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
Do you have employees in Massachusetts, Oregon, Los Angeles or Emeryville, California? Read on and get ready. Last week, the Oregon legislature passed a paid sick leave bill that is expected to be signed into law by Governor Kate Brown. The law would require employers with employees in Oregon to provide up to 40 hours … Continue Reading
In a decision issued on June 1 [pdf], the U.S. Supreme Court held that a job applicant alleging disparate treatment by a hiring employer only must show “that his need for an accommodation was a motivating factor in the employer’s decision,” and not that the employer had actual knowledge of the applicant’s need for a … Continue Reading
Over the Memorial Day holiday weekend, the DOL published updated FMLA forms. They were a little overdue as the prior FMLA forms available on the Department of Labor’s website expired on February 28, 2015. In any event, the updated forms, which are good through 2018, include the following: (All links are PDFs) Notice of Eligibility … Continue Reading
On May 18, the Supreme Court handed down a decision [pdf] in the case of Tibble v. Edison International, confirming that ERISA fiduciaries have a continuing duty to monitor and make prudent decisions regarding trust investments. Under ERISA, a fiduciary must discharge his or her responsibility with the care, skill, prudence and diligence that a … Continue Reading
Starting February 26, 2015, employers operating in the District of Columbia have a new regulation to contend with—the D.C. Amended Wage Theft Prevention Act (A20-426) (the “Act”). The Act, which amends several existing D.C. wage and hour laws, including the Living Wage Act, Minimum Wage Revision Act, Wage Payment and Wage Collection Law, and Accrued … Continue Reading
On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division issued a Final Rule revising the definition of spouse under the Family and Medical Leave Act (FMLA) so that eligible employees in legal same-sex marriages may take FMLA leave to care for their spouse or family member. Effective March 27, 2015, the term … Continue Reading
Maybe we should start calling it ‘chic’ leave, since it’s all the rage right now. Tacoma and Philadelphia are the latest municipalities to require private employers to provide employees with sick leave. They join three states (California, Connecticut and Massachusetts) and fifteen other municipalities (D.C.; Oakland and San Francisco, CA; East Orange, Irvington, Jersey City, … Continue Reading
