New Jersey: Final Regulations for Statewide Paid Sick Leave Now Available

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All Employers with NJ Employees

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January 6, 2020

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The New Jersey Department of Labor and Workforce Development recently released a 53-page document providing final regulations and enforcement guidance on the statewide Earned Sick Leave Law (ESLL).  The final regulations do not make any substantive changes to the ESLL, but rather provide responses and clarification to concerns expressed during the public comment period of the proposed regulations.

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New York: Statewide Salary History Ban Goes into Effect

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All Employers with NY Employees

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January 6, 2020

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New York kicks off 2020 with a statewide salary history ban.  Like other similar laws, the new regulation is intended to address wage differentials attributed to gender.  Public and private employers alike are prohibited from asking applicants about prior salary history information (including compensation and benefits), or from seeking such information from other sources, verbally or in writing.  Additionally, employers are prohibited from relying on salary history information as a factor in determining whether or not to interview a candidate, or what salary level to offer.

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Pennsylvania: Four Years Later, Paid Sick Leave Comes to Pittsburgh

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All Employers with Pittsburgh, PA Employees

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March 15, 2020

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(888) 378-2456

The Pittsburgh Paid Sick Days Act was initially passed in August 2015, but met legal challenges that delayed its implementation until now.  The ordinance will finally go into effect on March 15, 2020.  The Mayor’s Office on Equity has published official guidelines on the Ordinance, detailing requirements for employers.  Below are key provisions of the ordinance.

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February Updates

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Varies

EFFECTIVE

Varies

QUESTIONS?

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This Short List addresses the following topics:
  1. IRS Mileage Rates for 2020
  2. Fair Chance Act Now Applies to Federal Contractors and Agencies
  3. ACA “Cadillac Tax” Repealed
  4. California: Employer Fails to Provide Legal Business Name on Wage Statement
  5. Michigan: Paid Sick Leave and Minimum Wage Update
  6. New Jersey: Medical Marijuana is a Reimbursable Medical Expense
  7. New York: Tipped Workers in Some Industries Must Soon be Paid Full Minimum Wage
  8. New York: Companies Must Report Number of Women on Boards of Directors
  9. New York: Farm Laborers Fair Labor Practices Act on Temporary Hold

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Get Ready for California Legislative Updates in 2020!

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All Employers with CA Employees

EFFECTIVE

January 1, 2020

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The California Legislature tends to pass the hard-hitting employment law changes at the end of its session. Here are key updates employers should be aware of.

  • AB 9 | DFEH Claims Extended. Extends the statute of limitations to three years for all claims filed with the Department of Fair Employment and Housing (DFEH), like claims for sexual harassment, harassment, discrimination, and retaliation. Extending the time to file a claim highlights the need for employers to document all claims, investigations, and discipline.
  • AB 51 | Ban on Mandatory Arbitration. Employers will soon no longer be able to require employees to execute arbitration agreements as a condition of employment. However, it is unclear if agreements subject to the Federal Arbitration Act are exempt. The bill applies to contracts entered into, modified, or extended on or after January 1, 2020. Stay tuned … legal challenges are on the horizon.
  • AB 749 | No Rehire Agreements. Employers cannot enter into settlement agreements whereby an employee, who has made a claim against the employer, agrees they cannot obtain future employment from the employer. The rule does not apply where the employer made a good faith determination that the employee engaged in sexual harassment or sexual assault.
  • SB 142 | Lactation Accommodations. Employer obligations for lactation accommodations are expanded to provide nursing individuals with break time “each time such employee has need to express breast milk.” There are also increased requirements for an approved lactation room. Employers must also provide employees with a written lactation accommodation policy.
  • SB 188 | Hairstyle Protections. SB 188 amended the California Fair Employment and Housing Act (FEHA) to include protections for hairstyles, subject to limited exceptions.
  • SB 707 | Arbitration Fees. If an employer with an arbitration agreement fails to pay the required fees to initiate an arbitration proceeding within 30 days after the due date, it is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration.

Action Items

  1. Review claims procedures and documentation processes.
  2. Have managers trained on managing employee claims.
  3. Have arbitration agreements reviewed by legal counsel.
  4. Review no hire agreements with legal counsel.
  5. Ensure that appropriate lactation accommodations are or can be made available; otherwise, review with legal counsel to determine whether an undue hardship exemption may apply.
  6. Prepare and distribute lactation accommodation policy.
  7. Have dress code and discrimination policies updated, and hiring practices reviewed.
  8. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

California: IMPORTANT Changes for Independent Contractors

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All Employers with CA Independent Contractors

EFFECTIVE

January 1, 2020

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(888) 378-2456

AB 5 codifies the already existing Dyanamex “ABC test” for independent contractors. A significant difference between now and next year is that there will be exceptions for certain jobs and relationships that do not currently exist. Those exceptions will revert back to the Borello multi-factor test for determining independent contractor status. Another key difference from Dynamex is that AB 5 will apply for purposes of the Labor Code, Wage Orders, and Unemployment Insurance Code. Starting July 1, 2020, it will apply for purposes of workers’ compensation issues.

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U.S. DOL Opinion Letters: Delaying FMLA Leave, Clarifying FLSA Exceptions, and Applying HSAs to Garnishments

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All Employers

EFFECTIVE

September 10, 2019

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(888) 378-2456

The U.S. Department of Labor (DOL) recently released three opinion letters addressing the Fair Labor Standards Act, Family and Medical Leave Act, and the Consumer Credit Protection Act.  These opinion letters are issued by the Wage and Hour Division and interpret how laws can be applied in specific situations posed by the letter’s requester, and serve as helpful guidance for employers.

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Third Circuit: Third Party Bonuses May Be Factored into the Regular Rate

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All Employers with DE, NJ, and PA Employees

EFFECTIVE

August 20, 2019

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(888) 378-2456

In Department of Labor v. Bristol Excavating, Inc., the Third Circuit Court of Appeal stated that third-party bonuses may be required to be factored in the regular hourly rate for purposes of calculating overtime. The court said that the determinative factor is the agreement of “remuneration for employment” between the employer and employee, which must be reviewed on a case-by-case basis.

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Fifth Circuit: Clarity on Highly Compensated Employee Exception to FLSA Overtime Requirements

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All Employers with LA, MS, and TX Employees

EFFECTIVE

August 21, 2019

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In Faludi v. U.S. Shale Solutions, the Fifth Circuit Court of Appeal confirmed that an employee’s guaranteed day rate satisfied the Fair Labor Standard Act’s (FLSA) highly compensated employee (HCE) exemption, even though the employee was only paid twice monthly.  The HCE threshold—which currently requires the employee to be paid more than $100,000 per year and at least $455 a week on a salary or fee basis—only requires that the employee “regularly receive[s]” the predetermined amount on a weekly or less frequent basis.  There is no requirement that the cash amount be calculated on weekly or less basis.

In addition, the Fifth Circuit also stated that the amount the HCE is paid is not required to bear a “reasonable relationship” to the amount actually earned. Employers should take care when setting highly compensated exempt employee pay to ensure compliance with FLSA requirements.

Action Items

  1. Have highly compensated exempt employee pay reviewed for consistency with this ruling.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

California: New Bill Provides Employers Relief from California Consumer Privacy Act Requirements

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Employers with CA Employees; See Below

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

Governor Newsom signed AB 25 into law, limiting the scope of the California Consumer Privacy Act (CCPA) as it applies to employers.  The bill imposes the limitations from the date the CCPA goes into effect on January 1, 2020, although such limitations are not permanent and will automatically terminate the following year, barring any legislative action.

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