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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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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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New York: Court Decision Results in New Challenges with the Frequency of Pay Law

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September 10, 2019

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In Vega v. CM & Associates Construction Management, LLC, the Appellate Division of the New York Supreme Court stated that employers may be liable to pay liquidated damages for wage claims surrounding a failure to pay manual workers timely.

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Second Circuit: Trafficking Victims Protection Act Creates a Civil Remedy for Immigrants Lawfully in the Country as Temporary Guest Workers

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All Employers of CT, NY, and VT Employees with Temporary Work Authorization Status

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July 25, 2019

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In Adia v. Grandeur Management and Raja Younas, the 2nd Court of Appeal stated that immigrants could bring a civil lawsuit against employers who violate the Trafficking Victims Protection Act (TVPA). Forced labor under the TVPA can occur when a person knowingly obtains labor by abuse or threat, or by a pattern or scheme to cause belief that, if labor is not performed, there would be serious harm or physical threat.

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New York: Expanded Workplace Protections for Victims of Domestic Violence

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November 18, 2019

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New York has enacted legislation that broadens the definition of “victim of domestic violence” in order to be consistent with the state’s Domestic Violence Protection Act. The New York State Human Rights Law (NYSHRL) defines victims of domestic violence to include those over the age of 16, any married person, or any parent with a child in a situation where either the parent or child is a victim of a qualifying act by a family or household member in violation of the penal code (such as assault, harassment, sexual abuse, stalking, etc.). The qualifying act must result in, or create a substantial risk of, physical or emotional injury to the person or their minor child.

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New York: Implements More Stringent Data Security Requirements for Employers

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March 21, 2020

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In order to combat breaches of security placing personal information at risk, the state of New York implemented the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which requires businesses to implement safeguards for the private information of New York residents, and expands notification requirements when a breach occurs. The SHIELD Act is quite broad and can apply to any employer who maintains private information of New York residents, even those outside the state.

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New York, NY: Human Rights Law Expanded Again

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October 13, 2019

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The New York City Council expanded their existing harassment legislation, once again. This latest revision will ensure that freelancers and independent contractors are protected by the New York City Human Rights Law. The previous law applied to employers that employed four or more employees and allowed them to file complaints with the New York City Commission on Human Rights when they faced harassment or discrimination based on race, religion, gender, or another protected class. The amendment expands this coverage to businesses that employ or engage at least four employees or independent contractors, combined.

Action Items

  1. Have harassment policies updated.
  2. Have managers trained on the new requirements.
  3. 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 York: Get Ready for Expansive State Discrimination Law Reforms

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The New York legislature recently passed an omnibus bill that will amend a number of existing laws, greatly expanding the state’s expansive workplace harassment and discrimination protections.  In addition, the amendments will cover all New York employers of any size. Governor Cuomo is expected to sign the bill shortly. Key changes are noted as follows.

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New York: Tax Credit for Hiring Recovering Substance Abusers

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January 1, 2020

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The state budget for 2020 includes an Employer Recovery Hiring Tax Credit. Specifically, employers will receive a credit of up to $2,000 for each person in drug abuse recovery it employs, including in full-time and part-time positions. Eligible employees are those who have worked a minimum of 500 hours for the employer, have a substance use disorder, are in a state of wellness without signs and symptoms of active addiction, and have completed a course of treatment or are being treated for the substance use disorder.

To be certified for the tax credit, employers must provide a recovery-supportive environment for their employees evidenced by a formal working relationship with a state-certified, local recovery or treatment provider. Employers must also apply for the credit by January 15th each year for credits claimed in the previous year. Applications for the first year of the tax credit are due by January 15, 2021 for credits claimed during the 2020 tax year. A tax credit certificate will be issued by March 31st if approved.

Action Items

  1. Review Part W of Bill No. S1509-C
  2. Have substance abuse policies reviewed for coordination with hiring recovering substance abusers.
  3. Prepare for implementing recovery-supportive procedures and application deadlines.
  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

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NYC – Pregnancy Accommodations at Work Posting

The NYC Human Rights Law requires all employers with four or more employees to provide reasonable accommodations for employees related to pregnancy, childbirth, and related medical conditions, among other requirements.

One of these requirements is for employers to provide written notice of employees’ rights under the law. The below Posting and Fact Sheet are provided by the NYC Commission on Human Rights and satisfies that posting requirement.