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Maine: Recent Employment Updates

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September 17, 2019

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Maine enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Privacy Protections. Employers will be prohibited from requesting applicants’ Social Security numbers, unless used in the context of a pre-employment background screen or substance abuse testing.

Tip Pooling Clarified. Employers may only implement tip pooling among service employees, and provided that they do not violate the Fair Labor Standards Act (FLSA).

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North Dakota: Recent Employment Updates

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August 1, 2019

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North Dakota enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Volunteer Emergency Responder Leave. Covered leave now includes all volunteer members of the army or air national guard in any state, not just North Dakota.

Marijuana “Decriminalization”. North Dakota reduced penalties for first-time possession of up to a half ounce of marijuana to only a fine, not jail time. However, possession of larger amounts, repeat offenses, and sales or trafficking can still result in harsher sentences. The lessening of punishment for first-time offenders does not make marijuana legal; it merely treats the infraction more like a traffic ticket.

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Oregon: Recent Employment Updates

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As Indicated

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Oregon enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Immigration Enforcement Notice. As of June 6, 2019, SB 370 requires employers to notify employees within three business days of receiving a notice of inspection from a federal agency (e.g., USCIS, ICE) requiring the employer to provide access to employment eligibility and identity verification documents. The notice must be posted in a conspicuous place in English and the language the employer typically uses to communicate with employees, and attempt to distribute the notice to employees in their preferred language. The Bureau of Labor and Industries (BOLI) is required to issue a sample notice by the end of the year.

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Texas: Recent Employment Updates

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As Indicated

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Texas enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Discrimination Update. As of September 1, 2019, age-based discrimination protections now apply to people 40 years old and over, which was expanded from the previous range of 40 to 56 years olds.

Electronic Payroll Cards. As of September 1, 2019, employers may use electronic payroll cards to pay employees, provided they give employees written notice of the plan and any fees associated with it at least 60 days before the first electronic funds are paid. Employees must be allowed to opt out of the program, and employers must pay wages using the selected alternative payment method as soon as practicable but no later than 30 days after the employee submits the request.

Jury Service Protections. As of September 1, 2019, employers are prohibited from threatening, intimidating, or discharging any permanent employee based on their jury service. Additionally, an employee’s job position is protected if an employee provides notice as soon as practicable that they intend to return to work after jury service. Further, jury duty protections have been expanded to include service on a grand jury.

Action Items

  1. Have employee handbooks and policies updated where applicable, and train managers on the recent updates.
  2. 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

Washington: Recent Employment Updates

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July 28, 2019, unless otherwise noted

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Washington enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Domestic Violence Resources Poster. Employers must now post a Domestic Violence Resources poster in a conspicuous location.

Lactation Accommodations. Employers are required to provide reasonable break time for an employee to express breast milk for up to two years after birth each time the employee needs to express the milk. Employers must provide a private location, other than a bathroom, for lactation. If the business location does not have a lactation space, the employer must work with the employee to identify a convenient location and work schedule to accommodate their needs.

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