HR Alerts – Page 91

Austin, TX: Paid Sick Leave Begins October 1, 2018, Barring Opposition from the Legislature

March 6, 2018/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers of Austin, TX Employees

EFFECTIVE

October 1, 2018

QUESTIONS?

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(888) 378-2456

On February 16, 2018, the Austin City Council voted to approve mandatory paid sick leave. The ordinance is pending the mayor’s signature, and will require employers to provide protected time off in line with states like California, Oregon, or recently, Rhode Island—assuming Texas lawmakers do not nip the ordinance in the bud. State Representative Paul Workman and State Senator Donna Campbell have expressed opposition to the ordinance and publicly promised to overturn it. Below, we highlight key provisions from the draft paid sick leave (“PSL”) ordinance.

Spokane, WA: New Ban-the-Box Ordinance Limits Criminal History Inquiries

March 6, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers of Spokane, WA Employees

EFFECTIVE

June 14, 2018

QUESTIONS?

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(888) 378-2456

Employers based in Spokane, Washington will soon need to comply with new ban-the-box provisions. With narrow exceptions, the Fair Chance Hiring Act prohibits employers from broadly disqualifying or making employment decisions based solely on criminal history.

Wisconsin: Temporary Workers Can Now Sue Employers for Workplace Injuries

March 6, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers of WI Employees

EFFECTIVE

January 26, 2018

QUESTIONS?

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(888) 378-2456

In In Re the Estate of Carolos Esterley Cerrato Rivera v. West Bend Mutual Insurance Company, the Wisconsin Court of Appeals recently stated that a temporary worker could opt out of making a workers’ compensation claim under the Wisconsin Workers’ Compensation Act (the “Act), and bring a tort claim against the employer instead.

March Updates

March 6, 2018/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:

U.S. Supreme Court Declines to Rule on DACA Program
Reminder: 2017 EEO-1 Filing Deadline March 31, 2018
H1-B Visa: Filing Deadlines and New Requirements
Federal Judge Blocks EEOC Enforcement Guidance on Background Checks
Reminder: Massachusetts Pregnant Workers Fairness Act Effective April 1, 2018
Wisconsin’s Non-Compete Rules Apply to Non-Solicitation Agreements

California District Court Enjoins DACA Rescission, Temporarily Halting Program Wind-Down

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers

EFFECTIVE

January 9, 2018

QUESTIONS?

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(888) 378-2456

Late last year, the Trump Administration announced that it would rescind the Deferred Action for Childhood Arrivals (“DACA”) program, implementing a plan to wind down the DACA program over six months. On January 9, 2018, Judge William Alsup of the U.S. District Court for Northern California issued an injunction on this decision, ordering the Trump Administration to maintain the DACA program, with few exceptions. This injunction has since been challenged by the U.S. Department of Justice. A timeline of this ongoing matter is summarized below.

U.S. DOL Adopts “Primary Beneficiary” Test in Determining Status of Unpaid Interns

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with Unpaid Interns

EFFECTIVE

January 5, 2018

QUESTIONS?

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(888) 378-2456

On January 5, 2018, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-2, adopting the “Primary Beneficiary” test used to determine whether or not unpaid interns should actually be classified as employees under the Fair Labor Standards Act (“FLSA”). Several federal circuit courts have used the primary beneficiary test to determine whether an unpaid intern is in fact an employee, and rejected the DOL’s prior six-factor test as being too rigid.

U.S. Customs and Border Protection Updates Directive on Searching Electronic Devices

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers

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January 5, 2018

QUESTIONS?

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(888) 378-2456

The U.S. Customs and Border Protection (“CBP”) released an updated Directive governing border searches of electronic devices. The Directive outlines in detail how the CBP will conduct border searches of electronic devices. Employers with employees who regularly participate in international travel may wish to take note of these changes in the event that an employee’s electronic device(s) contains confidential or sensitive work-related information.

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

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with Santa Monica, CA Employees

EFFECTIVE

January 10, 2018

QUESTIONS?

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(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

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with IL Employees

EFFECTIVE

December 21, 2017

QUESTIONS?

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(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

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.

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

February 5, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with MD Employees

EFFECTIVE

February 11, 2018

QUESTIONS?

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(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.