HR Alerts – Page 66

Maryland: Noncompete Clauses Banned for Low Wage Workers

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers of MD Employees

EFFECTIVE

October 1, 2019

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As a matter of public policy, SB 328 prohibits employers from including noncompete and conflict of interest provisions in employment contracts for employees earning less than $15 per hour, or $31,200 annually. If a noncompete or conflict of interest provision is found in an employment contract and restricts entry into employment with another employer, or restricts the employee from becoming self-employed in the same or similar business or trade, it shall be deemed null and void.

The bill applies to Maryland employees regardless of whether the contract was executed inside or outside of the State. The new legislation does not apply to employment contracts restricting the use of client lists or other proprietary client-related information.

Action Items

Review the text of the bill here.
Have noncompete and conflict of interest clauses reviewed by legal counsel for compliance with this new law.
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.

New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

January 1, 2020

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Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries. Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.

New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

August 6, 2019, unless otherwise noted

QUESTIONS?

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(888) 378-2456

New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.

Notice Requirement. The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws. Employers must provide this statement to all current employees and new employees at time of hire.

Failure to Maintain Records. Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true. Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.

Nevada: Extensive Legislative Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NV Employees

EFFECTIVE

Varies; See Below

QUESTIONS?

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(888) 378-2456

The Nevada Legislature enacted a number of laws in 2019. Below is a summary of legislative updates that impact employers.

AB 181 | Sick Day Notice. Effective May 15, 2019, employers cannot require employees to be physically present at work in order to provide notification of an injury or illness requiring sick leave usage. However, employers can continue to require employees to notify the employer when they are sick and cannot come to work.

AB 192 | Removal of Decriminalized Offenses. Effective July 1, 2019, any person convicted of a decriminalized offense may request to have records of the offense sealed so they do not appear on background checks.

AB 226 | Microchip Implantation. Effective October 1, 2019, employers or any other entity or individual cannot require a person to have a microchip implant or other permanent identification marker as a condition of employment.

New York: Expanded Workplace Protections for Victims of Domestic Violence

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NY Employees

EFFECTIVE

November 18, 2019

QUESTIONS?

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(888) 378-2456

New York has enacted legislation that broadens the definition of “victim of domestic violence” in order to be consistent with the state’s Domestic Violence Protection Act. The New York State Human Rights Law (NYSHRL) defines victims of domestic violence to include those over the age of 16, any married person, or any parent with a child in a situation where either the parent or child is a victim of a qualifying act by a family or household member in violation of the penal code (such as assault, harassment, sexual abuse, stalking, etc.). The qualifying act must result in, or create a substantial risk of, physical or emotional injury to the person or their minor child.

New York: Implements More Stringent Data Security Requirements for Employers

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers of NY Employees Maintaining Private Data of New York Residents

EFFECTIVE

March 21, 2020

QUESTIONS?

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(888) 378-2456

In order to combat breaches of security placing personal information at risk, the state of New York implemented the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which requires businesses to implement safeguards for the private information of New York residents, and expands notification requirements when a breach occurs. The SHIELD Act is quite broad and can apply to any employer who maintains private information of New York residents, even those outside the state.

New York, NY: Human Rights Law Expanded Again

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers with Four or more New York City Employees and Independent Contractors

EFFECTIVE

October 13, 2019

QUESTIONS?

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(888) 378-2456

The New York City Council expanded their existing harassment legislation, once again. This latest revision will ensure that freelancers and independent contractors are protected by the New York City Human Rights Law. The previous law applied to employers that employed four or more employees and allowed them to file complaints with the New York City Commission on Human Rights when they faced harassment or discrimination based on race, religion, gender, or another protected class. The amendment expands this coverage to businesses that employ or engage at least four employees or independent contractors, combined.

Action Items

Have harassment policies updated.
Have managers trained on the new requirements.
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.

Washington: Salary History Inquiry Ban and Sexual Harassment Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Certain Employers with WA Employees, as indicated

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Washington Legislature has enacted a number of laws over the past few months. Below is a summary of legislative updates and key court decisions that impact employers.

Salary History Inquiry Prohibition

Yet another statewide salary history ban! Like Illinois and Nevada, the Washington legislature amended the state’s Equal Pay Act to prohibit salary history inquiries in an effort to promote fair pay practices. As of July 28, 2019, employers may not seek salary history information from applicants, though employers are permitted to verify information voluntarily disclosed by the applicant, or after the employer has extended an offer of employment containing compensation.

October Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:

OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
Ninth Circuit: ERISA Claims May be Arbitrated
California: PAGA-only Claims May Not Seek Unpaid Wages
Petaluma, CA: Minimum Wage Increases on January 1, 2020
Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
New Jersey: Hairstyles are Protected under the Law Against Discrimination
Bernalillo County, NM: Enacts Wellness Act
New York: Hairstyles are Protected under the State Human Rights Law
Toledo, Ohio: Salary History Inquiries Banned
South Carolina: State Supreme Court Abolishes Common Law Marriage
Dallas and San Antonio, TX: Paid Sick Leave Update

Washington: Recent Employment Updates

September 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with WA Employees

EFFECTIVE

July 28, 2019, unless otherwise noted

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Washington enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Domestic Violence Resources Poster. Employers must now post a Domestic Violence Resources poster in a conspicuous location.

Lactation Accommodations. Employers are required to provide reasonable break time for an employee to express breast milk for up to two years after birth each time the employee needs to express the milk. Employers must provide a private location, other than a bathroom, for lactation. If the business location does not have a lactation space, the employer must work with the employee to identify a convenient location and work schedule to accommodate their needs.