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April Updates

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This Short List addresses the following topics:
  1. IRS Issues HSA-Compatible High Deductible Health Plan Guidance in Response to COVID-19
  2. San Francisco, CA: New Minimum Compensation Ordinance Rates Effective July 1
  3. New Jersey: Enforcement Guidance Released on Statewide Equal Pay Act
  4. New York: Workers on Strike Can File for Unemployment After Just Two Weeks
  5. Pittsburgh, PA: Revised Guidelines for Local Paid Sick Leave Available
  6. Utah: Private Employers Need Not Accommodate Medical Marijuana
  7. Virginia: Hairstyle, Type and Texture Protected from Racial Discrimination

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Washington: Salary History Inquiry Ban and Sexual Harassment Updates

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The Washington Legislature has enacted a number of laws over the past few months.  Below is a summary of legislative updates and key court decisions that impact employers.

Salary History Inquiry Prohibition

Yet another statewide salary history ban! Like Illinois and Nevada, the Washington legislature amended the state’s Equal Pay Act to prohibit salary history inquiries in an effort to promote fair pay practices.  As of July 28, 2019, employers may not seek salary history information from applicants, though employers are permitted to verify information voluntarily disclosed by the applicant, or after the employer has extended an offer of employment containing compensation.

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Alabama: New Pay Equity Law Prohibits Retaliation Related to Wage History Inquiries; Adds Equal Pay Provisions

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September 1, 2019

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The newly enacted Clarke-Figures Equal Pay Act (CFEPA) is Alabama’s first statewide pay equity law, and goes into effect on September 1, 2019.  The CFEPA takes its cues from the federal Equal Pay Act, but also includes provisions commonly seen in other state-level pay equity laws designed to combat discriminatory pay practices.

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New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

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March 31, 2019

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A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements.  According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

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Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

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

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April 9, 2018

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In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential.  Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.