Posted on August 16, 2019

New Law Becomes Effective Oct. 8

Beginning Oct. 8, 2019, New York state law will prohibit employers from paying different wages to employees solely because they belong to a protected class. This means that employers must pay the same wages to employees who perform substantially similar work. However, the law also allows wage differentials based on one of the following factors:

• A merit system;
• A seniority system
• A system which measures earnings by quantity or quality of production; and
• A bona fide factor other than status within one or more protected classes, such as education, training, or experience.

Protected classes in New York are groups based on the following characteristics:

• Age
• Color
• Creed
• Disability
• Domestic violence victim status
• Familial status
• Gender expression
• Gender identity
• Marital status
• Military status
• National origin
• Predisposing genetic characteristics
• Race
• Sex
• Sexual orientation

© 2019 HR 360, Inc.

Posted on August 15, 2019

New Law Becomes Effective Jan. 1, 2021

Enacted May 28, 2019, Maine’s earned employee leave law allows employees to earn paid leave that may be used for any reason. Effective Jan. 1, 2021, this law allows eligible employees to earn 1 hour of paid leave for every 40 hours worked, up to 40 hours per year.

The paid leave requirements apply only to employers with more than 10 employees. Employers with 10 or fewer employees and employers in seasonal industries are exempt. The law does not provide any carryover, employer notice, or posting requirements. However, the Maine Department of Labor is expected to adopt regulations that may contain additional requirements.

According to Maine Governor Janet Mills, this law will cover nearly 85% of Maine’s workforce.

© 2019 HR 360, Inc.

Posted on August 02, 2019

Expanded Definition Becomes Effective on Jan. 1, 2020

Employers in California are already prohibited from discriminating against individuals based on their race. 

However, in order to clarify what constitutes racial discrimination, the California legislature has added that racial discrimination also includes discriminating on the basis of traits and characteristics that are historically associated with race. These traits and characteristics include, but are not limited to, hair texture and “protective hairstyles,” such as braids, locks and twists.

© 2019 HR 360, Inc.

Posted on July 31, 2019

New Law Becomes Effective Jan. 1, 2020

Beginning Jan. 1, 2020, employers with 6 or more employees will need to provide reasonable accommodations to limitations an employee may experience because of the employee’s pregnancy, childbirth or related medical condition (including lactation). Employers will also be prohibited from denying employment opportunities to, taking adverse employment actions against, or in any manner discriminating or retaliating against applicants or employees based on these accommodations. An exception exists for employers if providing reasonable accommodations impose an undue hardship on the operation of the employer’s business. 

Reasonable accommodations include, but are not limited to: 

• Acquiring new equipment or modifying existing equipment
• Providing more frequent or longer break and rest periods
• Providing assistance with manual labor
• Modifying job assignments or work schedules

The new pregnancy accommodation law also requires employers to post signs that provide notice to employees of their rights and protections under this law. In addition to posting these signs in a conspicuous location, employers must also provide written notification of the law to: 

• New employees, at the time of hire;
• Existing employees, by June 29, 2020: and
• Any employee who informs the employer of her pregnancy, within 10 days of the date the employer receives this notification.

The law additionally bars employers from requiring employees to take leave if the employer can make reasonable accommodation.

© 2019 HR 360, Inc.

Posted on July 24, 2019

New Law Became Effective July 2

New Jersey has amended its medical marijuana law to protect employees from adverse employment actions if they use cannabis for a qualifying medical condition. 

In addition, the new provisions require employers with drug-testing policies to notify employees and job applicants who have positive test results for cannabis that:  

• They have the right to provide a legitimate medical explanation for the positive test result; or
• Request a retest at their own expense.  

This notice must be in writing. Employees and job applicants have 3 working days after receiving the written notice to exercise this right.

However, the Act does not require employers to accommodate medical marijuana use in the workplace or reimburse employees for its use. Similarly, the Act allows employers to take adverse employment action for the possession or use of intoxicating substances during work hours or on workplace premises outside of work hours. 

Finally, under the Act, employers are not required to take any action that would violate federal law or cause the employer to lose a license-related benefit, funding, or contract under federal law.

© 2019 HR 360, Inc.

Posted on July 23, 2019

A new law in Maine, effective Sept. 19, 2019, will require employers to allow veterans to take time away from work to attend a scheduled appointment at a medical facility operated by the United States Department of Veterans Affairs. 

Employers that provide paid leave must allow veteran employees to use this paid leave for the purpose described above. If no paid leave is available, employees are entitled to use unpaid leave. 

The new law requires employees to provide their employers with notice as soon as reasonably possible of their intent to use this leave.

© 2019 HR 360, Inc.

Posted on July 19, 2019

Expansion Allows Coverage Without a Deductible for Some Chronic Conditions

A new IRS notice expands the list of preventive care benefits that may be covered by a high deductible health plan (HDHP) without a deductible, or with a deductible below the minimum deductible for an HDHP. Except for preventive care benefits, an HDHP can pay for benefits only after the deductible has been reached.
 
The following treatments are those that have been newly classified as preventive care for the chronic conditions indicated:

• Angiostatin converting enzyme (ACE) inhibitors (for congestive heart failure, diabetes, and coronary artery disease);
• Anti-resorptive therapy (for osteoporosis and osteopenia)
• Beta-blockers (for congestive heart failure and coronary artery disease)
• Blood pressure monitors (for hypertension)
• Inhaled corticosteroids (for asthma)
• Insulin and other glucose-lowering agents (for diabetes)
• Retinopathy screening (for diabetes)
• Peak flow meter (for diabetes)
• Glucometer (for diabetes)
• Hemoglobin A1c testing (for diabetes)
• International normalized ratio testing (for liver disease and bleeding disorders)
• Low-density lipoprotein (LDL) testing (for heart disease)
• Selective serotonin reuptake inhibitors (SSRIs) (for depression)
• Statins (for heart disease and diabetes)

The change is effective immediately.  

© 2019 HR 360, Inc.

Posted on July 19, 2019

Employers Must Begin Collecting Employee Contributions By Feb. 1, 2021.

On June 25, 2019, Connecticut Governor Ned Lamont signed Public Act 19-25 into law, establishing a statewide paid family and medical leave program. This new paid family leave program will be funded through a mandatory payroll tax on employees of 0.5% of income, beginning in 2021.

Beginning in 2022, eligible employees may take up to 12 weeks of protected paid leave in a 12-month period for certain family and medical reasons. Employees who experience a pregnancy-related serious health condition that results in incapacity will be eligible for up to 14 weeks of paid family and medical leave.

Beginning July 1, 2022, employers must provide written notice to employees of their right to benefits under the law, both at the time of hiring and annually thereafter.

Employers should keep track of developments related to the new paid family and medical leave program. The law established the Paid Family and Medical Leave Insurance Authority (the Authority) to administer and enforce the paid family and medical leave program.

© 2019 HR 360, Inc.

Posted on July 11, 2019

Amendment Becomes Effective on Jan. 1, 2020. 

Oregon recently amended its Family Leave law to include donating a body part, organ, or tissue as a “serious health condition” that is covered by the law. This means eligible employees will be able to take a leave of absence under the law for purposes of donation, including preoperative or diagnostic services, surgery, post-operative treatment, and recovery.

© 2019 HR 360, Inc.

Posted on July 11, 2019

New Law Becomes Effective Jan. 1, 2020.

Beginning on Jan. 1, 2020, private employers with 50 or more employees in Nevada will be required to provide paid leave to all employees, except for temporary, seasonal and on-call workers. 

When this law becomes effective, employees will accrue 0.01923 hours of paid leave for every hour of work they perform. Employees will be able to use this paid leave for any reason and will be compensated at the wage rate they receive at the time they use their paid leave. Employees must notify their employers of their intent to use this leave as soon as practicable. 

Employers can limit the paid leave an employee can use to 40 hours during the year. However, employers may allow employees to carry over up to 40 hours of unused paid leave to the following year. The new law also requires employers to display a workplace poster that explains this new law to employees and to maintain a record of all accrued and used paid leave for 1 year. 

Click here for more information on Nevada’s paid leave.

© 2019 HR 360, Inc.

Posted on July 11, 2019

Employers Must Submit 2017 and 2018 Data by Sept. 30

The Equal Employment Opportunity Commission (EEOC) has announced that the online filing system for EEO-1 Component 2 data will be available for all filers July 15, 2019, when system login information will also be sent to employers via regular mail and email.

EEO-1 filers must submit Component 2 data (on compensation and hours worked) for calendar years 2017 and 2018 by Sept. 30, 2019. The web page for the filing system has been updated with employer FAQs and links to additional employer resources, such as a sample pay data collection form, an instruction booklet for filers, and a user’s guide. The EEOC has also set up a help desk, which may be reached at eeoccompdata@norc.org or 877-324-6214.

The EEO-1 filing requirement generally applies to private employers with 100 or more employees and certain federal contractors.

 

© 2019 HR 360, Inc.

Posted on July 09, 2019

New Law Takes Effect Jan. 1, 2020

On June 25, 2019, Illinois joined ten other states and the District of Columbia in legalizing recreational marijuana use. The Illinois Cannabis Regulation and Tax Act (CRTA), which becomes effective Jan. 1, 2020, will allow individuals age 21 and over to purchase, possess, use and grow limited amounts of marijuana for recreational purposes in the state.   

The CRTA also amends the state’s Right to Privacy in the Workplace Act to include marijuana as a “lawful product.” However, the law specifies that employers may still:  

• Ban marijuana from their workplaces; 
• Prohibit employees from being under the influence of marijuana while they are working or on call; and 
• Adopt “reasonable zero tolerance” or “drug free workplace” policies.

Employers in Illinois should become familiar with the CRTA and ensure they have compliant workplace policies in place, especially if they take adverse actions based solely on the fact that an individual tests positive for marijuana.

Click here for more information

© 2019 HR 360, Inc.

Posted on July 09, 2019

Two-Hour Requirement Becomes Effective Oct. 1

Beginning Oct. 1, 2019, Connecticut employers with 3 or more employees must provide 2 hours of sexual harassment training to all employees. Employees hired after October 1 are required to receive the training within 6 months of hire. Previously, training was required only for supervisors working for employers with 50 or more employees. 

The new law tasks the Connecticut Commission on Human Rights and Opportunities with developing official training materials employers can use to satisfy this requirement. 

Employers with fewer than 3 employees will need to provide this training to all supervisory employees by Oct. 1, 2020, and to all new supervisory employees within 6 months of assuming a supervisory position. 

Employers will be required to provide periodic supplemental training on sexual harassment at least every 10 years. 

The new law also contains a notice requirement.

© 2019 HR 360, Inc.

Posted on July 08, 2019

New Guidance and Proposed Regulations Expected

Among the issues addressed by President Trump’s June 24 executive order on health care transparency were expanding access to high deductible health plans (HDHPs) and flexible spending accounts (FSAs), as follows:

• Within 120 days of the order, the Treasury Department must issue guidance to expand patients’ ability to select HDHPs that can be used alongside health savings accounts (HSAs), and that cover low-cost preventive care, before the deductible, for medical care for chronic conditions.
• Within 180 days of the order, the Department must issue guidance to increase the amount of FSA funds that can be carried over at the end of the year.

Also within 180 days of the order, the Department is to propose regulations to treat expenses related to “certain types of arrangements, potentially including direct primary care arrangements and healthcare sharing ministries,” as eligible medical expenses under section 213(d) of the tax code, which concerns tax deductions for expenses related to medical care.

Click here to read these and other directives contained in the order.

© 2019 HR 360, Inc.

Posted on July 08, 2019

Smoking regulations now apply to all marijuana products. 

Oklahoma has amended its smoking laws to prohibit smoking or vaping marijuana products in public areas and workplaces. Click here for more information. 

© 2019 HR 360, Inc.

Posted on June 27, 2019

Hourly Rate to Reach $11 or $12 by 2024, Depending on Health Benefits Offered

Nevada has adopted a law that will increase its minimum wage rate to $12 per hour by 2024. The schedule below indicates the gradual increases that will lead to this new minimum wage rate, which begin on July 1, 2020. The minimum wage rate in Nevada varies depending on whether the employer offers certain health benefits. Click here for additional information.

Effective Date	Offers Health Benefits	Does NOT Offer Health Benefits
July 1, 2019	$7.25	$8.25
July 1, 2020	$8.00	$9.00
July 1, 2021	$8.75	$9.75
July 1, 2022	$9.50	$10.50
July 1, 2023	$10.25	$11.25
July 1, 2024	$11.00	$12.00

 

© 2019 HR 360, Inc.

Posted on June 26, 2019

New law becomes effective Sept. 1, 2019

Alabama has adopted a new law that prohibits employers from discriminating against job applicants who fail to provide a salary history.

The new law also prohibits employers from paying a different wage to employees based on their sex or race when they perform similar work, unless the difference is based on a system that accounts for seniority, merit, quantity or quality of production, or another differential not based on race or sex.

© 2019 HR 360, Inc.

Posted on June 21, 2019

New law becomes operative on October 1, 2020

On June 11, 2019, Oregon adopted a new law that will: 

• Require employers to adopt a written policy to prevent discrimination and sexual assault; and
• Prohibit employers from requiring employees or job applicants to sign agreements that prevent discussing or disclosing conduct that would be considered discrimination or sexual assault. 

The law also requires the Oregon Bureau of Labor and Industries (BOLI) to draft a model policy and procedures that employers can use to satisfy this requirement. Employers should monitor the BOLI website for a notification once these sample materials are published. 

Finally, the law also provides an exemption for employees who have been victims of discrimination or sexual assault. These employees can enter into limited non-disclosure agreements if specific conditions are met. Click here for more information.

© 2019 HR 360, Inc.

Posted on June 21, 2019

First Wage Increase Will be on Oct. 1, 2019

Connecticut has adopted a schedule to gradually increase the state’s minimum wage rate to $15 per hour by 2023. Because the law implements these changes over the next 5 years, the law also includes a provision that enables the state to adjust the increase schedule during times of decreased economic productivity in the state 

The employer’s share of wages for bartenders and other tipped employees in the hotel and restaurant industries will remain unchanged at $6.38 for hotel and restaurant staff, and $8.23 for bartenders, though employers will need to make up the difference if  these employees’ tips are not sufficient to meet the increasing minimum wage rates for the state.

© 2019 HR 360, Inc.

Posted on June 20, 2019

Employers must begin collecting contributions on Oct. 1, 2019.

Massachusetts has officially delayed by 3 months the implementation of the states paid family and medical leave law. Under the new law, employers must begin withholding contributions from employee earnings to fund this employee benefit on Oct. 1, 2019, instead of July 1, 2019. 

Similarly, employers will need to transfer these deductions to the state by Jan. 31, 2020 instead of Oct. 2019. To compensate for the 3-month delay, the state has also raised the contribution tax from 0.63% to 0.75% of an employee’s first $132,900 in wages. 

Employer notification requirements have also been extended from June 30, 2019 to Sept. 30, 2019. 

Finally, employers that offer paid leave benefits that equal or exceed those required by state law now have until Dec. 20, 2019 to apply for an exemption.

© 2019 HR 360, Inc.