Union Organizers Can No Longer Use the Public Spaces of an Employer’s Premises

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All Employers subject to the NLRA

EFFECTIVE

June 14, 2019

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In UPMC, the National Labor Relations Board (NLRB) eliminated the “public space” rule that allowed nonemployee union representatives to use the public areas of the property for organizing activities. However, public spaces may be used if the union has no other reasonable way of communicating with employees or the employer allows similar groups access to its public spaces.

There, union organizers met with employees in the employer’s public cafeteria and displayed union paraphernalia. Following a confrontation, police escorted the representatives from the property. The employer equally expelled other nonemployee individuals soliciting for any number of reasons.

Moving forward, employers may maintain no-solicitation policies, provided that unions have other ways of communicating with employees and the policy is consistently enforced. Employers should implement standard procedures for enforcing no-solicitation policies to ensure consistent treatment of nonemployees.

Action Items

  1. Have no-solicitation policies for public areas reviewed for consistency with this ruling.
  2. Have applicable staff trained on approved uses of employer public spaces for consistent application of the policy.
  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

DOL Issues Opinion Letters on Nondiscretionary Bonuses, Overtime Exemption Standards, and Rounding Time Under the FLSA

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All Employers Subject to the FLSA

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July 1, 2019

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The U.S. Department of Labor (DOL) recently announced new opinion letters from the Department’s Wage and Hour Division (WHD) on calculating overtime pay for nondiscretionary bonuses and permissible rounding practices under the Fair Labor Standards Act (FLSA).  Opinion letters are responses from the WHD to submitted queries, are primarily informative in nature, and are published by the WHD to clarify or interpret existing regulations.

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OSHA Issues Final Rule on Regulatory Safety Updates

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All Employers

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July 15, 2019

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The Occupational Safety and Health Administration (OSHA) recently issued a final rule to clarify and streamline certain safety standards. For example, it is a set rule that employers must report hearing loss injuries to OSHA if they are work-related. However, determining work-relatedness has been unclear. Now, healthcare providers must follow OSHA’s general standards for determining whether injuries are work-related, as set forth in 29 C.F.R. § 1904.5, when making a determination related to hearing loss.

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Sixth Circuit: Work Restrictions Do Not Equate to a Disability Under the ADA

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All Employers with MI, KY, OH, and TN Employees

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June 7, 2019

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In Booth v. Nissan North America, Inc., the Sixth Circuit stated that just because an employee has physical work restrictions does not equate to being “disabled” under the Americans with Disabilities Act (ADA). A person is disabled under the ADA if they have a (1) “physical or mental impairment that substantially limits one or more major life activities,” (2) “a record of such impairment,” or (3) is “regarded as having such an impairment.”

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Seventh Circuit: Obesity is a Disability Under the ADA Under Limited Circumstances

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All Employers with IL, IN, and WI Employees

EFFECTIVE

June 12, 2019

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In Richardson v. Chicago Transit Authority, the Seventh Circuit Court of Appeal stated that obesity would only be considered a disability under the Americans with Disability Act (ADA) if the obesity is caused by a physiological disorder or condition.  This decision aligns the Seventh Circuit with the Second, Sixth, and Eighth Circuit courts.

Generally, employers covered by the ADA are required to provide disabled employees with reasonable accommodations that will allow the disabled person to perform the essential function of their job.  Richardson provides employers with guidance on how the ADA applies to obesity.  If an obese individual’s condition prevents them from performing essential job duties, or threatens the safety of others, employers may still need to engage in the interactive process to determine if the individual’s condition qualifies under the ADA or other state or local laws.

Action Items

  1. Review interactive process procedures 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

Alabama: New Pay Equity Law Prohibits Retaliation Related to Wage History Inquiries; Adds Equal Pay Provisions

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All Employers with AL Employees

EFFECTIVE

September 1, 2019

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(888) 378-2456

The newly enacted Clarke-Figures Equal Pay Act (CFEPA) is Alabama’s first statewide pay equity law, and goes into effect on September 1, 2019.  The CFEPA takes its cues from the federal Equal Pay Act, but also includes provisions commonly seen in other state-level pay equity laws designed to combat discriminatory pay practices.

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California: Paid Family Leave Extended in 2020

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All Employers with CA Employees

EFFECTIVE

June 27, 2019, July 1, 2020, and January 1, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

SB 83 was recently enacted to extend Paid Family Leave (PFL) benefits from a maximum of six to eight weeks beginning on July 1, 2020. PFL benefits are used by employees to care for an ill family member or bond with a child. Beginning January 1, 2021, the bill adds benefit coverage for employees participating in a qualifying exigency related to the covered active duty of a qualified family member in the U.S. Armed Forces.

The bill also requires the governor to propose other PFL benefit increases by November 2019. This would include extending coverage up to three months for each parent to take consecutively for baby bonding, increasing the benefit rate up to 90% for low-wage workers, and implementing job protections. Employers should continue to look for ongoing updates on these changes.

Action Items

  1. Review SB 83 here.
  2. Prepare to update employee handbooks and policies where applicable.
  3. Update PFL pamphlets when released by the state.
  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

Connecticut: New Bill Implements Expansive, Fully Paid Family Leave Benefits

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All Employers with CT Employees

EFFECTIVE

June 25, 2019

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On June 25, 2019, Governor Ned Lamont signed Public Act 19-25, “An Act Concerning Paid Family and Medical Leave” (the Act) into law, setting the wheels in motion for the most generous paid family and medical leave benefit in the United States.  The Act substantially amends the existing Connecticut Family and Medical Leave Act (CTFMLA), expanding coverage to all employees, reducing the waiting period for eligibility, and requiring compensation of employees on leave.

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Connecticut: Sexual-Harassment Prevention Obligations Expanded, Including Training Requirements

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APPLIES TO

All Employers with Connecticut Employees

EFFECTIVE

October 1, 2019, unless otherwise noted

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Public Act 19-16, also known as the “Time’s Up” bill, imposes quite a number of new obligations on employers in the battle against sexual harassment.  Most provisions go into effect as of October 1, 2019, unless otherwise noted.

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Illinois: Get Ready for Marijuana Legalization in 2020

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All Employers with IL Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug.  House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.

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