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New Jersey: Final Regulations for Statewide Paid Sick Leave Now Available

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January 6, 2020

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The New Jersey Department of Labor and Workforce Development recently released a 53-page document providing final regulations and enforcement guidance on the statewide Earned Sick Leave Law (ESLL).  The final regulations do not make any substantive changes to the ESLL, but rather provide responses and clarification to concerns expressed during the public comment period of the proposed regulations.

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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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February Updates

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This Short List addresses the following topics:
  1. IRS Mileage Rates for 2020
  2. Fair Chance Act Now Applies to Federal Contractors and Agencies
  3. ACA “Cadillac Tax” Repealed
  4. California: Employer Fails to Provide Legal Business Name on Wage Statement
  5. Michigan: Paid Sick Leave and Minimum Wage Update
  6. New Jersey: Medical Marijuana is a Reimbursable Medical Expense
  7. New York: Tipped Workers in Some Industries Must Soon be Paid Full Minimum Wage
  8. New York: Companies Must Report Number of Women on Boards of Directors
  9. New York: Farm Laborers Fair Labor Practices Act on Temporary Hold

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December Updates

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This Short List addresses the following topics:
  1. 2020 Minimum Wage Increases for Federal Contractors
  2. Second Circuit: Sexual Harassment vs. Sex Discrimination
  3. Third Circuit: Blue Penciling Noncompete Agreements is Okay
  4. Sixth Circuit: Statute of Limitations Cannot be Shortened for Title VII Cases
  5. Ninth Circuit: Home Care Workers’ Overtime Rule Retroactive Effective Date Applied
  6. Tenth Circuit: FLSA Applies to Workers in Cannabis Industry
  7. California: Calculating Meal and Rest Premiums Clarified
  8. California: Mandatory Service Charges May be Gratuities
  9. Bernalillo County, NM: PTO Start Date Moved Up
  10. New York: Reproductive Health Decisions Protected
  11. New York City, NY: Guidance on National Origin/Immigrant Status-based Discrimination
  12. Oregon: Don’t Retaliate – Even After Termination
  13. Columbia, SC: Criminal and Salary History Inquiries Banned
  14. San Antonio, TX: Paid Sick Leave on Hold – Again

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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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California: AB 5 Cements the Dynamex Independent Contractor Test

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January 1, 2020

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In 2018, in Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court set forth an ABC test for determining when an individual is an independent contractor rather than an employee for wage and hour-related claims. Specifically, the Court stated that a workers is presumed to be an employee unless the business proves: (A) the worker is free from control and direction of the hirer in connection with the performance of the work, based in contract and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. The previous Borello standard was left in place for determining independent contractor status for non-wage and hour claims.

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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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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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Dallas, TX: All Employers Are Required to Implement Paid Sick Leave

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All Employers with Dallas, TX Employees

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August 1, 2019

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Beginning August 1, 2019, Dallas employers with six or more employees will be required to provide paid sick leave (PSL) to employees; employers’ with five or less employees will be required to comply with the new rules beginning August 1, 2021.

  • Who is Eligible? Employees who perform at least 80 hours of work within the City of Dallas in a year, including work performed through a temporary or employment agency. Independent contractors are not eligible.
  • How is PSL earned? Employees must receive one hour of PSL for every 30 hours worked, accruing in one hour unit increments (unless an employer’s written policy states that accrual is in increments of a fraction of an hour). PSL begins accruing at the commencement of employment.
  • How much PSL must be provided? Employers with more than 15 employees at any time in the preceding 12 months must provide employees with at least 64 hours of PSL per year, and employers with 15 or less employees must provide employees with at least 48 hours of PSL per year.
  • How can PSL be used? Employers may restrict employees from using PSL during the employee’s first 60 days of employment if the employer establishes that the term of the employment is at least one year. PSL can be used for the employee’s health care, for a family member’s health care, or in connection with the employee or family member being a victim domestic abuse, sexual assault, or stalking.
  • What documentation can be requested? An employer can adopt reasonable verification procedures for the reason for taking PSL for absences of more than three consecutive work days. However, employers may not require an employee to explain the nature of the reason for taking PSL.
  • Must PSL be carried over? Accrued, unused PSL must carry over to the following year, except where the total PSL is frontloaded at the beginning of each year.
  • What are the notice and documentation requirements? Employees must make a “timely request” for PSL before their scheduled work time, unless PSL is needed for an unforeseen qualified absence. Employers must provide a statement of employees’ available PSL at least monthly. If the employer maintains an employee handbook, a notice of employee’s rights and remedies must be included. Employers are required to post PSL requirements in a conspicuous place where notices to employees are customarily posted.
  • Must PSL be reinstated on rehire? Employees rehired within six months of termination must have their earned PSL available at the time of termination reinstated upon rehire.

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Westchester County, NY Enacts New Sick Leave Law

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April 10, 2019

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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: