New Jersey: Medical Marijuana Protected from Workplace Discrimination

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

March 27, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

Read more

New Mexico: Minimum Wage Increase and Tip Pool Standards Revised

APPLIES TO

All Employers with NM Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.

Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.

Action Items

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Review tip pooling procedures for compliance with the new rule.
  4. 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

New York: Voting Paid Time Off Leave Revised

APPLIES TO

All Employers with NY Employees

EFFECTIVE

April 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New York Election Law § 3-110 now provides for up to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. Employers may designate the voting time be taken at the beginning or end of a shift. These changes were made in passing the state’s yearly budget. Previously, two hours of paid voting leave was only required if an employee did not have a four hour window to vote before or after a shift. Now, the paid requirement is increased and there is no requirement of an inability to vote due to an employee’s shift.

Action Items

  1. Update projected budgets to account for paid voting leave.
  2. Have employee handbooks and voting policies revised for compliance.
  3. Revise voting leave processes in accordance with the new rules.
  4. Update voting posters for consistency with the new rules.
  5. 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

Cincinnati, OH: Salary History Inquiries Now Prohibited

APPLIES TO

All Employers with Cincinnati, OH Employees

EFFECTIVE

March 13, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On March 12, 2019, a new ordinance amended the Cincinnati, Ohio city code to make it unlawful for employers to ask job applicants about prior salary history or current earnings, among other provisions, with few exceptions.  Like other states and localities implementing similar prior salary history bans, this measure is intended to address discriminatory pay practices that are perpetuated by basing an applicant’s salary on historical compensation data.

Read more

Pittsburgh, PA: Expanded Protections for Pregnant Workers – AND Their Partners

APPLIES TO

All Employers with 5 or More Pittsburgh, PA Employees

EFFECTIVE

March 15, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Over the last few years, more and more cities and states have increased anti-discrimination protections for pregnant workers, but the city of Pittsburgh has become one of the first in the nation to extend similar protections to the partners of pregnant employees.  This amendment to existing city code comes by way of a new ordinance unanimously passed by the Pittsburgh city council.

Read more

Washington: New Administrative Policy on Tips

APPLIES TO

All Employers with tipped WA employees

EFFECTIVE

March 6, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Washington Department of Labor & Industries recently issued an administrative policy providing guidance on tips, gratuities, and service charges under the Washington Minimum Wage Act. Key portions of the policy include:

Read more

April Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

Read more

Hold On to Your Hats – Expanded EEO-1 Pay Data May Need to Be Reported for 2018

APPLIES TO

All Employers Required to Submit EEO-1 Reports

EFFECTIVE

March 4, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

A Washington, D.C. federal district court judge in National Women’s Law Center v. OMB recently stated that the previously revised EEO-1 report, including employee pay data, is the form employers should be using to submit their required Employer Information Report. In 2016, the EEOC proposed changes to its employer data collection requirements to add 12 pay bands for the 10 job categories that are tracked in EEO-1 reporting. After proposed revisions, the rule was approved by the Office of Management and Budget (OMB) and the revised EEO-1 form was issued. However, following the 2016 presidential election, the OMB directed the EEOC to issue a stay of the form’s release, which it did, and the EEOC subsequently removed the revised EEO-1 form from its website.

Read more

Third Circuit: FAAAA Does Not Preempt State Independent Contractor Laws

APPLIES TO

All Employers with DE, NJ, PA, or Virgin Islands Employees

EFFECTIVE

January 29, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeal stated that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit under state wage and hour laws for improper classification as independent contractors.

Read more

Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors

APPLIES TO

All Employers of KY, MI, OH, or TN Employees

EFFECTIVE

February 12, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.

Read more