South Carolina: New Pregnancy Accommodations Act

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All Employers with SC Employees

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May 17, 2018

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On May 17, 2018, Governor McMaster signed the New Pregnancy Accommodations Act (HB 3865) into law, effective immediately, which prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. This includes failing or refusing to hire, bar, or discharge an employee/applicant from employment, denying employment opportunities based on a protected category or the need for reasonable accommodations, or requiring employees/applicants to accept an accommodation that they choose not to accept if they do not have a known limitation or it is unnecessary for the performance of their essential duties. Read more

Vermont: Bans Salary History Inquiries

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July 1, 2018

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Governor Scott recently signed H. 294 into law prohibiting employers from inquiring or seeking information about job applicants’ compensation history, including base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Employers are also prohibited from requiring a job applicant’s salary history satisfy minimum or maximum criteria as a prerequisite for employment, and from determining whether to interview job applicants based on their current or past compensation.

However, if job applicants voluntarily disclose their salary history, the employer may seek to confirm or request that the applicants confirm their salary history after making an offer of employment. Further, employers are permitted to ask a job applicant about salary expectations.

Action Items

  1. Have hiring managers trained on new requirements.
  2. Revise employment applications and interviewing procedures to eliminate any questions regarding salary history.
  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.

© 2018 ManagEase

Vermont: New Bill Embraces Gender-Neutral, Single-User Bathrooms

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All Employers with VT Facilities Accessible to the Public

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July 1, 2018

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On May 11, 2018, Governor Phil Scott signed H.333 into law.  This bill requires all single-user bathrooms in public buildings or places of public accommodation to be marked as gender-neutral.  It does not apply to any bathroom facilities for more than one user.

The bill requires a single-user toilet to be identified with a sign that indicates the facility as a restroom and does not indicate any specific gender.

Earlier last year, the Trump administration withdrew Obama-era protections for transgender students in public schools.  While some states have enacted so-called “bathroom bills” requiring individuals to use restrooms consistent with their gender at birth, Vermont joins California in recognizing gender identity issues by mandating single-user bathrooms to be marked as gender-neutral.

Action Items

  1. Replace signage on any single-user restrooms accessible to the general public by July 1, 2018.
  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.

© 2018 ManagEase

Washington: Agricultural Workers Must be Paid Separate Piece-Rate and Hourly Rates

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May 10, 2018

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In a narrow majority, the Washington Supreme Court recently stated that agricultural employees engaged in piece-rate work must also be compensated on a separate, hourly basis for tasks outside the scope of piece-rate work.  This means that employers of agricultural employees will need to track and compensate employees at two different pay rates, depending on the work that the individual completes.

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June Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. Trump Rolls Back Federal Contractor Disclosure and Employment Requirements
  2. Redwood City, CA: City Adopts New Minimum Wage Ordinance
  3. Sacramento, CA: City Requires Panic Buttons for Hospitality Industry
  4. Philadelphia, PA: Judge Blocks Parts of Pay Equity Regulations

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THE SCOTUS DECISION IS FINALLY HERE – Revisit Your Arbitration Agreements!

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May 21, 2018

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At long last, the U.S. Supreme Court finally issued its ruling on whether or not class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) – short answer, they don’t.

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Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

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All Employers with AL, AZ, CA, HI, ID, OR, MT, NV, and WA Employees

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April 9, 2018

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In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential.  Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.

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U.S. DOL Issues Several Guidance Documents Clarifying Wage and Hour Regulations

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April 6 and 12, 2018

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April has been a busy month for the U.S. Department of Labor (“DOL”).  The Wage and Hour Division issued a number of opinion letters, a bulletin, and a revised fact sheet addressing different employee pay practices, such as tip credits, travel time, and rest periods.  Employers should review the different letters for applicability to their workforce.

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California: Employers Face New Hurdles with Independent Contractor Classifications

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April 30, 2018

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In Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court created a new test for determining whether a worker is an employee or independent contractor for purposes of wage and hour claims, making it one of the strictest standards in the country. A class action was filed against a delivery service employer who converted its employee drivers to independent contractors in 2004 for economic reasons. The class alleged, in part, that they were misclassified and Dynamex failed to pay overtime, provide itemized wage statements, and reimburse business expenses.

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Washington: Domestic Violence Leave Law Amended to Include Safety Accommodations

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June 7, 2018

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(888) 378-2456

Washington’s existing Domestic Violence Leave law was recently amended to require employers to provide reasonable safety accommodations to employees who are victims of domestic violence, sexual assault, or stalking. Specifically, employers must consider an individual’s request for a reasonable safety accommodation, unless the accommodation causes an undue hardship on the business (defined as an action requiring significant difficulty or expense).  Employers may require the individual to furnish verification that the employee and their covered family member is a victim of domestic violence, sexual assault, or stalking.  The amendments provide a non-comprehensive list of potential safety accommodations, including:

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