HR Alerts – Page 75

Eleventh Circuit: Discrimination Defined When Compared to Similar Employees

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with AL, FL, GA employees

EFFECTIVE

March 21, 2019

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When making a discrimination claim under federal law, an employee must show she was treated differently than a “similarly situated” individual. In Lewis v. Union City, the Eleventh Circuit en banc defined what it means to be similarly situated. Specifically, only employees who are “similarly situated in all material respects” may be compared for purposes of finding discrimination. Although the analysis of similarity of “all material respects” will be determined on a case-by-case basis, the court gave “guideposts” of what to consider. For example, such individuals will have (1) engaged in the same basic conduct, (2) been subject to the same employment policy or rule, (3) ordinarily have the same supervisor, and (4) a shared employment or disciplinary history.

Georgia: “Key Employee” Clarified Under Restrictive Covenants Act

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with GA Employees

EFFECTIVE

March 5, 2019

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(888) 378-2456

The Georgia Restrictive Covenants Act (GRCA) prohibits noncompete agreements with employees unless they “customarily and regularly” solicit customers or make sales, or are a “key employee.” In Blair v. Pantera Enters., Inc., the Georgia Court of Appeals provided clarity on what a key employee is. There, an employee left to work for a competitor and a client followed because of its relationship with the employee. The employee did not solicit customers or make sales, and the employer attempted to enforce the noncompete on the basis of being a key employee.

Kentucky: Mandatory Arbitration is Again Permissible

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with KY Employees

EFFECTIVE

March 25, 2019

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In September 2018, the Kentucky Supreme Court stated that mandatory arbitration agreements violate state law. Recently, the Kentucky legislature enacted SB 7 to change that ruling. The Bill specifically states that employers may require an employee or applicant to execute an arbitration agreement as a condition of employment. The arbitration agreement must state a reasonable location for the arbitration, apply to both parties, ensure procedural fairness, provide at least one channel for pursuing a legal claim (e.g., individual arbitration), and allow an arbitrator to award the same type of relief as would be available through a court of law.

The Bill applies prospectively and retroactively so as to eliminate the effects of the prior court case. Notably, this permission for mandatory arbitration agreements does not apply to collective bargaining agreements.

Action Items

Have arbitration agreements reviewed by legal counsel for compliance with the 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.

Maryland: Minimum Wage to Increase to $15 per Hour by 2025

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with MD Employees

EFFECTIVE

June 1, 2019

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The Maryland legislature recently overrode Governor Hogan’s veto of a minimum wage bill that will increase minimum wage to $15 per hour by 2025, and by 2026 for employers with 14 or less employees. HB 166/SB 280 raises minimum wage to $11 per hour on January 1, 2020, and then by $0.75 each year thereafter until it reaches $15 on January 1, 2025. Small employers will see annual increases of $0.60 each year until July 1, 2026. Workers under 18 years old, down from 20 years, are required to be paid at least 85% of the state minimum wage.

Additionally, employers who take a tip credit for tipped employees must provide employees with a wage statement each pay period showing their effective hourly tip rate “as derived from employer-paid cash wages plus all reported tips for tip credit hours worked each workweek of the pay period.”

Action Items

Update projected budgets to account for increases in minimum wage.
Update payroll processes to account for minimum wage increases.
Update tipped employee wage statements as required.
Look for forthcoming tip credit wage statement regulations from the Commissioner.
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 Hampshire: Medical Marijuana May Be a Reimbursable Workers’ Compensation Expense

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NH Employees

EFFECTIVE

March 7, 2019

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The New Hampshire Supreme Court recently stated that a workers’ compensation carrier could not deny an employee’s request for reimbursement of medical marijuana to treat a work-related injury. In the Appeal of Andrew Panaggio, an employee suffered a lower back injury that resulted in permanent impairment and ongoing pain. He was prescribed opioids to treat the pain, but due to negative side effects, he was later issued a cannabis registration card authorizing medical marijuana use. However, the workers’ compensation carrier denied payment of the medical marijuana, alleging that it was not “reasonable/necessary or causally related” to the work injury.

New Jersey: Update Arbitration and Non-Disclosure Agreements Immediately!

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

March 18, 2019

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Recently enacted Senate Bill 121 prohibits nondisclosure agreements from concealing claims of discrimination, harassment, and retaliation. Interestingly, such terms are not enforceable against current or former employees, but they are enforceable against the employer, unless the employee discloses enough information to make the employer “reasonably identifiable.”

New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NJ Employees Who Perform Public Works for NJ

EFFECTIVE

March 31, 2019

QUESTIONS?

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(888) 378-2456

A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements. According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

New Jersey: Medical Marijuana Protected from Workplace Discrimination

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

March 27, 2019

QUESTIONS?

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(888) 378-2456

In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

New Mexico: Minimum Wage Increase and Tip Pool Standards Revised

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NM Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.

Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.

Action Items

Update projected budgets to account for increases in minimum wage.
Update payroll processes to account for minimum wage increases.
Review tip pooling procedures for compliance with the new rule.
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 York: Voting Paid Time Off Leave Revised

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with NY Employees

EFFECTIVE

April 1, 2019

QUESTIONS?

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(888) 378-2456

New York Election Law § 3-110 now provides for up to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. Employers may designate the voting time be taken at the beginning or end of a shift. These changes were made in passing the state’s yearly budget. Previously, two hours of paid voting leave was only required if an employee did not have a four hour window to vote before or after a shift. Now, the paid requirement is increased and there is no requirement of an inability to vote due to an employee’s shift.

Action Items

Update projected budgets to account for paid voting leave.
Have employee handbooks and voting policies revised for compliance.
Revise voting leave processes in accordance with the new rules.
Update voting posters for consistency with the new rules.
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.