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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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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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Washington: Salary History Inquiry Ban and Sexual Harassment Updates

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The Washington Legislature has enacted a number of laws over the past few months.  Below is a summary of legislative updates and key court decisions that impact employers.

Salary History Inquiry Prohibition

Yet another statewide salary history ban! Like Illinois and Nevada, the Washington legislature amended the state’s Equal Pay Act to prohibit salary history inquiries in an effort to promote fair pay practices.  As of July 28, 2019, employers may not seek salary history information from applicants, though employers are permitted to verify information voluntarily disclosed by the applicant, or after the employer has extended an offer of employment containing compensation.

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Connecticut: Sexual-Harassment Prevention Obligations Expanded, Including Training Requirements

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October 1, 2019, unless otherwise noted

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Public Act 19-16, also known as the “Time’s Up” bill, imposes quite a number of new obligations on employers in the battle against sexual harassment.  Most provisions go into effect as of October 1, 2019, unless otherwise noted.

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Oregon: Updates to Discrimination and Harassment Protections

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SB 726, also known as the “Oregon Workplace Fairness Act,” extends discrimination and harassment protections for employees. On October 1, 2019, the statute of limitations for discrimination, harassment, and retaliation claims will be extended from one to five years. On October 1, 2020, with limited exception, employee agreements cannot require confidentiality, nondisclosure, nondisparagement, no-rehire provisions, or similar restrictions that prevent employees from disclosing sexual harassment or discrimination. Similarly, golden parachute clauses in employment agreements may be voided if the employer determines through a “good faith investigation” that the employee engaged in discrimination that was a “substantial contributing factor” in the employee’s termination.

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New York, NY: New Sexual Harassment Prevention Training Video and FAQs Now Available

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April 1, 2019

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Last summer, the New York City mayor signed a packet of bills into law that greatly expanded employee protections and employer responsibilities with regard to sexual harassment prevention.  Among these bills was a new requirement to provide sexual harassment training to employees incorporating specified topics on an annual basis.  Training must be completed by December 31, 2019, although New York state regulations also contain a training requirement that must be fulfilled by October 9, 2019.

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Delaware: New Sexual Harassment Protections and Training Requirements

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January 1, 2019

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Governor Carney recently signed HB 360 implementing new sexual harassment protections and employee training requirements.

Who does the bill apply to? The bill applies to employers with 4 or more employees. It also applies to state employees, unpaid interns, applicants, joint employees, and apprentices.

What does the bill prohibit? The bill prohibits sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) it is explicitly or implicitly a term or condition of employment, (2) submission or rejection of such conduct is used as a basis for employment decisions, or (3) it has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

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Third Circuit: Employee’s Refusal to Report Sexual Harassment Does Not Bar Claims Against Employer

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July 3, 2018

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In Minarsky v. Susquehanna Cty., the Third Circuit Court of Appeal recently rejected the notion that an employee’s refusal to report sexual harassment automatically invalidated the employee’s harassment claim against the employer. There, the employee’s supervisor made unwanted sexual advances towards her and other women for years.  The supervisor was reprimanded for incidents involving other women, but no further action was taken against him.  In this case, the employee did not report her supervisor’s conduct for fear of losing her job.  The County later terminated the supervisor after discovering the persistent harassment of the employee. Subsequently, the employee sued.

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California: New Defamation Protections for Harassment Victims and Employers

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January 1, 2019

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Governor Brown recently signed AB 2770 into law allowing (1) current and former employers to inform prospective employers they would not rehire the employee based on the employer’s determination that the former employee engaged in sexual harassment, and (2) employees to report credible complaints of sexual harassment to current employers. By allowing such disclosures, alleged harassers are prohibited from suing sexual harassment victims and employers for defamation.

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