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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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May Updates

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This Short List addresses the following topics:
  1. EEO-1 Deadline Delayed to June 1, 2018
  2. IRS Issues Guidance on Family and Medical Leave Tax Credit
  3. Veteran Hiring Benchmark Lowered for 2018
  4. IRS Rolls Back 2018 HSA Contribution Limit Change
  5. U.S. DOL Launches Payroll Audit Pilot Program
  6. U.S. Supreme Court Settles FLSA Status of Car Dealership Service Advisors
  7. California: Staffing Agencies Need Not Police Meal Periods
  8. Emeryville, California: Minimum Wage Update
  9. Michigan: Local Governments Prohibited from Limiting Employer Interview Inquiries
  10. Nevada: Minimum Wage Will Not Change in 2018
  11. Pennsylvania: State Supreme Court Says “Actual Damages” Include Non-Economic Damages Under Whistleblower Law
  12. West Virginia: Employers May Not Prohibit Firearm Storage in Personal Vehicles

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Fourth Circuit: FLSA Lodging Credit Still Applies to Hours-Worked Agreements

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All Employers of MD, NC, SC, VA, and WV Employees

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January 25, 2018

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The FLSA requires employees to be paid for all hours worked, and permits employers and employees to agree on the number of hours worked when the employee lives on the employer’s premises, provided that the FLSA’s wage and hour requirements are followed (e.g., minimum wage, overtime paid, etc.). In Balbed v. Eden Park Guest House, LLC, the Fourth Circuit Court of Appeal stated that even when an employer and employee enter into a reasonable agreement of hours worked, the FLSA’s requirements for calculating the lodging credit are still enforceable.

West Virginia: New Civil Air Patrol Leave, Anti-Discrimination Provisions

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All Employers with 15+ WV Employees

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July 1, 2017

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Originally passed in April, Senate Bill 280—which implements an unpaid Civil Air Patrol Leave, among other new protections for members of the Patrol—went into effect as of July 1, 2017.  Employers should take note of the bill’s new leave and anti-discrimination provisions, and incorporate requirements into workplace policies and procedures accordingly.

West Virginia: Medical Marijuana is Here, but so is Greater Drug Testing Flexibility

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July 1 and 7, 2017

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West Virginia is the 29th state to legalize marijuana use in some capacity.  The West Virginia Medical Cannabis Act (“MCA”) permits individuals to use medical marijuana as part of treatment for select serious medical conditions, such as cancer, HIV or AIDS, multiple sclerosis, and so forth. The MCA does provide specific employment protections for certified medical marijuana users.  Employers concerned with maintaining a safe workplace will be relieved to know that the West Virginia legislature followed up the MCA with the West Virginia Safer Workplace Act (“SWA”), which provides employers corresponding flexibility in handling medical marijuana usage.

Fourth Circuit: Unique Six Factor Test to Determine Joint Employer Status

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January 25, 2017

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In Salinas v. Commercial Interiors Inc., the Fourth Circuit Court of Appeals recently established a unique six factor test for determining joint employer status that aligns with the Department of Labor’s broad interpretation of joint employer status, and rejected the more narrow “economic realities” test used in other circuit courts.

March Updates

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This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

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