Posts

Westchester County, NY Enacts New Sick Leave Law

APPLIES TO

All Employers with Employees in Westchester County

EFFECTIVE

April 10, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On October 12, 2018, Westchester County adopted the Earned Sick Leave Law (ESLL) requiring private employers with 5 or more employees (or one or more domestic workers) to provide paid sick leave, and employers with 4 or less employees to provide unpaid sick leave. Key portions of the ESLL are described as follows:

November Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. Fourth Circuit: Back Pay Damages are Mandatory Under the ADEA
  2. California: Federal Department of Transportation Rules Preempts California Meal and Rest Period Requirements
  3. California: Announces Minimum Wage Rates for Certain Overtime Exemptions
  4. California: Cal/OSHA Revised Exposure for Citations and Issued Emergency Reporting Requirements
  5. California: PAGA May Not Apply to Construction Industry Employees Subject to Collective Bargaining Agreements
  6. New Jersey: Updates to Statewide Paid Sick Leave
  7. New York: Human Trafficking Informational Cards Required in Hotels
  8. New York: State Attorney General Releases FAQ on Non-Compete Agreements
  9. New York: Sexual Harassment Training Deadline Extended
  10. New York, NY: Revised FAQ for Paid Sick Leave Rules
  11. Pennsylvania: Illegal Sex Discrimination Interpreted to Include LGBT+ Components

Read more

September Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. The DOL Created a New Department to Support Employer Compliance
  2. OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms
  3. Federal Contractor Minimum Wage Increase for 2019
  4. Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements
  5. Eighth Circuit: USERRA Still Protects Employees Who Don’t Have Guaranteed Working Hours
  6. Ninth Circuit: Employers Can Prohibit Future Employment With Their Company
  7. California: Update to EDD Workplace Posting DE 1857A
  8. Massachusetts: Railway Unemployment Insurance Act Preempts Statewide Sick Leave
  9. New Jersey: New Bill Expands Ability to Claim Unemployment Insurance Benefits
  10. New Jersey: State and Federal Authorities Pledge Stronger Enforcement Against Misclassification
  11. New York City, NY: Anti-Sexual Harassment Poster and Fact Sheet Now Available
  12. South Carolina: Pregnancy Accommodations Poster Now Available
  13. Austin, Texas: The City’s Paid Sick Leave is On Hold – For Now
  14. Seattle, WA: New Employer Obligations for Domestic Workers

Read more

New York: Appellate Court Gives Gig Economy Business a Victory in Fight Against Claims of Independent Contractor Misclassification

APPLIES TO

Employers with NY Employees

EFFECTIVE

June 22, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In another victory for a “gig” economy business, delivery service coordinator, Postmates, successfully defended itself against a claim of independent contractor misclassification. In Matter of Vega, New York’s Third Department Appellate Court stated that a courier working in delivery services for Postmates’ food delivery service was correctly classified as an independent contractor for unemployment insurance purposes.

August Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. Coming Soon: Visa Denial or Expiration Will Mean Deportation for Foreign Nationals
  2. New Guidance for Determining Whether Registries are Employers of Nurses and Caregivers
  3. Ninth Circuit: No Meal Period Violations if Employees Volunteer to Stay Onsite for Discounted Meals
  4. California: Court States Neutral 15-Minute Rounding Policies Lawful
  5. California: New Law Protects Members of the Armed Forces While in Uniform
  6. California: New Safety Information for Housekeeping Employees
  7. Delaware: New Minimum Wage Increases and Exceptions
  8. New York, NY: New Mandatory Posting and Guidance Issued for Fair Workweek Law
  9. Pennsylvania: Minimum Wage for State Employees Increases to $12/Hour
  10. South Carolina: Required Pregnancy Accommodations Act Poster is Now Available

Read more

New York, NY: Employee Sexual Harassment Protections and Employer Obligations Expanded

APPLIES TO

Select Private Employers with New York, NY Employees

EFFECTIVE

May 9, 2018, September 6, 2018, and April 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On May 9, 2018, Mayor Bill de Blasio signed multiple bills into law providing greater employee protections against sexual harassment, and expanding employer obligations, as follows.

  • Effective May 9, 2018, Int. 657-A applied protections for gender-based harassment claims to all employees, regardless of employer size, where it previously only applied to employers with four or more employees.
  • Effective May 9, 2018, Int. 663-A extends the statute of limitations for filing an administrative claim with the New York City Commission on Human Rights (NYCCHR) for gender-based harassment from one to three years after the date the alleged harassing conduct occurred.
  • Effective September 6, 2018, Int. 630-A requires all employers to post an anti-sexual harassment rights and responsibilities poster in common areas employees gather, in both English and Spanish (other languages will be made available). Employers must also provide new hires with an information sheet on sexual harassment, to be made available by the NYCCHR. An equivalent of the information sheet may be included in an employee handbook.
  • Effective April 1, 2019, Int. 632-A requires employers with 15 or more employees to conduct annual sexual harassment training for all employees, supervisors, and interns who work more than 80 hours in a calendar year in New York City. The training must be provided after the first 90 days of hire. Employees who received training at a prior employer within the required training cycle are not required to receive training again at a new employer until the next cycle. Although the training may be given either in-person or online, the training must be interactive. Training content must comply with the similar, recently enacted New York state law, as well as the additional requirements set forth in Int. 632-A. Employers must keep records of employee trainings for at least three years, including a signed employee acknowledgment.

Action Items

  1. Post the anti-sexual harassment rights and responsibilities posters once they are made available by the NYCCHR.
  2. Implement procedures for tracking and providing sexual harassment training in advance of April 1, 2019.
  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.

© 2018 ManagEase

New York: Anti-Sexual Harassment Laws Significantly Expanded

APPLIES TO

All Employers with NY Employees

EFFECTIVE

Varies; See below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

With the state budget bill for the 2019 fiscal year comes a package of new anti-sexual harassment laws.  Recently signed on April 12, 2018, the provisions of these laws, their impact on the workplace, and their effective dates vary.  Below is a summary of the new regulations of which New York employers should be aware.

April Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. IRS Reduces Family HSA Contribution Limit for 2018
  2. Federal Spending Bill Prevents Employers from Skimming Employee Tips
  3. California: New Workplace Safety Rules for Hotel Housekeepers
  4. Colorado: Supreme Court Clarifies Statute of Limitations on Wage Claims
  5. New York: Guidance on New York Paid Family Leave Payroll Deductions

Read more

Second Circuit: Sexual Orientation Discrimination is Prohibited Under Title VII

APPLIES TO

All Employers with CT, NY, and VT Employees

EFFECTIVE

February 26, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Second Circuit Court of Appeals joins the Seventh Circuit in stating that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination. Historically, the circuit courts have not included sexual orientation as a protected status under sex discrimination, which is prohibited by Title VII, but the Second Circuit acknowledged that the social and legal landscape surrounding LGBT rights have evolved.

New York City, NY: Employees Must be Allowed to Make Limited Changes to Work Schedules

APPLIES TO

All Employers of New York, NY Employees

EFFECTIVE

July 18, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Piling on top of New York City’s many regulations controlling employee scheduling for fast food and retail services, a new law permits eligible employees of any industry to make two temporary schedule changes per year for personal events.  Specifically, Introduction No. 1399-2016 requires employers to allow eligible employees to make two temporary schedule changes per calendar year.  Unlike the Fair Work Week bills, the new regulations broadly cover nearly all industries.

To be eligible, employees must have completed 120 days of employment and work at least 80 hours per calendar year within New York City. Schedule changes must be allowed for certain personal events, including: (1) the need for a caregiver to provide care to a minor child or care recipient; (2) to attend a legal proceeding or hearing for subsistence benefits that the employee, a family member, or employee’s care recipient receives; or (3) any circumstance constituting permissible use of New York City safe or sick time. The regulations also have specific employee notice, employer response, and timing requirements. Employers should update schedule change procedures to avoid penalties for violation of this new regulation.

Action Items

  1. Review the text of the bill here.
  2. Have supervisors and managers trained on handling requests for temporary schedule changes.
  3. Implement processes to track employee usage of temporary schedule changes.
  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.

© 2018 ManagEase