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April Updates

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This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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October Updates

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This Short List addresses the following topics:
  1. U.S. Department of Labor Issues Updated FMLA Forms
  2. EEO-1 Reporting Deadline Still March 31st
  3. NLRB: E-Verify Enrollment is a Mandatory Subject of Bargaining
  4. IRS Updates Paid Family Leave Tax Credit
  5. Sixth Circuit: Educational Institution’s Investigation Procedures Challenged in Title IX Case
  6. Seventh Circuit: Potential Back Pay in Hostile Work Environment Claims
  7. Ninth Circuit Affirms DOL Guidance on “20% Rule” for Tipped Employees
  8. California: IMPORTANT – Update on How Split Shifts Are Paid
  9. San Francisco, CA: Update Fair Chance Ordinance Notice/Poster
  10. New York: Home Care Workers’ “13-Hour Rule” is Invalid

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San Francisco, CA: Important Dates for San Francisco’s Minimum Wage, Sick Leave and Pay Parity Ordinances

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June 7 and July 1, 2018

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San Francisco is home to a bevy of local ordinances controlling minimum wage, paid sick leave, and pay parity, among others.  Though these ordinances have been in place for some time, each has new guidance or important updates that are effective within the next two months.

San Francisco, CA: Updates to San Francisco’s Ban-the-Box Ordinance

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October 1, 2018

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San Francisco has amended its Fair Chance Ordinance for restrictions on employee criminal history inquiries. Effective October 1, 2018, the Fair Chance Ordinance will now apply to employers with 5 or more employees, rather than the currently stated 20 or more employees. Additionally, employers will be prohibited from making pre-employment conviction history inquiries until after a conditional offer of employment, to bring the Ordinance in line with current California requirements.

Of particular note, employers will be prohibited from inquiring about or requiring disclosure of convictions of decriminalized behavior, including convictions for the non-commercial use and cultivation of marijuana, regardless of when they occurred. California employers are already prohibited from inquiring about certain non-felony marijuana convictions that are more than two years old. This departure from state requirements will mean that employers need to carefully reexamine background check procedures to ensure compliance with the local Ordinance.

Action Items

  1. Have background check procedures reviewed and revised consistent with the Ordinance amendments.
  2. Have hiring personnel trained on updated requirements.
  3. Have applicable policies and documents, such as employment applications, offer letters, etc., updated to reflect changes to the Ordinance.
  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

San Francisco, CA: New Ordinance Regarding Breastfeeding; Salary History Inquiries Prohibited

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January 1 and July 1, 2018, respectively

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San Francisco employers should be aware of two new ordinances that impact workplace practices.  The Lactation in the Workplace Ordinance and the Parity in Pay Ordinance impose new obligations on employers and their managing staff.  Key provisions of each ordinance are described below.

Reminder: San Francisco 2016 Employer Reporting Deadline is May 1, 2017

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May 1, 2017

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Employers subject to San Francisco’s Health Care Security Ordinance and Fair Chance Ordinance must file the 2016 Employer Annual Reporting form by May 1, 2017 to satisfy their reporting requirements.  The Reporting form also includes a survey for compliance with San Francisco’s Paid Parental Leave for Bonding with New Child Ordinance.  Covered employers are subject to a $500 penalty per quarter for failure to submit the form.  The Reporting form can be obtained here.

San Francisco, California: Important Amendments to Paid Parental Leave Ordinance

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All Employers with 50+ San Francisco, CA Employees

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January 1, 2017

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Earlier this year, we reported on San Francisco’s bill requiring 6 weeks of fully paid parental leave.  The Paid Parental Leave Ordinance (“PPLO”) was recently amended to provide clarity on an employer’s obligations for supplementing compensation.

San Francisco, CA to Require 6 Weeks of Fully Paid Parental Leave

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All San Francisco, CA Employers of 20+ Employees

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Varies Based on Company Size

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Beginning January 1, 2017, San Francisco employers of 50 or more must begin providing a “Supplemental Contribution” alongside California’s Paid Family Leave program.  The current California Paid Family Leave program, which is worker-funded, provides employees up to 55% of their regular wages for 6 weeks, with a maximum cap of $1,129 per week.

San Francisco’s new bill requires employers to pay the employee up to the remaining 45% of their wages during the 6 week leave, equaling 100% of the employee’s gross weekly wage, when combined with the statewide benefit.  The Supplemental Contribution will be proportionately capped by reference to the state maximum weekly benefit.   In passing this legislation, San Francisco has become the first city in the United States to require fully paid parental leave.

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