Chicago, IL: Predictive Scheduling Law Coming Next Summer

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Certain Employers with Chicago, IL Employees

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July 1, 2020

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The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with 100 or more employees globally (250 employees for non-profit organizations), 50 of which meet the eligibility requirements. Employees are eligible for protection under the Ordinance if they primarily work in Chicago, earn no more than $50,000 per year in salary or $26 per hour as an hourly worker, and work in building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services industries.

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Maine: Recent Employment Updates

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All Employers with ME Employees

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September 17, 2019

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

Privacy Protections. Employers will be prohibited from requesting applicants’ Social Security numbers, unless used in the context of a pre-employment background screen or substance abuse testing.

Tip Pooling Clarified. Employers may only implement tip pooling among service employees, and provided that they do not violate the Fair Labor Standards Act (FLSA).

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Nebraska: Employees are Permitted to Discuss Wages

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All Employers subject to FEPA with NE Employees

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September 6, 2019

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LB 217 updated the Nebraska Fair Employment Practice Act (FEPA) to prohibit employer discrimination of employees who “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation” outside of working hours. This rule does not apply to employees whose job functions allow them access to this information and disclose it to someone who does not otherwise have authorized access to the information, except under limited circumstances. It also does not apply to employees who disclose such wage information to the general public or to the employer’s competitors.

The rule expressly states that employers are not required to disclose information regarding employee wages, benefits, or compensation. However, it also states that this information is not proprietary information. This means that employers should have their nondisclosure agreements reviewed by legal counsel to ensure they are compliant with the current rule.

Action Items

  1. Read the text of the bill here.
  2. Have employee handbooks and employer policies updated where applicable.
  3. Have nondisclosure agreements updated where applicable.
  4. Have managers trained on the new rule.
  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

North Dakota: Recent Employment Updates

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All Employers with ND Employees

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August 1, 2019

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

Volunteer Emergency Responder Leave. Covered leave now includes all volunteer members of the army or air national guard in any state, not just North Dakota.

Marijuana “Decriminalization”. North Dakota reduced penalties for first-time possession of up to a half ounce of marijuana to only a fine, not jail time. However, possession of larger amounts, repeat offenses, and sales or trafficking can still result in harsher sentences. The lessening of punishment for first-time offenders does not make marijuana legal; it merely treats the infraction more like a traffic ticket.

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Oklahoma: Employers May Seek Restraining Orders Against Workplace Harassment

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All Employers with OK Employees

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November 1, 2019

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SB 715 created the Protection from Workplace Harassment and Violence Act which permits employers to obtain a temporary restraining order against individuals who engage in workplace harassment, including “repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim.” Injunctive relief could include restraining an individual from entering the employer’s property, contacting the employer or any employee while at work, or any other relief necessary to protect the employer or its employees.

Employers will be immune from civil liability for seeking or failing to seek an injunction; however, employers are still required to provide a safe workplace. Additionally, the new Act cannot be used to prohibit constitutionally protected activities, such as speech.

Employers should consider reviewing workplace violence policies and emergency plans consistent with the new permissions. This may be a useful tool for employers to ensure workplace safety.

Action Items

  1. Read the bill here.
  2. Have workplace violence policies and emergency plans updated consistent with the new rules.
  3. 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

Oregon: Recent Employment Updates

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All Employers with OR Employees

EFFECTIVE

As Indicated

QUESTIONS?

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(888) 378-2456

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

Immigration Enforcement Notice. As of June 6, 2019, SB 370 requires employers to notify employees within three business days of receiving a notice of inspection from a federal agency (e.g., USCIS, ICE) requiring the employer to provide access to employment eligibility and identity verification documents. The notice must be posted in a conspicuous place in English and the language the employer typically uses to communicate with employees, and attempt to distribute the notice to employees in their preferred language. The Bureau of Labor and Industries (BOLI) is required to issue a sample notice by the end of the year.

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Texas: Recent Employment Updates

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All Employers with TX Employees

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

Discrimination Update. As of September 1, 2019, age-based discrimination protections now apply to people 40 years old and over, which was expanded from the previous range of 40 to 56 years olds.

Electronic Payroll Cards. As of September 1, 2019, employers may use electronic payroll cards to pay employees, provided they give employees written notice of the plan and any fees associated with it at least 60 days before the first electronic funds are paid. Employees must be allowed to opt out of the program, and employers must pay wages using the selected alternative payment method as soon as practicable but no later than 30 days after the employee submits the request.

Jury Service Protections. As of September 1, 2019, employers are prohibited from threatening, intimidating, or discharging any permanent employee based on their jury service. Additionally, an employee’s job position is protected if an employee provides notice as soon as practicable that they intend to return to work after jury service. Further, jury duty protections have been expanded to include service on a grand jury.

Action Items

  1. Have employee handbooks and policies updated where applicable, and train managers on the recent updates.
  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

September Updates

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Varies

EFFECTIVE

Varies

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(888) 378-2456
This Short List addresses the following topics:
  1. REMINDER! EEO-1 Component 2 Reporting is Due September 30th
  2. DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
  3. 2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
  4. 9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
  5. New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
  6. Arizona: Mini-COBRA and Bona Fide Associations Updates
  7. California: Hairstyles Soon to Be Protected From Discrimination
  8. Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
  9. Florida: Unemployment Compensation Protections for Domestic Violence Victims
  10. Indiana: Direct Sellers are Exempt from Minimum Wage Rules
  11. Iowa: Enacts Negligent Hiring Protections for Employers
  12. Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
  13. Kansas City, MO: Enacts Salary History Inquiry Ban
  14. New Hampshire: Child Labor Hours Restricted
  15. New York: Paid Family Leave Benefit Schedule Update
  16. New York: Whistleblower’s Immigration Status is Protected
  17. Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
  18. Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
  19. Vermont: Expunged Records Make Criminal Convictions Vanish
  20. Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
  21. West Virginia: Effect of Expunged Criminal Convictions

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Arbitration Agreements Must Exempt NLRA Claims According to the NLRB

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All Employers Subject to the NLRA

EFFECTIVE

June 18, 2019

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In Prime Healthcare, the National Labor Relations Board (NLRB) stated that an arbitration agreement that did not expressly exclude claims filed with the NLRB was invalid. There, the arbitration agreement simply required that all claims between the employer and employee be subject to arbitration. There were a few exceptions identified for workers’ compensation and unemployment claims, but not for National Labor Relations Act (NLRA) claims processed through the NLRB.

The Board stated that although the arbitration agreement did not expressly state that NLRB claims are subject to the arbitration agreement, because it called for “all claims” to be arbitrated, with limited exceptions, it restricted employees’ access to the NLRB and its processes. The Board ordered the employer to rescind the unlawful agreement and provide notice to current and former employees.

Employers should ensure that arbitration agreements expressly exclude NLRB claims. A general disclaimer excluding anything that would interfere with employee rights may not be sufficient.

Action Items

  1. Have arbitration agreements reviewed with legal counsel.
  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

NLRB Clarifies Restrictions on Social Media Use, Confidentiality, and Employee Conduct

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All Employers subject to the NLRA

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August 30, 2018

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On June 14, 2019, the National Labor Relations Board (NLRB) released an Advice Memorandum in Coastal Industries, Inc. dba Coastal Shower Doors issued on August 30, 2018. The Board applied the 3-tiered Boeing standard to several employer policies. Specifically, Category 1 policies are lawful; Category 2 policies require individual scrutiny; and Category 3 policies are unlawful. The following is a summary of key portions of the NLRB’s review of confidentiality, conduct, and social media policies.

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