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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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Pennsylvania: New Overtime Rule Increases Exempt Salary Threshold

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On January 31, 2020, Pennsylvania’s Independent Regulatory Review Commission approved a final regulation that increases the exempt salary threshold, extending overtime eligibility to more workers. The final regulation includes annual increases in 2021 and 2022, with adjustments following every three years thereafter. The regulation will formally go into effect once approved by the state Attorney General.

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March Updates

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This Short List addresses the following topics:
  1. Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
  2. 10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
  3. California: Wage and Hour Concerns for Coronavirus
  4. California:  Emergency Wildfire Smoke Regulations Renewed Again
  5. Denver, CO: Anti-Discrimination Protections Expanded
  6. District of Columbia: Notice Requirements for Paid Family Leave
  7. Illinois: Guidance Issued on Sexual Harassment Requirements
  8. Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
  9. St. Louis, MO: Ban-the-Box in Effect for Private Employers
  10. New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
  11. New York: Statewide Salary History Ban FAQs
  12. New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
  13. Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
  14. Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

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Pennsylvania: Four Years Later, Paid Sick Leave Comes to Pittsburgh

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March 15, 2020

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The Pittsburgh Paid Sick Days Act was initially passed in August 2015, but met legal challenges that delayed its implementation until now.  The ordinance will finally go into effect on March 15, 2020.  The Mayor’s Office on Equity has published official guidelines on the Ordinance, detailing requirements for employers.  Below are key provisions of the ordinance.

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Third Circuit: Third Party Bonuses May Be Factored into the Regular Rate

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August 20, 2019

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In Department of Labor v. Bristol Excavating, Inc., the Third Circuit Court of Appeal stated that third-party bonuses may be required to be factored in the regular hourly rate for purposes of calculating overtime. The court said that the determinative factor is the agreement of “remuneration for employment” between the employer and employee, which must be reviewed on a case-by-case basis.

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Pennsylvania: Fluctuating Workweek Method of Overtime Pay No Longer Permitted

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November 20, 2019

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In Chevalier v. General Nutrition Centers, Inc., the Pennsylvania Supreme Court stated that employers may not use the fluctuating workweek (FWW) method of calculating overtime under state wage and hour law. The FWW allows employers to pay a fixed salary, regardless of the number of hours worked, and pay overtime at a half hourly rate for time worked over 40 hours in a week by dividing the fixed salary by the number of hours worked in a week. The idea is that employees already receive the first portion of the overtime rate in the fixed salary.

The Court stated that this method, although permitted under federal law, was not consisted with state wage and hour law, which requires that employees be paid for overtime “not less than one and one-half times” the employee’s regular rate. Employers must stop using the FWW method of calculating overtime and ensure that employees receive one and a half times the regular rate of pay for overtime hours worked.

Action Items

  1. Have payroll processes updated immediately.
  2. Review pay structures for compliance.
  3. Have payroll administrators trained on overtime calculations.
  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

September Updates

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This Short List addresses the following topics:
  1. REMINDER! EEO-1 Component 2 Reporting is Due September 30th
  2. DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
  3. 2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
  4. 9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
  5. New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
  6. Arizona: Mini-COBRA and Bona Fide Associations Updates
  7. California: Hairstyles Soon to Be Protected From Discrimination
  8. Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
  9. Florida: Unemployment Compensation Protections for Domestic Violence Victims
  10. Indiana: Direct Sellers are Exempt from Minimum Wage Rules
  11. Iowa: Enacts Negligent Hiring Protections for Employers
  12. Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
  13. Kansas City, MO: Enacts Salary History Inquiry Ban
  14. New Hampshire: Child Labor Hours Restricted
  15. New York: Paid Family Leave Benefit Schedule Update
  16. New York: Whistleblower’s Immigration Status is Protected
  17. Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
  18. Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
  19. Vermont: Expunged Records Make Criminal Convictions Vanish
  20. Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
  21. West Virginia: Effect of Expunged Criminal Convictions

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Pittsburgh, PA: Expanded Protections for Pregnant Workers – AND Their Partners

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March 15, 2019

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Over the last few years, more and more cities and states have increased anti-discrimination protections for pregnant workers, but the city of Pittsburgh has become one of the first in the nation to extend similar protections to the partners of pregnant employees.  This amendment to existing city code comes by way of a new ordinance unanimously passed by the Pittsburgh city council.

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Third Circuit: FAAAA Does Not Preempt State Independent Contractor Laws

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January 29, 2019

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In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeal stated that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit under state wage and hour laws for improper classification as independent contractors.

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Can Applicants Sue Over the Pre-Adverse Action Notice Requirement?

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September 6, 2018 and September 10, 2018

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Several Court of Appeal cases have come down recently on whether or not an applicant can sue an employer for failing to provide a pre-adverse action notice as required under the Fair Credit Reporting Act (FCRA). There is a split in the courts between the Ninth Circuit (applicants cannot sue) and Seventh Circuit (applicants can sue). More recently, the Third Circuit issued its own ruling.

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