Posted on April 25, 2018

Law Effective July 1, 2018

A new state law expands coverage of existing law to prohibit discrimination in wages on the basis of any protected class. Highlights of the law include the following.

Prohibited Employer Actions
Under the new law (applicable to employers of all sizes), an employer may not pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.

In addition, an employer who is paying a rate of compensation in violation of the new law may not reduce the compensation of any employee to comply with the law.

Exceptions
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority or merit system, among other exceptions. 

The law takes effect on July 1, 2018. Click here to read the new law, which includes additional exceptions.

Background
Current New Jersey law prohibits employers from discriminating in any job-related action, including (among other things) compensation and the terms, conditions, and privileges of employment on the basis of any of the law's specified protected categories (e.g., race, creed, color, national origin, nationality, ancestry, age, and sex).

© 2018 HR 360, Inc.

Posted on April 25, 2018

Certain Employers Must Submit Report

The U.S. Equal Employment Opportunity Commission (EEOC) has pushed back the deadline for required entities to submit their 2017 EEO-1 report to June 1, 2018. Previously, the deadline was March 31, 2018. As a reminder, private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more are generally required to file the EEO-1 report annually.

EEOC's EEO-1 website contains additional information on the EEO-1 report filing requirement.

© 2018 HR 360, Inc.

Posted on April 24, 2018

New Minimum Wage Rates Begin January 1, 2019

Redwood City, California has adopted a minimum wage ordinance. Under the ordinance, employers generally must pay employees at least the wage rates below for each hour worked within the geographic boundaries of Redwood City:

• Beginning January 1, 2019: $13.50 per hour.
• Beginning January 1, 2020: $15.00 per hour plus any increase for inflation.
• Beginning January 1, 2021 (and each January thereafter): increased for inflation.

The ordinance contains details on (among other things) notice, recordkeeping, and other effective dates. Click here for more information.

© 2018 HR 360, Inc.

Posted on April 23, 2018

New Law Effective October 13, 2018

Massachusetts has limited certain inquiries into criminal history.

Restricted Information
Among other things, employers with 6 or more employees are generally prohibited from requesting any information or using any job application to request a person's:

• Sealed or expunged criminal record; or
• Misdemeanor conviction where the date of the conviction or completion of any period of resulting incarceration, whichever date is later, occurred 3 or more years (a change from 5 or more years) before the date of the job application or request.

These provisions are effective October 13, 2018. Click here to read the law.

© 2018 HR 360, Inc.

Posted on April 19, 2018

New Rates for Small and Large Employers

Effective July 1, 2018, the minimum wage in Emeryville, California will rise to $15.00 per hour for small businesses (55 or fewer employees) and to $15.69 per hour for large businesses (56 or more employees). Paid sick leave requirements will remain the same.

Click here for more information.

© 2018 HR 360, Inc.

Posted on April 18, 2018

Certain Employers Must Use Checklist

Maine has released a sexual harassment training checklist, which certain employers must use to develop a sexual harassment training program.

Checklist
In accordance with a previous law, Maine has developed a compliance checklist covering the sexual harassment training requirements noted below in the "Background" section. Covered employers must use the checklist to develop a sexual harassment training program, and must keep a record of the training (including a record of employees who have received the required training) for at least 3 years. These requirements are currently in effect.

Background
In workplaces with 15 or more employees, employers must conduct a sexual harassment education and training program for all new employees within one year of commencement of employment that includes certain information. Employers must also conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes specific information. Click here (§ 3) for more details.

© 2018 HR 360, Inc.

Posted on April 17, 2018

State Expected to Produce Model Policy and Training Program

A new law requires employers in New York to adopt a sexual harassment policy and training program that meet certain standards. Details of the new requirements are presented below.

Model Policy
The state is expected to create and publish a model sexual harassment prevention guidance document and sexual harassment prevention policy. A basic outline of the model policy is available by clicking here (§ 201-g(1)(a)).

Every employer must adopt the model sexual harassment prevention policy or establish a policy that equals or exceeds the minimum standards provided by the state's policy. The policy must be provided to all employees in writing.

Training Program
The state is also expected to produce a model sexual harassment prevention training program. The program will be interactive and will contain certain required content (§ 201-g(2)).

Every employer must utilize the state's model sexual harassment prevention training program or establish a training program that equals or exceeds the minimum standards provided by the state's model training. The training must be provided annually to all employees.

These new requirements take effect October 9, 2018. The law also contains provisions on sexual harassment relating to non-employees (e.g., contractors). Click here (Subparts E and F) to read the law.

© 2018 HR 360, Inc.

Posted on April 17, 2018

Tax Credit Available for Tax Years 2018 & 2019

The Internal Revenue Service has released FAQs on the Paid Family and Medical Leave Tax Credit, which certain employers can soon claim based on wages paid to employees on family and medical leave. The tax credit is effective for tax years 2018 and 2019.

Among other questions, the FAQs answer:

• Which employers can claim the credit;
• How the credit is calculated; and
• How the credit impacts an employer’s deduction for wages paid.

Click here to read the FAQs.

© 2018 HR 360, Inc.

Posted on April 13, 2018

Change Aligns City Law with State Law

San Francisco has amended its "Ban the Box" law to prohibit employers with 5 or more employees from inquiring about, discussing, or requiring disclosure of an applicant's conviction history until after a conditional offer of employment. This amendment—effective October 1, 2018—will align the city's law with California's "Ban the Box" law. However, until October 1, 2018, San Francisco continues to prohibit employers with 20 or more employees from inquiring about, discussing, or requiring disclosure of an applicant's conviction history until after the first live interview—whether conducted in person or by phone or videoconference—or a conditional offer of employment is made.

Click here to read the amended law.

© 2018 HR 360, Inc.

Posted on April 10, 2018

Cooks & Dishwashers Can Now Participate in Certain Tip Pools

The U.S. Department of Labor (DOL) has released guidance clarifying federal law on tip pooling. The guidance was issued in response to a federal law that amended the federal Fair Labor Standards Act's (FLSA) tip pooling rules. The DOL guidance states that:

1. Employers are prohibited from keeping tips received by their employees, regardless of whether the employer takes a tip credit against the minimum wage for its employees.
2. Federal regulations no longer prohibit tip pooling when employers pay tipped employees at least the full federal minimum wage and do not claim a tip credit.
3. Employers who pay at least the full federal minimum wage are no longer prohibited from allowing employees who are not customarily and regularly tipped—such as cooks and dishwashers—to participate in tip pools. However, managers and supervisors are prohibited from participating in tip pools.

However, employers should remember that some states have different rules concerning tip pools and tip credits. When there are differences between state and federal laws in this area, the law more favorable to the employee generally applies.

Click here to read the DOL guidance.

© 2018 HR 360, Inc.

Posted on April 04, 2018

Law Effective July 1, 2018

Virginia has amended its mini-COBRA law to exclude covered employees terminated for gross misconduct. Additional details are presented below.

Amended Law
Effective July 1, 2018, mini-COBRA is not available to an individual whose eligibility for coverage under the group policy ceased because the individual was discharged for gross misconduct.

Gross misconduct means any conduct connected with the individual's work that would constitute misconduct under Virginia unemployment law, including deliberately and willfully engaging in conduct that demonstrates a complete disregard for the employer's workplace standards and policies. Click here for more.

Background
Virginia generally requires employers to provide the right to continue coverage for up to 12 months when a person becomes ineligible for coverage under a group health insurance policy. Mini-COBRA is only applicable to employers that are not subject to federal COBRA (generally those with fewer than 20 employees). Click here for more, including details on eligibility.

© 2018 HR 360, Inc.

Posted on April 04, 2018

2017 Employer Annual Reporting Form Now Available

Employers covered by San Francisco's Health Care Security Ordinance (HCSO) and/or the Fair Chance Ordinance (FCO) are required to submit the 2017 Employer Annual Reporting Form to the Office of Labor Standards Enforcement by April 30, 2018.

Coverage
Employers may determine whether they are required to submit the form by filling out this survey. Employers who were not covered by the HCSO or the FCO in 2017 will be directed to a page indicating that they do not need to submit the form. Covered employers will be directed to the appropriate online form.

Covered employers should review the instructions before beginning the online form. A PDF preview of the form is also available.

Click here for additional resources on the reporting requirement.

For more information on the HCSO and FCO, employers may visit the city's website.

© 2018 HR 360, Inc.

Posted on April 03, 2018

Service Advisors May Not Be Exempt Under State Law

The U.S. Supreme Court has ruled that service advisors—employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions—are exempt from the federal Fair Labor Standards Act (FLSA) overtime pay requirements. Previously, the U.S. Department of Labor and a federal appellate court held that a service advisor did not fall within the FLSA's overtime pay exemption category as a "salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles." However, employers of service advisors are reminded that these employees may still be eligible for overtime pay under state law.

Click here to read the U.S. Supreme Court's opinion.

© 2018 HR 360, Inc.

Posted on March 29, 2018

Law Effective July 1, 2018

A new law in Virginia expands certain National Guard employment protections (i.e., leave, reemployment, and nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia.

Expanded Protections
The new law extends National Guard employment rights (concerning leaves of absence; reemployment; and employment nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia. Prior to July 1, 2018, such rights extend only to members of the Virginia National Guard and the Virginia Defense Force, and to residents of Virginia who are members of the National Guard of another state.

The new law takes effect July 1, 2018. Click here to read the text of the law.

Background
Virginia law provides the following protections to members of the Virginia National Guard or Virginia Defense Force and to Virginia residents who are members of the National Guard of another state, upon being called to active duty:

• The right to take leave from work without pay and not be forced to use or exhaust vacation or other accrued leave for a period of active service.
• Upon being released from active duty, restoration of the member to the previously held position or a comparable position (i.e., like seniority, status and pay, if the position exists). 

Additionally, employers are prohibited from discriminating against a member of the Virginia National Guard (or Virginia Defense Force or a Virginia resident who is a member of the National Guard of another state) who applies, or has an obligation, to perform active duty on the basis of that membership, performance of service, application for service, or obligation.

Click here (§§ 44-93.2 – 44-93.4) to read the unamended law.

© 2018 HR 360, Inc.

Posted on March 28, 2018

IRS.gov Offers Many Easy-to-Use Online Tools

With the April 17 federal income tax deadline fast approaching, the Internal Revenue Service (IRS) is reminding taxpayers that they can find most answers to their tax questions by taking advantage of the wide variety of easy-to-use online tools available on IRS.gov.

The IRS's many online tools allow taxpayers to get answers to tax questions, prepare and file their taxes, or check the status of their tax refund. Notably, taxpayers get the same answers on IRS.gov as if they'd called and spoken with an IRS representative, and they can print out the answers to keep for reference and their records. In addition, many IRS tools are available in Spanish.

Click here to access the IRS's online tools.

© 2018 HR 360, Inc.

Posted on March 21, 2018

Updated Employee Calculator Available

New York has updated two provisions of its paid family leave guidance regarding deductions from employees' wages and voluntary coverage. Highlights of the changes are presented below.

Wage Deductions
The 2018 payroll contribution is 0.126% of an employee’s weekly wage and is capped at an annual maximum of $85.56. If an employee earns less than the New York State average weekly wage ($1,305.92 per week), he or she will have an annual contribution amount less than the cap of $85.56, consistent with his or her actual weekly wages.

Click here for a calculator that provides an estimate of weekly employee deductions.

Voluntary Coverage
A self-employed individual who has employees must obtain paid family leave coverage for such employees. The self-employed individual must opt in for both disability and paid family leave benefits and cannot opt in for only paid family leave.

Click here for additional information.

Background
New York has enacted a paid family leave policy, which is being phased into effect beginning January 1, 2018. It applies to employers of all sizes. When the law is fully phased-in over the next several years, employees will be eligible for 12 weeks of paid, job-protected leave when certain life events occur.

Click here for more information about the law.

© 2018 HR 360, Inc.

Posted on March 21, 2018

Certain Events Trigger 30 or 60-Day Special Enrollment Periods

Under HIPAA, certain events that happen to employees or their dependents trigger a right to "special enroll" in a group health plan. Special enrollment allows individuals who previously declined health coverage to enroll in coverage outside of a plan's open enrollment period.

An employee and his or her dependents must be provided at least 30 days to request special enrollment in a group health plan because of:

• Loss of eligibility for other coverage, such as coverage from a spouse's employer;
• Termination of employer contributions toward other health coverage; or
• Certain life events, including marriage, birth, adoption, or placement for adoption.

 An employee and his or her dependents must be provided at least 60 days to request special enrollment in a group health plan because of:

• Loss of coverage under a state Children's Health Insurance Program (CHIP) or Medicaid; or
• Determination of eligibility for premium assistance under CHIP or Medicaid.

Group health plans must make all employees eligible to enroll in the employer's group health plan aware of their special enrollment rights at or before the time an employee is initially offered the opportunity to enroll in the plan by distributing a Notice of Special Enrollment Rights. A downloadable model notice from the U.S. Department of Labor (DOL) is available here (scroll to page 2 of the PDF—marked as page 138). Please note that the DOL's model notice does not discuss the 60-day special enrollment period requirement mentioned above.

© 2018 HR 360, Inc.

Posted on March 21, 2018

Withholding Begins July 1, 2018

Oregon has released forms for employers regarding its new statewide transit tax.

Forms
The following forms for employers are now available:

• Form OR-STT-1, Oregon Quarterly Statewide Transit Tax Withholding Return 
• Form OR-STT-2, Statewide Transit Tax Employee Detail Report 
• Form OR-STT-A, Oregon Annual Statewide Transit Tax Withholding Return 
• Form OR-STT-V, Oregon Statewide Transit Tax Quarterly Payment Voucher and Instructions

Click here for additional forms and resources, including transit tax guides and calendars.

Background
On July 1, 2018, employers must start withholding the tax (one-tenth of 1%) from the wages of Oregon residents (regardless of where the work is performed) and nonresidents who perform services in Oregon.

Oregon employers are responsible for withholding the tax from employees' wages; reporting taxes withheld on a quarterly or annual return; remitting taxes withheld quarterly or annually; and reconciling quarterly or annual reports on the annual reconciliation return. Click here for specific details and deadlines.

© 2018 HR 360, Inc.

Posted on March 19, 2018

Large Employers and Contractors Must File EEO-1 Report

As a reminder, certain employers must submit their 2017 EEO-1 reports to the U.S. Equal Employment Opportunity Commission (EEOC) no later than March 31, 2018.

Background and Reporting Requirements
The EEO-1 report is a compliance survey that requires private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more to categorize their employment data by race/ethnicity, gender, and job category.

A sample copy of the EEO-1 form and instructions are available here. EEOC's EEO-1 website contains additional resources on the requirement.

© 2018 HR 360, Inc.

Posted on March 16, 2018

Law Expected to Take Effect June 7, 2018

Washington has passed a "Ban the Box" law. Highlights of the law are presented below.

Prohibited Employer Actions
An employer may not include any question on any job application, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant's criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.

Once the employer has initially determined that the applicant is otherwise qualified, the employer may inquire into or obtain information about a criminal record.

An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited.

An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position.

Exemptions
Certain employers are exempt (§ 4) from these prohibitions, including employers who are expressly permitted or required under federal or state law to inquire into or consider information about an applicant's or employee's criminal record for employment purposes.

The law is expected to take effect on June 7, 2018. Additional provisions are contained in the text of the law.

© 2018 HR 360, Inc.