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October Updates

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This Short List addresses the following topics:
  1. OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
  2. Ninth Circuit: ERISA Claims May be Arbitrated
  3. California: PAGA-only Claims May Not Seek Unpaid Wages
  4. Petaluma, CA: Minimum Wage Increases on January 1, 2020
  5. Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
  6. Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
  7. New Jersey: Hairstyles are Protected under the Law Against Discrimination
  8. Bernalillo County, NM: Enacts Wellness Act
  9. New York: Hairstyles are Protected under the State Human Rights Law
  10. Toledo, Ohio: Salary History Inquiries Banned
  11. South Carolina: State Supreme Court Abolishes Common Law Marriage
  12. Dallas and San Antonio, TX: Paid Sick Leave Update

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IMMEDIATE UPDATE: Massachusetts Extends Deadlines for Paid Family Medical Leave Again!

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June 13, 2019

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Governor Baker recently signed an emergency bill changing key deadlines for the Paid Family Medical Leave law (PFML). Specifically, employers were required to start withholding employee contributions for PFML on July 1st, and submit first quarter contributions by October 31st. Now, with a three-month extension enacted, employers must begin payroll withholdings as of October 1, 2019, and contributions will be due January 31, 2020. This change was to allow businesses sufficient time to implement the PFML program.

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Massachusetts: Paid Family and Medical Leave Deadlines Extended and Notices Issued

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May 1, 2019

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In July 2018, Massachusetts signed H. 4640 – also called the “grand bargain” – into law, which included implementation of a state-mandated paid family and medical leave program starting January 1, 2021.  To prepare for rollout of this program, employers were required to provide their workforce notice of the new leave by May 31, 2019.  The Massachusetts Department of Paid Family and Medical Leave (PFML) recently extended two pending deadlines: (1) written notice to employees of their rights under the PFML must be provided by June 30, 2019; and (2) companies can file an application for a private plan exemption up to September 20, 2019. The PFML program is funded through an employee payroll tax with a supplementary amount paid by employers.

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