Washington: Amendment Allows Affirmative Action in Public Employment, Education, and Contracting

APPLIES TO

All Public Agencies in WA

EFFECTIVE

July 27, 2019

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(888) 378-2456

The Washington State Civil Rights Act was recently amended through citizen Initiative 1000, the Diversity, Equity, and Inclusion Act (I-1000).  I-1000 adds protected categories, defines “preferential treatment” based on protected categories, and expressly permits public agencies to undertake “affirmative action.”

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Washington: Equal Pay Law Expanded; Salary History Inquiries Now Prohibited

APPLIES TO

Certain Employers with WA Employees, as indicated

EFFECTIVE

July 28, 2019

QUESTIONS?

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(888) 378-2456

House Bill 1696 again expands Washington’s existing equal pay legislation, the Equal Pay and Opportunities Act (EPOA).  New amendments to the EPOA include (1) prohibiting employers from inquiring into job applicants’ prior salary history, and (2) requiring employers to provide salary range information to applicants and employees.

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Washington: Non-Compete Agreements Unenforceable on Employees Earning Less than $100k

APPLIES TO

All Employers with WA Employees and Independent Contractors

EFFECTIVE

January 1, 2020

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(888) 378-2456

Since 2016, a number of states have amended non-compete statutes to provide greater employee protections.  Washington has followed this trend as of May 8, 2019, passing HB 1450 which establishes a minimum compensation threshold for enforcement of non-compete agreements.

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Washington: Added Harassment Protections in the Hospitality and Adult Film Industries

APPLIES TO

Employers of WA Employees in the Hospitality and Adult Film Industries

EFFECTIVE

As indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

SB 5258 amends the Washington Law Against Discrimination to add the following requirements applicable to hotel, motel, retail, security guard entity, or property services contractor employers whose workers spend a majority of their working hours alone.

  • Adopt a sexual harassment policy;
  • Provide mandatory supervisor/manager training on sexual harassment, sexual assault, and discrimination;
  • Provide employees with a designated list of resources to combat sexual assault and harassment;
  • Provide a panic button to employees (excluding contracted security guard companies); and
  • Reporting requirements for property services contractors.

Hotel and motels with 60 or more rooms must meet these requirements by January 1, 2020. All other applicable employers must meet the requirements by January 1, 2021.

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June Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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EEO-1 Component 2 Reporting for 2017 AND 2018 is Due September 30, 2019

APPLIES TO

All Employers subject to EEO-1 Reporting

EFFECTIVE

May 1, 2019

QUESTIONS?

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(888) 378-2456

The Equal Employment Opportunity Commission (EEOC) recently issued reinstatement of EEO-1 expanded data collection requirements and posted notice on its website that EEO-1 filers are required to submit Component 2 data for calendar years 2017 AND 2018 by September 30, 2019. (EEO-1 filers include employers with one hundred or more employees as well as certain contractors with more than fifty employees.) This has been an ongoing issue since the requirement to collect Component 2 data was implemented in 2016, and the Office of Management and Budget’s (OMB) attempt to block its implementation in 2017. As previously reported, in Nat’l Women’s Law Ctr. v. Office of Mgmt. & Budget, a federal judge in the D.C. Circuit Court stated that the OMB failed to demonstrate good cause for staying the release of the updated EEO-1 report form.

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Class Action Arbitration Cannot Be Compelled Without an Express Agreement

APPLIES TO

All Employers

EFFECTIVE

April 24, 2019

QUESTIONS?

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(888) 378-2456

In Lamps Plus, Inc. v. Varela, the U.S. Supreme Court recently stated that arbitration agreements must state an express agreement to arbitrate class claims between the parties; otherwise, claims brought on a class basis can be compelled to individual arbitration. There, an employee sued Lamps Plus for leaking private tax information that led to someone filing a fraudulent tax return under the name of the employee. Lamps Plus sought to compel arbitration of the employee’s claims; however, because the arbitration agreement was ambiguous about class claims, the lower courts allowed the employee’s class claims to proceed in arbitration.

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NLRB: Employees Can Discuss Discipline

APPLIES TO

All Employers Subject to the NLRA

EFFECTIVE

April 15, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The National Labor Relations Board (NLRB) recently released an Advice Memorandum dated August 7, 2018, addressing policies prohibiting employees from publicly disparaging the employer. Specifically, a policy that prohibits employees from “engaging in conduct that could adversely affect [the employer’s] business or reputation,” including “publicly criticizing [the employer], its management, or its employees,” was a violation of the National Labor Relations Act (NLRA), because the impact on employees’ Section 7 rights outweighed the employer’s business justification for the rule. This was a blanket policy that was not narrowly tailored to avoid infringing on employee rights, i.e., “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

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5th Circuit: Title VII Does Not Protect Sexual Orientation, Which Includes Heterosexual Orientation

APPLIES TO

All Employers with Employees in LA, MS, and TX

EFFECTIVE

April 19, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In O’Daniel v. Industrial Service Solutions, the 5th Circuit Court of Appeal reaffirmed its position that sexual orientation is not a protected class under Title VII of the Civil Rights Act, including heterosexual orientation. Specifically, “’[s]ex’ discrimination has been held to encompass discrimination based on sexual harassment or sexual stereotyping,” but does not include sexual orientation.

There, an HR manager posted to her personal Facebook account a picture of a man in a dress shopping at Target and objecting to his ability to use female facilities with the employee’s daughters. When her supervisors, one of whom is a member of the LGBTQ community, became aware of the post, they attempted to terminate her employment, but ultimately disciplined her. Subsequently, the employee claimed, in part, she was subject to discrimination and retaliation by her supervisor following the Facebook post, because she was heterosexual and she opposed discrimination on the basis of her heterosexual orientation.

The court stated that because sexual orientation is not protected under Title VII, opposing her alleged discriminatory treatment as a heterosexual was not a protected activity.

Action Items

  1. Have discrimination policies 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

Arkansas: 2019 Legislative Employment Updates

APPLIES TO

All Employers with AK Employees

EFFECTIVE

As indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Arkansas state legislature’s 2019 session ended on April 10, 2019 with several changes to employment-related laws. Key points are summarized below. All bills go into effect on July 23, 2019 unless otherwise stated.

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