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New York: Statewide Salary History Ban Goes into Effect

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January 6, 2020

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New York kicks off 2020 with a statewide salary history ban.  Like other similar laws, the new regulation is intended to address wage differentials attributed to gender.  Public and private employers alike are prohibited from asking applicants about prior salary history information (including compensation and benefits), or from seeking such information from other sources, verbally or in writing.  Additionally, employers are prohibited from relying on salary history information as a factor in determining whether or not to interview a candidate, or what salary level to offer.

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Nebraska: Employees are Permitted to Discuss Wages

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September 6, 2019

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LB 217 updated the Nebraska Fair Employment Practice Act (FEPA) to prohibit employer discrimination of employees who “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation” outside of working hours. This rule does not apply to employees whose job functions allow them access to this information and disclose it to someone who does not otherwise have authorized access to the information, except under limited circumstances. It also does not apply to employees who disclose such wage information to the general public or to the employer’s competitors.

The rule expressly states that employers are not required to disclose information regarding employee wages, benefits, or compensation. However, it also states that this information is not proprietary information. This means that employers should have their nondisclosure agreements reviewed by legal counsel to ensure they are compliant with the current rule.

Action Items

  1. Read the text of the bill here.
  2. Have employee handbooks and employer policies updated where applicable.
  3. Have nondisclosure agreements updated where applicable.
  4. Have managers trained on the new rule.
  5. 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.

© 2019 ManagEase

Cincinnati, OH: Salary History Inquiries Now Prohibited

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March 13, 2020

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On March 12, 2019, a new ordinance amended the Cincinnati, Ohio city code to make it unlawful for employers to ask job applicants about prior salary history or current earnings, among other provisions, with few exceptions.  Like other states and localities implementing similar prior salary history bans, this measure is intended to address discriminatory pay practices that are perpetuated by basing an applicant’s salary on historical compensation data.

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California: Employers May Prohibit Employees From Earning Vacation in Their First Year

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July 28, 2017

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Although California does not require an employer to provide employees with vacation benefits, employers who elect to do so are obliged to pay attention to a host of regulations.  For example, California forbids employers from causing employees to forfeit earned vacation time (e.g., by way of “use it or lose it” policies), because vacation benefits are considered a form of vested wages.  In a recent case, however, a California Court of Appeal stated that employers may prohibit employees from earning any vacation in their first year of employment, provided that the vacation policy is properly worded.

New York: Paid Family Leave Regulations Released

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January 1, 2018

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On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017.  The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.

Ninth Circuit States Employers Must Include Cash-in-Lieu of Benefits Payments in Overtime Calculation

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June 2, 2016

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Offering a flexible benefits plan is an oft-cited tool for organizations to improve employee satisfaction, recruitment, and retention.  However, employers should be very careful when designing benefits plans that permit cash-in-lieu of payments, as the City of San Gabriel discovered in a recent case.

Workplace Wellness Incentive Guidelines Update

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January 1, 2017

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Implementing a company wellness program can reduce overall health-related costs, such as reducing the amount of employee absences or lack of productivity due to illness.  It can also help retain and attract talent in a competitive market.  Given the positive impact on a company’s well-being, many employers are implementing wellness programs for employees.

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two Final Rules (“Rule(s)”) clarifying under what conditions employers can offer incentives for employee participation in workplace wellness programs, while also protecting employees from discrimination.  The two Rules apply to the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”).

How the Supreme Court’s Same-Sex Marriage Ruling Impacts Employers

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June 26, 2015

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On June 26, 2015, the closing of Obergefell v. Hodges resulted in a landmark decision by the U.S Supreme Court: same-sex marriages must be licensed and recognized by all states in the nation. Although 37 states had previously legalized same-sex marriage, the Supreme Court’s 5-4 decision will now have significant impact on the 13 states where same-sex marriage was not previously recognized.

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Preparing for New Paid Sick Leave Law – Notice and Record Requirements

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All California Employers

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June 10, 2015

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Many employers are aware that California’s new mandatory paid sick leave requires changes in their practices, but are not quite sure of the full extent of the requirements they must meet to be compliant with the law. With the July 1, 2015 deadline for employers to begin providing paid sick leave benefits fast approaching, employers should be aware of the regulations regarding posting, notice, and recordkeeping.

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EEOC Proposes Rule on Interpretation of ADA for Employer Wellness Programs

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April 20, 2015

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The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.

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