Minneapolis, MN: Sick and Safe Time Ordinance Recently Amended

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All Employers with Minneapolis, MN Employees

EFFECTIVE

July 1, 2017

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(888) 378-2456

Minneapolis’s Sick and Safe Time Ordinance has been amended to more closely align with its neighboring city St. Paul’s recent Earned Sick and Safe Time Ordinance.  Key amendments to Minneapolis’s Ordinance include the following:

November Updates

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Varies

EFFECTIVE

Varies

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This HR Alert addresses the following topics:
  1. Ninth Circuit: USERRA Does Not Prohibit Mandatory Arbitration
  2. Eleventh Circuit: Applicants Cannot Sue for Disparate Impact Under Specific ADEA Statute
  3. California: Cal/OSHA to Develop Indoor Heat Illness Standard
  4. California: Monetary Value of Accrued Vacation not Needed on Wage Statements
  5. California: (More) Amendments to the Fair Pay Act – Prior Salary Not Valid Justification

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Employers Must Phase In New I-9 Form by January 2017

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All Employers

EFFECTIVE

January 21, 2017

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UPDATE: The new Form I-9 was released on November 14, 2016 on the USCIS website. Visit the I-9 webpage to download the form and accompanying instructions.

The Office of Management and Budget recently approved the final version of the new Form I-9, which will become available on the U.S. Citizenship and Immigration Services website (“USCIS”) no later than November 22, 2016.  Employers may continue to use the current I-9 form (revision date 03/08/2013 N, notated in the lower left corner) until January 21, 2017. After January 21, 2017, all employers must switch over to the new I-9 form.

States and Businesses Sue, Attempt to Halt Federal Overtime Rule

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All Employers

EFFECTIVE

N/A

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Recently, 21 states and a coalition of business groups filed lawsuits attempting to challenge the impending federal overtime rule, which is currently scheduled to become effective on December 1, 2016.  The new overtime rule will increase the salary test for exempt professionals to $47,476 per year for a full-time employee, over double the current salary threshold.

Eleventh Circuit: Race-Neutral Grooming Policy that Rejected Dreadlocks Was Not Disparate Treatment Discrimination

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All Alabama, Florida and Georgia Employers

EFFECTIVE

September 15, 2016

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(888) 378-2456

The Equal Employment Opportunity Commission (“EEOC”) sued an employer on behalf of a black applicant whose job offer was rescinded when she refused to change her dreadlock hairstyle.  On September 15, 2016, the Court of Appeals for the Eleventh Circuit agreed with a district court’s dismissal of the alleged discrimination complaint.  The Court reasoned that Title VII of the Civil Rights Act of 1964 prohibits adverse actions on the basis of immutable characteristics of race, whereas the dreadlocks hairstyle was a mutable choice.  This decision follows other courts in similarly rejecting the argument that hairstyles can be a “determinant of racial identity.”

California: Equal Pay Obligations Expanded to Cover Race and Ethnicity

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All Employers with California Employees

EFFECTIVE

January 1, 2017

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(888) 378-2456

California employers struggled this year to fully wrap their arms around the Fair Pay Act, which requires businesses to pay the same wage to employees of different genders who perform substantially similar work. Governor Brown has now signed the Wage and Equality Act of 2016 (the “Act”) into law, which adds workers of differing race or ethnicity as having the same protections similarly present under the Fair Pay Act.

California: Overtime Pay Regulations Expanded for Agricultural Employees

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All Employers with California Employees in Agricultural Industries

EFFECTIVE

Varies; see below

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(888) 378-2456

On September 12, 2016, Governor Brown signed AB 1066, a bill that will significantly expand overtime rights for California employees in the agricultural industry.  Currently, agricultural employees do not earn overtime until they complete over 10 hours of work in one day.  Beginning January 1, 2019, AB 1066 will lower the 10-hour threshold for overtime rates by a half-hour each year, reaching alignment with the standard eight-hour workday by 2022. The bill also phases in a 40-hour standard workweek. Further, as of January 1, 2022, any agricultural employee working in excess of 12 hours in one day must be compensated at a rate of twice their regular pay.

California: Governor Bans the Box on Juvenile Criminal History Inquiries

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All Employers with California Employees or Applicants

EFFECTIVE

January 1, 2017

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(888) 378-2456

On September 27, 2016, Governor Brown signed AB 1843, which will prohibit California employers from (1) requesting or seeking out any information regarding an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to juvenile court law, and (2) using juvenile criminal history as a factor in determining conditions of employment, such as hiring, promoting, or terminating employment.

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Illinois: Employee Sick Leave Act Mandates Greater Flexibility on use of Leave Benefits

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All Illinois Employers who offer Paid Sick Leave

EFFECTIVE

January 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Although Illinois does not mandate statewide paid sick leave, the recent Employee Sick Leave Act (the “Act”) requires Illinois employers who do provide paid sick leave (“PSL”) to allow employees to use PSL to care for their child, spouse, sibling, parent, parents-in-law, stepparents, grandchildren, or grandparents. Such care may include attending to an illness, injury, or medical appointment.  Employees must be allowed to use PSL to care for their family members on the same terms that they would use PSL for their own illness or injury.  Employers cannot deny employees the right to care for a specified family member in accordance with the Act.  Retaliation or adverse employment actions taken against employees for using or attempting to us their rightful PSL benefits is prohibited.

St. Paul, Minnesota: Paid Sick and Safe Time Ordinance Passed

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All Private Employers with St. Paul, MN Employees

EFFECTIVE

Varies; see below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On September 7, 2016, St. Paul passed the Earned Sick and Safe Time Ordinance (the “Ordinance”), following in Minneapolis’s footsteps in offering paid sick leave benefits.  The Ordinance has a two-year phase in schedule determined by employer size.  The Ordinance becomes effective July 1, 2017 for employers of 24 or more employees, and January 1, 2018 for employers of 23 or fewer employees.

Key provisions of the Ordinance are: