Santa Monica, CA: Updates to Minimum Wage and Paid Sick Leave Ordinance

APPLIES TO

All Employers with Santa Monica, CA Employees

EFFECTIVE

January 10, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Although Santa Monica employers have been required to provide paid sick leave since January 2017, the City of Santa Monica has recently amended its minimum wage and paid sick leave ordinance (the “Ordinance”) to revise some provisions and provide further clarity on definitions and administration of paid sick leave and minimum wage. Key highlights include:

Illinois: Appellate Court Ruling May Stem Tide of Biometric Class Action Lawsuits

APPLIES TO

All Employers with IL Employees

EFFECTIVE

December 21, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Illinois’s Biometric Information Privacy Act (“BIPA”) was implemented to help safeguard individuals’ biometric data, such as fingerprint scans, like those used in biometric time clocks. Employers are required, among other things, to comply with certain notice and consent elements before obtaining employee biometric data.

In Rosenbach v. Six Flags Entertainment, the Illinois Appellate Court stated that a person can only claim a violation of BIPA if an “actual injury, adverse effect, or harm” occurred. Thus, a technical violation when collecting biometric data is not actionable. Employers have been subject to a wave of class action lawsuits alleging violations of BIPA, and this case may turn the tide. Regardless, employers who implement biometric security protocols should nevertheless obey the notice and consent provisions of BIPA.

Action Items

  1. Review biometric time clock and scanning process for compliance with BIPA.

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

Maryland: Statewide Paid Sick and Safe Leave Begins Feb 11, 2018

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All Employers with MD Employees

EFFECTIVE

February 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In 2017, Governor Larry Hogan vetoed an act that would require Maryland employers to provide paid sick and safe leave (“PSSL”). The Maryland legislature recently overrode this veto, meaning Maryland HB 1 (the “Act”) will go into effect on February 11, 2018.  Maryland employers should immediately review the details of the Act, summarized below.

New Jersey: Ban-the-Box Requirements Strengthened

APPLIES TO

All Employers with 15+ NJ Employees

EFFECTIVE

December 20, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Originally effective on March 1, 2015, the New Jersey Opportunity to Compete Act (“OCTA”) prohibits employers of 15 or more employees working over 20 calendar weeks in New Jersey from making inquiries into an applicant’s criminal history during the initial application process, among other provisions. As of December 20, 2017, Senate Bill S-3306 applies new amendments to OCTA, further strengthening protections for applicants.

The OCTA amendment specifies that employers are prohibited from (1) soliciting information about an applicant’s current or expunged criminal record during the initial application phase, including when using online employment applications that require the disclosure of current or expunged criminal records in order to proceed with the application; and (2) performing online searches seeking criminal history information.  Employers may ask about current or expunged criminal records after the initial application process, but may not refuse to hire an applicant solely because a criminal record has been expunged or erased through executive pardon, with few exceptions.

Action Items

  1. Review the text of S-3306 here.
  2. Revise written or electronic employment applications to remove any questions pertaining to an applicant’s current or expunged criminal history.
  3. Have hiring personnel trained on the updated requirements.

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

New Jersey: New Breastfeeding Anti-Discrimination Measures

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All Employers with NJ Employees

EFFECTIVE

January 8, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Chris Christie recently signed Senate Bill S-2709, amending the New Jersey Law Against Discrimination to include breastfeeding and expressing milk as a protected class.  This amendment implements anti-discrimination measures for breastfeeding employees and requires employers to provide reasonable accommodations to breastfeeding employees.

New York, NY: New Reasonable Accommodation Requirements for Employers

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

July 18, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 18, 2018, New York City passed Int. No. 804-A, which amends the New York City Human Rights Law (“NYCHRL”) to require employers to engage in a “cooperative dialogue” to address an employee’s accommodation needs. Specifically, employers must engage in a cooperative dialogue within a reasonable time, upon request for a reasonable accommodation or when the employer has notice an employee may require an accommodation, related to religious needs; disability; pregnancy, childbirth, or a related medical condition; or as a victim of domestic violence, sex offenses, or stalking.

A “cooperative dialogue” includes a good faith written or oral dialogue about a person’s accommodation needs, addressing the accommodation needs including alternatives to a requested accommodation, and the difficulties that potential accommodations may post for the employer. Once a final determination is reached after the cooperative dialogue process, an employer must provide the employee with a written final determination identifying any accommodation that was either granted or denied. Importantly, an employer cannot find that no reasonable accommodation is available without engaging in, or attempting to engage in, a cooperative dialogue.

Action Items

  1. Review the text of Int. No. 804-A here.
  2. Have policies and procedures reviewed and updated for compliance with this amendment by July 18, 2018 when the amendment becomes effective.
  3. Have managers and applicable personnel trained on the reasonable accommodation and cooperative dialogue process.

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

New York, NY: NYCHRL Updates Definitions of Sexual Orientation and Gender

APPLIES TO

All Employers with 4+ New York, NY Employees

EFFECTIVE

May 11, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On January 11, 2018, New York City passed Int. No. 1186-A, which amends the New York City Human Rights Law (“NYCHRL”) to expand the definitions of “sexual orientation” and “gender.” “Sexual orientation” refers to heterosexuality, homosexuality, or bisexuality, and will also now include “an individual’s actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender.” Sexual orientation is a “continuum of sexual orientation” that will also include asexuality and pansexuality.

Vermont: Lawmakers Legalize Recreational Marijuana

APPLIES TO

All Employers with VT Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This year, Vermont joins several other states in legalizing recreational marijuana use, and the first state to do so through its legislature. Effective July 1, 2018, H. 511 allows adults over the age of 21 years old to possess up to one ounce of marijuana and cultivate their own marijuana plants.

Though the bill permits recreational use and cultivation of marijuana, it does contain specific limitations. For example, marijuana use is prohibited in any public place, defined as street, alley, park, sidewalk, public building other than an individual dwelling, or any place of public accommodation, and selling marijuana is still illegal.

Furthermore, employers can rest assured—the bill explicitly states that nothing in the new law requires employers to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana within the workplace. Employers are still permitted to implement and enforce substance abuse policies in the workplace.

Action Items

  1. Review the text of H.511 here.
  2. Have substance abuse policies updated to include a drug-free workplace provision addressing marijuana.

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

Seattle, WA: New Changes to Paid Sick and Safe Ordinance

APPLIES TO

All Employers with Seattle, WA Employees

EFFECTIVE

January 14, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Washington’s statewide paid sick leave law went into effect on January 1, 2018, requiring employers to create a paid sick leave policy that offers the correct level of benefits depending on various localities’ own regional paid sick and safe time laws. In late December, Seattle amended its own Paid Sick and Safe Ordinance to more closely align with the statewide law. Although Seattle has required employers to provide paid sick and safe time (“PSST”) in some manner since 2012, the newest amendments were recently implemented as of January 14, 2018. Key changes are summarized below.

Wisconsin: Employee Non-Solicitation Agreements Must Be “Reasonable”

APPLIES TO

All Employers with WI Employees

EFFECTIVE

January 19, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Wisconsin, post-employment restrictive covenants must be “reasonable” to be enforced. In Manitowoc Company, Inc. v. Lanning, the Wisconsin Supreme Court recently stated that post-employment non-solicitation agreements must meet the same standard as other post-employment restrictive covenants (e.g., non-competition and non-disclosure agreements). Specifically, a “reasonable” non-solicitation agreement must be necessary for the protection of the employer, provide reasonable time and territorial limits, and not be oppressive to the employee or contrary to public policy.