicago City Council recently amended the Chicago Minimum Wage Ordinance (“Ordinance”) to include paid sick leave (“PSL”), effective July 1, 2017.  Employers who do not already offer sufficient paid time off, or have not already adjusted their business policies and practices to provide paid sick leave to eligible employees, plan for compliance with the Ordinance.  A recap of key provisions of the Ordinance includes the following:

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Massachusetts Significantly Boosts Pay Equity Laws and Requires Transgender Accommodations

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All Employers with Massachusetts Employees

EFFECTIVE

Varies; See below

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(888) 378-2456

Governor Charlie Baker recently signed two bills that will significantly impact employer responsibilities: The Act to Establish Pay Equity, which boosts practices intended to close the gender wage gap, and the transgender public accommodations bill, which prohibits discriminatory advertising on the basis of gender identity and discrimination against transgender individuals in places of public accommodation.

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Philadelphia Updates: No More Credit Checks; New Wage Theft Prevention Law

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All Employers with Philadelphia, PA Employees

EFFECTIVE

Varies; See below

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(888) 378-2456

Philadelphia has recently implemented two new ordinances affecting employers: (1) an expansion of the obligations under the current anti-wage theft ordinance, and (2) the prohibition of credit checks and credit-related information when making employment decisions.

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August Updates

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Varies

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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New Federal Posters Must be Posted August 1, 2016!

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All Employers

EFFECTIVE

August 1, 2016

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This week, the federal government revised two of its required posters.  These posters must be displayed by ALL employers as of Monday, August 1, 2016.

The affected posters can be downloaded for free from the Department of Labor’s website. Click on the links below to visit the DOL’s page for instructions.

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Ninth Circuit States Employers Must Include Cash-in-Lieu of Benefits Payments in Overtime Calculation

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All Employers with Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

EFFECTIVE

June 2, 2016

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(888) 378-2456

Offering a flexible benefits plan is an oft-cited tool for organizations to improve employee satisfaction, recruitment, and retention.  However, employers should be very careful when designing benefits plans that permit cash-in-lieu of payments, as the City of San Gabriel discovered in a recent case.

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Sixth Circuit Sets Standard for Employer Constructive Knowledge of Overtime Hours Worked

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All Employers with Kentucky, Michigan, Ohio and Tennessee Employees

EFFECTIVE

May 19, 2016

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(888) 378-2456

The Sixth Circuit recently stated in Craig v. Bridges Bros. Trucking LLC. that an employer has constructive knowledge of an employee working overtime if it would have discovered the overtime by “exercising reasonable diligence.”  The plaintiff, Donna Craig, was a bookkeeper for Bridges who processed payroll, including her own compensation.  Craig frequently worked over 40 hour weeks and recorded her hours worked in time sheets, including overtime.  However, Bridges only paid Craig overtime once.  Craig alleged that Bridges told her she was not eligible for overtime.  On the other hand, Bridges argued that Craig should have known she was eligible for overtime, and that the company was unaware that Craig worked overtime.

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

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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.

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Six Laws That Will Change Colorado Employment Practices

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All Employers with Colorado Employees

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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.

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