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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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September Updates

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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

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August Updates

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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

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South Carolina: Employers Must Provide Pregnancy Accommodations

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All Employers with 15 or more SC Employees

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May 17, 2018 and September 14, 2018

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The South Carolina Pregnancy Accommodations Act (the “Act”), originally signed on May 17, 2018, imposes new accommodation requirements on employers of at least 15 or more employees.  Covered employers will be required to provide accommodations for needs related to pregnancy, childbirth, or other related medical conditions, with additional notice and posting requirements.  Although most of the provisions of the Act were effective immediately at time of signing, the effective date of the notice requirement was designated as September 14, 2018.

Reasonable accommodations.  Unless the accommodation imposes an undue hardship on business operations, employers are required to provide reasonable accommodations to employees for pregnancy-related conditions.  The Act provides examples of reasonable accommodations, including, but not limited to:

  • Providing a private place other than a bathroom stall for the purpose of expressing breast milk;
  • Providing seating, or allowing the employee to sit more frequently if job duties ordinarily require the employee to stand;
  • Providing more frequent or longer break periods;
  • Temporarily transferring the employee to a less strenuous position;
  • Restructuring or modifying job responsibilities to light duty;
  • Modifying work schedules.

The Act does not require employers to create new positions, compensate employees for more frequent or longer break periods, or hire new employees that the employer would not have otherwise hired.

Unlawful employment practices.  Employers are not permitted to take adverse action against an employee who requests or uses a reasonable accommodation related to pregnancy, childbirth or other related medical conditions, nor can an employer require an employee to take leave if a reasonable accommodation can be provided instead.  Finally, employers cannot require an employee or applicant to take an accommodation that the individual does not wish to accept, where the individual does not have a known limitation as a result of pregnancy or the accommodation is not necessary to perform the individual’s essential job duties.

New notice requirements.  Employers are required to provide written notice of an employee/applicant’s rights under the Act.  Such written notice must be distributed to all existing employees by September 14, 2018, and to all new employees at time of hire. The notice must also be conspicuously posted at the worksite in an area accessible to employees.  The South Carolina Human Affairs Commission is expected to provide a sample notice for employer use.

Action Items

  1. Look for the sample notice provided by the South Carolina Human Affairs Commission, and post/distribute to your workforce.
  2. Have employee handbooks and policy documents updated to include reference to employees’ right to a reasonable accommodation for pregnancy-related conditions.
  3. Have management trained on how to handle requests for accommodation.
  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

South Carolina: New Expungement Law Allows Applicants to Remove Minor Criminal Convictions

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All Employers with SC Employees

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December 27, 2018

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While South Carolina does not have its own statewide “ban-the-box” law, its legislature recently overrode the Governor’s veto and passed a new bill to expand the current expungement law.  This bill will allow individuals to more easily remove minor criminal convictions from their records.

Currently, individuals can expunge first-offense, low-level crimes carrying a sentence of 30 days or less after a period of good behavior.  The new law removes the first-offense requirement and permits multiple convictions arising from the same sentencing if they are “closely connected.”  In addition, first-offense simple drug possession and distribution crimes may be expunged.  Significantly, the expanded scope of the expungement law can be applied to offenses committed prior to the law’s passage.

Additionally, employers who do become aware of an expunged offense may not take adverse employment action against the applicant/employee on the basis of that knowledge.  Employers should refrain from seeking information about expunged offenses during the hiring process.

With the new law, employers will not be able to obtain information on applicants’ expunged offenses.  However, the law provides immunity to employers for administrative claims or lawsuits related to expunged convictions, offering a potential level of protection against negligent hiring, retention, or supervision claims.

Action Items

  1. Have hiring managers trained on the expanded scope of expungement regulations.
  2. 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

South Carolina: New Pregnancy Accommodations Act

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All Employers with SC Employees

EFFECTIVE

May 17, 2018

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On May 17, 2018, Governor McMaster signed the New Pregnancy Accommodations Act (HB 3865) into law, effective immediately, which prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. This includes failing or refusing to hire, bar, or discharge an employee/applicant from employment, denying employment opportunities based on a protected category or the need for reasonable accommodations, or requiring employees/applicants to accept an accommodation that they choose not to accept if they do not have a known limitation or it is unnecessary for the performance of their essential duties. Read more