On August 28, 2018, the Wage and Hour Division of the United States Department of Labor (“WHD”) issued four new opinion letters interpreting various aspects of the federal Fair Labor Standards Act (“FLSA”). In addition, the WHD has announced plans to analyze and consider changes to the FLSA’s white collar overtime exemption regulations applicable to … Continue Reading
Massachusetts Imposes One-Year Cap and Other Restrictions On Non-Compete Agreements The Massachusetts Noncompetition Agreement Act (see link, at Section 24L) (“MNAA”) effective October 1, 2018, places new restrictions on the length and applicability of non-compete agreements between employers and employees who work within the state of Massachusetts. (Note that the law defines employees to include … Continue Reading
New Jersey has joined nine other states in requiring employers to provide sick leave to their employees. On May 2, 2018, Governor Phil Murphy signed the New Jersey Paid Sick Leave Act, which requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees per year. Of note for … Continue Reading
On January 12, 2018, Maryland became the ninth state to require employers to provide employees with sick leave when lawmakers overrode Governor Larry Hogan’s veto. Barring action by the General Assembly to delay implementation of the law, the “Healthy Working Families Act” will go into effect on February 11, 2018.… Continue Reading
During the December lame duck session, the Ohio legislature passed SB 199. Among other things, the law provides that a business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed … Continue Reading
As 2016 draws to a close, our final state law round-up will provide information about minimum wage increases taking effect in 2017, some recent developments on the local sick leave law front, information about sick leave laws going into effect in January 2017, and other employment laws going into effect in January 2017. Employers with … Continue Reading
On Wednesday, October 25, Judge Marcia Crone of the US District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking most of the Fair Pay and Safe Workplaces (the so-called “blacklisting” rule) rule from taking effect. The rule, which we previously reported on here and here, requires federal contractors bidding on … Continue Reading
On Wednesday, September 28, 2016, the U.S. House of Representatives passed the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act [pdf], by a vote of 246 to 177. The Act would delay implementation of the Department of Labor’s Final Rule modernizing the Fair Labor Standards Act’s white‑collar exemptions from December 1, 2016 to June 1, 2017. … Continue Reading
On September 9, 2016, the United States Occupational Safety and Health Administration (“OSHA”) published new guidelines for approving settlements between employers and employees in whistleblower cases to ensure that those agreements do not contain terms that could be interpreted to restrict future whistleblowing. OSHA reviews settlements between employees and employers to ensure that they are … Continue Reading
Illinois passes two new leave laws; bars non-compete agreements for low wage workers. First, the Child Bereavement Leave Act, which became effective July 29, 2016, requires Illinois employers with 50 or more employees to grant up to two weeks (10 days) of unpaid leave to eligible employees who have lost a child (and 6 weeks … Continue Reading
The Obama Administration, together with the Equal Employment Opportunity Commission (EEOC) kicked the year off with a bang on the equal pay frontier, announcing a proposed rule that will revise the EEOC’s longstanding Form EEO-1. The proposed rule was published on the Federal Register website on February 1, 2016 and a public comment period was … Continue Reading
Today (June 22, 2016), Chicago’s City Council passed an ordinance requiring employers to provide paid sick leave to employees beginning on July 1, 2017. Mayor Emanuel spoke in favor of the ordinance following the Council’s vote, noting his “fervent wish” that the state of Illinois would follow suit and pass a statewide paid sick leave … Continue Reading
Minneapolis is the first city in the Midwest to jump on the sick leave bandwagon. On May 27, the Minneapolis City Council passed a sick and safe time ordinance that requires employers of employees working in Minneapolis to provide sick leave to those employees. Beginning July 1, 2017, employers of 1-5 employees must provide unpaid … Continue Reading
The wait is over. The US Department of Labor has released the long-awaited Final Rule modernizing the Fair Labor Standard Act’s (FLSA) white-collar exemptions. The good news, for those who have been following the development of the Final Rule, is that there are no big surprises. What are the changes? Expected to require employers … Continue Reading
Today (April 4, 2016) California Governor Jerry Brown signed SB 3, raising California’s minimum wage to $15 by 2023. Under that law, minimum wage in the state of California (currently $10.00 per hour) will increase as follows: Beginning date Small employer (1-25 employees) Large employer (26 or more employees) January 1, 2017 $10.00 $10.50 January … Continue Reading
Yesterday, Oregon Governor Kate Brown signed into law legislation that increases that state’s minimum wage from $9.25 to up to $14.75 by 2022, the highest of any state. The first increases go into effect on July 1, 2016. Under SB 1532 [PDF], minimum wage rates vary based upon the employer’s location, as set forth in … Continue Reading
The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors. As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading
Spokane, Washington has become the next city to pass a paid sick leave law. On January 26, 2016, the Spokane City Council overrode the Mayor’s veto of ORD C35300 [pdf] (originally passed by the Council on January 11). The new law will become effective on January 1, 2017. The law states that it applies to … Continue Reading
The beginning of 2016 is a busy year for New York employers. Both the state and New York City have enacted a variety of laws expanding protections for employees. Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading
As 2015 draws to a close, our final state law round-up will provide information about minimum wage increases taking effect in 2016, some recent developments on the local sick leave law front, and other issues to take note of heading into 2016. 2016 State and Local Minimum Wage Rates With the federal minimum wage still … Continue Reading
Early this week, the Pittsburgh City Controller’s Office launched a new section on its website containing resources for employers, including regulations, required postings, and an FAQ section regarding the city’s paid sick leave ordinance [pdf], passed in August. Under the ordinance, starting on January 11, 2016, employers must grant employees working in Pittsburgh 1 hour … Continue Reading
Yesterday (September 7, 2015), while most workers were celebrating Labor Day, President Obama signed an Executive Order mandating that private employers doing business with the federal government provide paid sick leave to those employees working under federal contracts. Under the Order, beginning January 1, 2017, all federal contractors and subcontractors must agree to grant each … Continue Reading
California employers, take note. Emergency legislation amending and clarifying certain provisions of the recently-effective Healthy Workplaces, Healthy Families Act was signed into law Monday (July 13) by Governor Brown, and went into effect immediately. Among other changes, AB 304 amends the Act as follows: Regarding accrual of sick leave: Provides that an employer may use … Continue Reading
For those (like me!) anxiously awaiting the Department of Labor’s (DOL) proposed overhaul of the exemptions to the Fair Labor Standards Act (FLSA), the wait is over. The proposed rule is now available on the DOL’s website (although it has not yet been published in the Federal Register). According to the DOL’s calculations, the proposed rule … Continue Reading
