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August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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

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All Employers with Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

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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.

San Diego, CA Approves Paid Sick Leave and Minimum Wage Increase

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All Employers with San Diego, CA Employees

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No later than July 7, 2016

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NOTE: San Diego’s paid sick leave ordinance was amended shortly after becoming effective. Be sure to check out our Alert regarding the amended ordinance.

San Diego joins a number of other California cities in implementing its own paid sick leave and minimum wage ordinance.  The ordinance was approved by San Diego voters on June 7, 2016, and goes into effect once the election results are certified (expected to be no later than July 7, 2016).

San Diego’s paid sick leave expands upon the statewide paid sick leave (“PSL”) law in several areas. Key provisions of the PSL ordinance include:

Workplace Posting Deadlines for July 1, 2016

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July 1, 2016

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A number of minimum wage and/or specific paid sick leave ordinances go into effect in July, just one week away. Employers should check the table below for some imminent deadlines for workplace postings.

Ninth Circuit States Federal Rounding Regulation Does Not Require Employees to Gain or Break Even

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All Alaska, Arizona, California, Hawaii, Idaho,
Montana, Nevada, Oregon, and Washington Employers

EFFECTIVE

May 2, 2016

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The Ninth Circuit Court of Appeals stated in Corbin v. Time Warner Entertainment Advance/Newhouse Partnership (“TWEAN”) that the federal rounding regulation for timekeeping, versus actual time worked, does not require employees to gain or break even over each pay period.  Rather, the regulation is intended to calculate wages such that they average out over the long term.  In Corbin, an employee argued that he had wrongfully been deducted minutes of compensable time as a result of the rounding system.

June Updates

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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California Expands Laws Prohibiting Workplace Smoking

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All California Employers

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June 9, 2016

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On May 4, 2016, Governor Brown signed a number of bills that impact employees’ ability to smoke. Going into effect in just one month, these bills will require employers to review their smoking policies and potentially make significant changes to workplace procedures.

California Approves First Statewide $15.00 Minimum Wage in the Nation

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All California Employers

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January 1, 2017 and Annually

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On April 4, 2016, Governor Brown signed into law an annual, statewide minimum wage increase, which will ultimately result in a $15.00 minimum wage by January 1, 2022. The first increase will occur on January 1, 2017. Thereafter, wage increases will occur on January 1 of each year according to the table below. Smaller businesses of 25 or fewer employees will have an additional year to phase in.

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Los Angeles, CA Tentatively Approves Ordinance for Expanded Paid Sick Leave

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All Los Angeles, CA Employers

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Expected July 1, 2016

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The Los Angeles City Council voted 13-1 to approve a new ordinance that would expand Los Angeles employees’ paid sick leave rights.  Currently, the California statewide Paid Sick Leave Law requires employers to provide a minimum of 3 paid sick days to all employees.  The new ordinance doubles the statewide minimum, requiring Los Angeles employers to provide at least 6 days of paid sick leave.

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San Francisco, CA to Require 6 Weeks of Fully Paid Parental Leave

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All San Francisco, CA Employers of 20+ Employees

EFFECTIVE

Varies Based on Company Size

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Beginning January 1, 2017, San Francisco employers of 50 or more must begin providing a “Supplemental Contribution” alongside California’s Paid Family Leave program.  The current California Paid Family Leave program, which is worker-funded, provides employees up to 55% of their regular wages for 6 weeks, with a maximum cap of $1,129 per week.

San Francisco’s new bill requires employers to pay the employee up to the remaining 45% of their wages during the 6 week leave, equaling 100% of the employee’s gross weekly wage, when combined with the statewide benefit.  The Supplemental Contribution will be proportionately capped by reference to the state maximum weekly benefit.   In passing this legislation, San Francisco has become the first city in the United States to require fully paid parental leave.

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