Rhode Island: Enacts Pay Equity Amendments with New Requirements, Effective 2023

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January 1, 2023

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Rhode Island’s existing Equal Pay Law will see some important updates effective January 1, 2023, incorporating new requirements for business owners. The new amendments seek to combat wage discrimination by refining wage differentials, increasing wage transparency, and prohibiting employers from relying on wage history information when making hiring decisions.

 

Wage differentials. Under the original Equal Pay Law, employers cannot discriminate in the payment of wages based on sex. The new statute amends this provision to prohibit employers from paying any employees less than another employee of another race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of origin where both employees perform comparable work. “Comparable work” is defined as substantially similar in skill, effort, and responsibility, and performed under similar working conditions. If a wage differential exists, employers must show the differential is based on an accepted factor. Permissible factors for differentials include things like a seniority or merit system, geographic location impacting cost of living, education, training, or experience.

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San Francisco, CA: Emergency Protections for Workers Who Test Positive for COVID-19

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September 11, 2020

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An emergency ordinance implemented September 11, 2020 now offers temporary protections to workers and job applicants who test positive for COVID-19, as well as those who are currently or have previously isolated due to COVID-19 symptoms or exposure.  These protections apply to workers or applicants within the geographic boundaries of San Francisco, inclusive of independent contractors who have performed at least 16 hours of work for the employer.

Under the emergency ordinance, employers are prohibited from taking adverse action (e.g., discharging or threatening to discharge, suspending, disciplining, reducing benefits, etc.) against workers who are absent, unable to work, or request time off from work due to a COVID-19 diagnosis, exposure, or past or present quarantine, regardless of whether or not the worker is eligible to take paid or unpaid leave under any employer, state, or federal benefit program.

Similarly, employers may not count absences or inability to work for COVID-19 related reasons in any disciplinary or other adverse employment actions.  On the other hand, an employer may not allow a worker who has experienced symptoms of or been confirmed to have a COVID-19 infection to return to work unless the worker is consistent with the Local Health Officer’s return-to-work guidance.

For applicants, employers are prohibited from rescinding an employment or contract offer based on COVID-19 related reasons. If an applicant cannot start work because of COVID-19 related reasons, the employer is expected to reasonably accommodate the applicant by scheduling a later start date.

This temporary ordinance expired 61 days after enactment, unless reenacted by the San Francisco Board of Supervisors.

Action Items

  1. Read the text of the emergency ordinance here.
  2. Train supervisor staff and hiring managers on the expanded protections for COVID-19 related absences.
  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.

© 2020 ManagEase

Executive Orders Ban New Foreign Workers; Align Federal Contracting Practices

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June 22, 2020 and August 3, 2020

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On June 22, 2020, the Trump Administration issued an Executive Order banning travel and admission of foreign nationals into the U.S. under certain nonimmigrant visa categories. Individuals who are already lawfully present in the United States prior to the implementation of the Order are not affected by this ban, nor individuals who hold a currently valid nonimmigrant visa.

Most U.S. embassies and consulates have already suspended routine visa services and restricted entry points into the U.S.  The effects of this travel ban will be most apparent once consulates reopen and resume issuing non-immigrant visas, as individuals abroad seeking H-1B, H-2B or H-4 visas (temporary workers), J visas (exchange visitors participating in education or certain child care industries), or L visas (intracompany transfers) will have visa applications refused.

The travel ban does not specify how extensions or changing of nonimmigrant status for individuals already present in the U.S. will be handled.  For example, an employer may still be able to file a petition to hire an H-1B worker presently working at another employer.

On August 3, 2020, another Executive Order was issued to align with the June 22nd Order, to support hiring U.S. citizens and green card holders. Specifically, the Order requires federal agencies to review 2018 and 2019 federal contracts to determine if they used temporary foreign labor or offshore labor for jobs that were once in the U.S., and whether doing so impacted opportunities for U.S. workers as well as any potential effects on national security. Federal agencies must issue a report of findings within 120 days to the Director of the Office of Management and Budget for review and who may recommend changes and presidential action if deemed necessary. There was also a call to action for the Departments of Labor and Homeland Security to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders within 45 days of the Order.

Action Items

  1. Consult immigration counsel if employing individuals or seeking to employ individuals with visas.
  2. Prepare for review of federal contracts and corresponding workforce, where applicable.
  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.

© 2020 ManagEase

U.S. DOL Issues Opinion Letters on Outside Sales, FLSA Exemptions, and Third-Party Wage Payments

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June 25, 2020

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The U.S. Department of Labor (DOL) issued five new opinion letters in late June 2020, addressing potential exemptions under the Fair Labor Standards Act (FLSA).  A summary of key concepts from these letters is listed below.

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August Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. EEOC Announces Mediation Program Expansion
  2. California: Unemployment Benefits Extended Up to an Additional 7 Weeks
  3. California: Updated Guidance During COVID-19
  4. Florida: Timeline to File Discrimination Claims Shortened
  5. Georgia: Unemployment Reporting for Part-Time Employees Not Mandatory
  6. Illinois: Guidance Issued on IDHR Disclosure Deadlines
  7. New Jersey: Arbitration Applies to Transportation Workers
  8. Pennsylvania: Expands Discrimination and Harassment Protections
  9. Philadelphia, PA: No Retaliation for COVID-19 Complaints
  10. Rhode Island: Clarifies When Employers May Terminate Employees for Refusing Drug Tests

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