Posts

Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries

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All Employers with IL Employees

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September 29, 2019

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HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers.  The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.

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Illinois: Expanded Protections for Organ Donors on Leave

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All Employers with IL Employees

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January 1, 2020

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Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847).  Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.

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New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws

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All Employers with NJ Employees

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August 6, 2019, unless otherwise noted

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New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.

Notice Requirement.  The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws.  Employers must provide this statement to all current employees and new employees at time of hire.

Failure to Maintain Records.  Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true.  Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.

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Washington: Domestic Violence Leave Law Amended to Include Safety Accommodations

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All Employers with WA Employees

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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:

Ninth Circuit: An Employer’s Attorney is Subject to FLSA Anti-Retaliation Rules

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

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June 22, 2017

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(888) 378-2456

In Arias v. Raimondo, the U.S. Court of Appeals for the Ninth Circuit stated that the anti-retaliation provisions of the Fair Labor Standards Act (“FLSA”) apply not only to employers, but to “any person,” including an employer’s attorney.