Posted on May 23, 2019

Employers Must Provide Wage Information to Applicants

Washington has adopted a new law, effective July 28, 2019, that prohibits employers from seeking information about an applicant’s wage or salary history. The prohibition also bans employers from requiring that an applicant’s wage or salary meet certain criteria.

However, employers are still allowed to confirm an applicant’s wage or salary history if the applicant makes a voluntary disclosure or after the employer has negotiated and made an offer of employment—with compensation—to the applicant. 

In addition, upon request, employers must tell applicants the minimum wage or salary for the position the applicant is applying for. Similar information must be provided upon request to employees offered internal transfers or promotions. 

Click here for more.

© 2019 HR 360, Inc.

Posted on May 20, 2019

New Law Effective July 1, 2019

Florida has amended its smoking laws to prohibit vaping, as well as smoking (which was already prohibited), in enclosed indoor workplaces. As with smoking, the vaping amendment allows employers to post vaping restrictions. New signs may indicate “NO SMOKING OR VAPING.”

In addition, the proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding vaping prohibitions. 

 

© 2019 HR 360, Inc.

Posted on May 20, 2019

New Law Effective July 27, 2019 

Beginning July 27, 2019, Arizona employers with 1-19 employees that offer a fully insured group health insurance plan will be required to comply with the state’s mini-COBRA law. Currently, the mini-COBRA requirement applies to employers with 1-20 employees. Click here for more information on the requirement. 

© 2019 HR 360, Inc.

Posted on May 14, 2019

Employees Permitted 2 Hours of Voting Leave

On May 6, 2019, Oklahoma amended its voting leave law to require employers to allow employees 2 hours of leave to cast their ballots on the day of an election or on a day legally designated as an absentee voting day.

The new law retains an anti-retaliation provision for employees that use this leave and a provision that allows employers to modify their employee’s shift to start 3 hours before or after the polls close or open. It also prohibits employers from reducing an employee’s pay for using voting leave.

The amended law also retains the provision that requires employees to notify their employers of their intention to use voting leave at least 3 days in advance.

© 2019 HR 360, Inc.

Posted on May 14, 2019

$15.59 Per Hour is New Minimum Wage Rate

Starting July 1, 2019, the minimum wage rate in San Francisco will increase to $15.59 per hour. The new rate will apply to any adult or minor who works two or more hours per week. The city has also published a new poster for employers to display. 

Click here for more.

© 2019 HR 360, Inc.

Posted on May 06, 2019

Employers Must Meet Sept. 30 Deadline

The U.S. Equal Employment Opportunity Commission (“EEOC”) is advising employers subject to the EEO-1 filing requirement to begin preparing to submit Component 2 data (on compensation and hours worked) for calendar years 2017 and 2018, by September 30, 2019.
 
The EEOC expects to begin collecting the Component 2 data for calendar years 2017 and 2018 in mid-July 2019, and will notify employers of the precise date the survey will open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.
 
For more information, please contact the EEOC. 

© 2019 HR 360, Inc.

Posted on May 03, 2019

Law Effective June 14, 2019

Under a new law, effective June 14, 2019, New Mexico employers are generally prohibited from taking an adverse employment action against an applicant or employee based on conduct allowed under the state medical marijuana law.

However, an employer may prohibit or take adverse employment action against an employee for use of (or being impaired by) medical cannabis on the employment premises or during employment hours. Click here for more.

Additional requirements and exceptions to the information above may apply. For more information, please contact the New Mexico Department of Health.

© 2019 HR 360, Inc.

Posted on May 03, 2019

Law Effective June 14, 2019

Under a new law, New Mexico employers generally may not inquire about an applicant’s arrest or conviction history on a written or electronic employment application. However, employers may take an applicant's conviction into consideration after review of his or her application and upon discussion of employment with him or her.

The law is effective June 14, 2019. Click here for more.

Additional requirements and exceptions to the information above may apply. For more information, please contact the New Mexico Human Rights Bureau.

© 2019 HR 360, Inc.

Posted on April 30, 2019

Law Expected to Take Effect September 17, 2019

Under a new law, Maine employers are generally prohibited from using or inquiring about a prospective employee’s compensation history from him or her or a current or former employer.

However, if an employment offer that includes all terms of compensation has been negotiated and made to the prospective employee, then the employer may inquire about or confirm the prospective employee's compensation history. Click here for more.

The law is expected to take effect September 17, 2019 (90 days after legislative adjournment).

Additional requirements and exceptions to the information above may apply. For more information, please contact the Maine Department of Labor.

© 2019 HR 360, Inc.

Posted on April 25, 2019

Important Information for California Employers

In 2018, California passed new sexual harassment prevention training requirements that impact California employers with 5 or more employees. To clear up misconceptions regarding those requirements, here is a quick summary:

Between January 1, 2019 and January 1, 2020, employers with 5 or more employees must provide:

• At least 2 hours of sexual harassment prevention training to all supervisory employees within 6 months of their assumption of a supervisory position.
• At least 1 hour of sexual harassment prevention training to all nonsupervisory employees within 6 months of their assumption of a nonsupervisory position.

After January 1, 2020, employees must be retrained once every 2 years. That means that all employees statewide must be retrained by January 1, 2022.

Click here for additional information on these requirements. 

 

© 2019 HR 360, Inc.

Posted on April 24, 2019

Law Effective June 14, 2019

Under a new law, all New Mexico employers that provide employees with sick leave will generally be required to permit them to use the leave to care for family members, effective June 14, 2019. The law does not require employers to provide sick leave to their employees.

For more information, please contact the New Mexico Department of Workforce Solutions.

© 2019 HR 360, Inc.

Posted on April 12, 2019

Certain Compliance Deadlines Adjusted

Westchester County, NY has released new guidance on its sick leave law. The guidance clarifies that:

• Under the law, employees generally begin accruing sick leave at the commencement of their employment or July 10, 2019, whichever is later. Previously, employees were set to begin accruing leave at the commencement of their employment or April 11, 2019, whichever was later.
• At the commencement of an employee's employment or by July 10, 2019, whichever is later, employers must provide each employee a copy of the sick leave law and a written notice. Previously, employers were to satisfy these requirements at the commencement of the employee's employment or by April 11, 2019, whichever was later.

Click here for more information.

© 2019 HR 360, Inc.

Posted on April 10, 2019

Requirement May Become Effective March 1, 2020

Under a new law, New Jersey employers with 20 or more employees will soon be required to offer pre-tax transportation benefits to their employees. A general summary of the law is provided below.

When Will the Requirement Become Effective?
March 1, 2020 or upon the effective date of rules adopted by the state, whichever occurs first.

Which Employers Are Covered?
Generally employers with 20 or more employees.

Which Employees Are Covered?
Generally all employees.

What Are Pre-Tax Transportation Benefits?
Pre-tax transportation benefits allow employees to deduct certain commuter transportation costs—including commuter rail costs—from their gross income on a pre-tax basis. However, these benefits must be offered in a manner consistent with the provisions and limits of federal law.

For more information, contact the New Jersey Department of Labor and Workforce Development at 609-659-9045.

© 2019 HR 360, Inc.

Posted on April 09, 2019

New Law Currently in Effect

As a result of a new law, New York employers must provide 3 hours of paid voting leave to their employees for any election. Additionally, employees must notify their employers of their need for time off to vote at least 2 working days before Election Day.

Previously, employers only had to provide voting leave if their employees had insufficient time outside working hours to vote, and employers only had to pay for 2 hours of voting time. Additionally, employees previously had to notify their employers of their need for time off to vote at least 2 but not more than 10 working days before Election Day.

The new law is currently in effect.

© 2019 HR 360, Inc.

Posted on April 04, 2019

Additional Increases Scheduled

As a result of a new law, New Mexico employers will generally experience the following minimum wage increases:

• Beginning January 1, 2020: $9.00 per hour ($2.35 per hour for tipped employees).
• Beginning January 1, 2021: $10.50 per hour ($2.55 per hour for tipped employees).

Furthermore, beginning January 1, 2020, employers generally must pay certain students a minimum wage rate of $8.50 per hour.

Additional increases are scheduled for future years. Click here for further details.

© 2019 HR 360, Inc.

Posted on April 04, 2019

Employers Must Make Deductions and File Reports

Massachusetts has released guidance explaining upcoming employer requirements for the state’s Paid Family and Medical Leave (PFML) law. According to the guidance, starting July 1, 2019, employers should begin:

• Making deductions from wages and other earnings to fund quarterly contributions to the state, which will be submitted through the MassTaxConnect system beginning in October 2019.
• Preparing for quarterly reporting of gross wages or other payments (all employers will be required to file quarterly reports through MassTaxConnect beginning in October 2019).

Click here for more information and requirements, including the required poster. As a reminder, benefits under the PFML law begin in 2021.

© 2019 HR 360, Inc.

Posted on April 01, 2019

Additional Increases Scheduled

As a result of a new law, Maryland employers with 15 or more employees generally will experience the following minimum wage rate increases:

• Beginning January 1, 2020: $11.00 per hour.
• Beginning January 1, 2021: $11.75 per hour.
• Beginning January 1, 2022: $12.50 per hour.
• Beginning January 1, 2023: $13.25 per hour.
• Beginning January 1, 2024: $14.00 per hour.
• Beginning January 1, 2025: $15.00 per hour.

Maryland employers with 14 or fewer employees generally will experience the following minimum wage rate increases:

• Beginning January 1, 2020: $11.00 per hour.
• Beginning January 1, 2021: $11.60 per hour.
• Beginning January 1, 2022: $12.20 per hour.
• Beginning January 1, 2023: $12.80 per hour.
• Beginning January 1, 2024: $13.40 per hour.
• Beginning January 1, 2025: $14.00 per hour.
• Beginning January 1, 2026: $14.60 per hour.
• Beginning July 1, 2026: $15.00 per hour.

Additionally, effective June 1, 2019, an employer may pay an employee 85% of the state minimum wage if the employee is under 18 years old (currently, for this lower rate, the employee must be under 20 years old and the lower rate is only allowed for the first 6 months of employment).

The tipped minimum wage remains unchanged; however, the new law contains additional requirements for certain employers of tipped employees. Click here for more information.

© 2019 HR 360, Inc.

Posted on March 08, 2019

Proposal Subject to Change

The U.S. Department of Labor (DOL) is proposing to change the minimum salary that administrative, computer, executive, professional, and "highly compensated" employees must receive in order to be exempt from overtime pay under federal law. Under the proposal:

• The minimum salary required for an administrative, computer, executive, or professional employee to be exempt would increase from $455 to $679 per week.
• The total annual compensation required for "highly compensated employees" to be exempt would increase from $100,000 per year (including at least $455 per week) to $147,414 per year (including at least $679 per week).
• Employers would be able to count certain bonus and incentive payments (including commissions) toward a portion of the salary level.

Though this proposal is still subject to change, the DOL currently anticipates changes to the salary levels to become effective in January 2020.

© 2019 HR 360, Inc.

Posted on February 22, 2019

Law to Apply to Employers with 30 or More Employees Anywhere Worldwide

Beginning June 30, 2019, the New Jersey Family Leave Act will apply to employers with as few as 30 employees anywhere worldwide, down from the current 50-employee threshold. As a result of this change, employers with 30 or more employees anywhere worldwide will be required to provide up to 12 weeks of family leave in a 24-month period to employees in New Jersey that have worked:

• For the covered employer for 12 months; and
• At least 1,000 hours for the covered employer during the previous 12 months.

Beginning June 30, 2019, covered employees that experience the following life events will generally qualify for family leave:

• The birth, adoption, or foster placement of a child.
• The need to care for a family member with a serious health condition.

© 2019 HR 360, Inc.

Posted on February 11, 2019

Disclosures Due Within 60 Days of Beginning of Plan Year

Employers that offer prescription drug coverage to Medicare-eligible individuals via a calendar-year plan generally must complete an online disclosure to the Centers for Medicare and Medicaid Services (CMS) by March 1. This disclosure must report whether the coverage offered is "creditable," meaning it is expected to pay, on average, as much as the standard Medicare prescription drug coverage. Employers that offer creditable coverage via a non-calendar-year plan must also comply with the disclosure requirement within 60 days of the beginning of the plan year.

Click here to complete an online disclosure. For more information on the disclosure requirement, click here.

© 2019 HR 360, Inc.