HR Alerts – Page 99

California: Adds New Workplace Protections for Transgender Individuals

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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July 1, 2017

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California continues to lead the nation in offering protections for transgender individuals. On July 1, 2017, a new set of regulations expanding existing protections under the Fair Employment and Housing Act (“FEHA”) go into effect, addressing an individual’s right to gender expression, equal access to facilities, and more.

California: Supreme Court Spells Out “Day of Rest” Rules

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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May 18, 2017

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In Mendoza v. Nordstrom, the California Supreme Court clarified the application of the “day of rest” rule as set forth by the California Labor Code. Generally, employers cannot require employees to work more than six days in a seven-day workweek, unless the employee’s working hours do not exceed 30 hours in one workweek or six hours in any one day. The California Supreme Court provided guidance on the finer operational points of this “day of rest” rule, summarized below.

California: Voluntarily Resigning in an “Altered Mental State” is Not a Disability Protected from Discrimination

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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April 19, 2017

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The Second District Court of Appeals in California recently determined that an employer’s refusal to allow an employee to rescind her own voluntary resignation is not a valid basis for a disability discrimination lawsuit, even though the employee allegedly tendered her resignation in an “altered mental state.”

California: Genetic Causes May be Considered in Apportioning Liability for Work Injuries

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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April 26, 2017

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On April 26, 2017, the California Third District Court of Appeal stated that genetic causes, including inherited predispositions, may be considered in medical evaluations to apportion the employer’s share of liability for work-related injuries. This builds further upon the current standard for workers’ compensation injuries in which employers must compensate workers only for the portion of a disability caused by a work-related injury.

Georgia: New Kin Care Law; New Bill Protects On-Call Scheduling Practices

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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July 1, 2017

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Governor Nathan Deal recently signed two bills affecting employers of Georgia employees. H.B. 243 is an employer-friendly bill addressing on-call scheduling practices, whereas S.B. 201 introduces kin care protections for employers that offer paid sick leave. Both will become effective on July 1, 2017.

Indiana: State Supreme Court Says Subcontractor’s Employees are Owed a “Duty of Care”

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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April 26, 2017

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In the aftermath of Ryan v. TCI Architects/Engineers/Contractors, et al., Indiana employers should review their standard operating contracts and subcontracts to determine if they have an unexpected “duty of care” to workers of other entities. The Indiana Supreme Court’s ruling in this case determined that certain language in a general contractor’s form contract extended a duty of care to a sub-subcontractor, despite the general contractor’s arguments otherwise.

Missouri: State Human Rights Act Soon to be Amended

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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Expected August 28, 2017

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On May 9, 2017, a bill seeking to amend the Missouri Human Rights Act (“MHRA”) passed the Missouri legislature and is now headed to Governor Greiten’s desk where it is expected to be signed into law. If enacted, Senate Bill 43 would implement significant changes to several employment regulations, and would go into effect on August 28, 2017. Highlights of these changes include:

Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of 15+ NV Employees

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June 2, 2017 and October 1, 2017

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SB 253, also known as the Nevada Pregnant Workers’ Fairness Act (the “Act”), provides broader workplace protections for workers affected by pregnancy-related conditions. Employers are now responsible for (1) providing accommodations for pregnancy-related conditions, and (2) informing female workers of their rights to such accommodations.

New York: Southern District of NY Allows Sexual Orientation Discrimination Claim to Proceed Under Title VII

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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May 3, 2017

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On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964. This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.

Puerto Rico: Right to Religious Freedom Accommodations

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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May 25, 2017

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Though the Labor Transformation and Flexibility Act (the “Act”) makes numerous changes to Puerto Rico employment laws, of note is the fact the Act provides employees a new, statutory right to request accommodations for the purpose of participating in religious activities. Effective May 25, 2017, employers will be required to reasonably accommodate an employee’s religious practice.