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Colorado: Look for Local Minimum Wage Laws Enacted in 2020

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January 1, 2021

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HB19-1210 allows up to 10% of Colorado’s local jurisdictions to enact local minimum wage rates for individuals performing work while physically within the locality’s jurisdiction, which rates cannot increase by more than$1.75 or 15% annually, whichever is higher. Also, adjoining communities may join together to implement regional minimum wage rages. County minimum wages will only be applicable to the unincorporated areas of the county. Employee time spent traveling through a jurisdiction, or for stopping to refuel or for an employee’s personal meal or errands, is not subject to local minimum wage rates.

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Massachusetts: Commission-Only Workers Get Overtime

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May 8, 2019

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In Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court recently stated that retail salespeople who are paid entirely in commissions or draws are entitled to separate and additional overtime or Sunday pay. There, employees who worked more than 40 hours in a week and on at least one Sunday, did not receive any additional compensation beyond their daily draw and commissions. Even though the compensation received always equaled or exceed the minimum wage and overtime and Sunday pay rates, the court stated that this was insufficient. Overtime and Sunday pay laws, as well as Department of Labor Standards’ (DLS) opinion letters, supported its interpretation.

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Nevada: Legislature Defines “Health Benefits” for Lower-Tier Minimum Wage Rate

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January 1, 2020

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Senate Bill 192 recently passed defining “health benefits” for purposes of employers paying the lower-tier minimum wage. Specifically, employers may pay a lower tier minimum wage if they provide health benefits to employees. There has been some controversy over what “health benefits” means. Last year, in MDC Restaurants, LLC v. The Eighth Judicial Dist. Court, the Nevada Supreme Court stated that health benefits must be “at least equivalent to the one dollar per hour in wages that the employee would otherwise receive” for the higher-tier minimum wage, and cost the employer at least an additional dollar in wages.

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June Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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Arkansas: 2019 Legislative Employment Updates

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The Arkansas state legislature’s 2019 session ended on April 10, 2019 with several changes to employment-related laws. Key points are summarized below. All bills go into effect on July 23, 2019 unless otherwise stated.

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New Mexico: What’s New in New Mexico? A Lot of Employment Laws

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June 14, 2019 (Unless otherwise noted)

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New Mexico employers, brace yourselves: new employment laws are coming.  The state legislature has enacted a flurry of new laws that affect employment practices, covering a variety of areas like gender-neutral bathrooms, unions, health benefits, medical marijuana, and leave time.  Below is a summary of key provisions in these legislative updates.  Unless otherwise noted, all provisions will take effect on June 14, 2019.

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Maryland: Minimum Wage to Increase to $15 per Hour by 2025

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June 1, 2019

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The Maryland legislature recently overrode Governor Hogan’s veto of a minimum wage bill that will increase minimum wage to $15 per hour by 2025, and by 2026 for employers with 14 or less employees. HB 166/SB 280 raises minimum wage to $11 per hour on January 1, 2020, and then by $0.75 each year thereafter until it reaches $15 on January 1, 2025. Small employers will see annual increases of $0.60 each year until July 1, 2026. Workers under 18 years old, down from 20 years, are required to be paid at least 85% of the state minimum wage.

Additionally, employers who take a tip credit for tipped employees must provide employees with a wage statement each pay period showing their effective hourly tip rate “as derived from employer-paid cash wages plus all reported tips for tip credit hours worked each workweek of the pay period.”

Action Items

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Update tipped employee wage statements as required.
  4. Look for forthcoming tip credit wage statement regulations from the Commissioner.
  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

New Mexico: Minimum Wage Increase and Tip Pool Standards Revised

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January 1, 2020

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New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.

Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.

Action Items

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Review tip pooling procedures for compliance with the new rule.
  4. 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

April Updates

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This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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