State & Federal Employment Law Updates

URGENT CA: Fraudulent Labor Law Poster Inspections

It has come to our attention an individual or individuals are approaching local businesses impersonating agents performing labor law poster inspections. As a part of this apparent scam, fines are being threatened for non-compliant posters and payment is being demanded on site. According to your local labor commissioner’s office, their agents will NEVER ask for …

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Colorado Alert: New Overtime and Minimum Pay Provisions Take Effect March 16

[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado workers eligible for overtime pay and mandated breaks. As …

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New California Overtime Laws for AG Workers

As of January 1, 2019, recent state legislation has changed overtime eligibility for California workers in the agricultural industry. Under the former Wage Law Order No. 14, agricultural laborers receive overtime rates after 10 hours in a day or after 6 days in a workweek. The new bill, known as AB 1066 or the Phase-In Overtime for Agricultural …

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2019 Federal & State Minimum Wage Update

The following states do not allow a Tip Credit: Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington. Please be aware that there may be updates and changes to these rates made by the agencies throughout the year. Parties remain independently responsible for determining whether their wages are in compliance with federal and state law. Therefore, …

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CA LAWlert: New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims, significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered …

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AZ LAWlert: Arizona Minimum Wage Increase, Effective January 1, 2019

The Arizona minimum wage is set to go to $11 an hour, up from $10.50, on January 1. As a result of voters passing Proposition 206, the Fair Wages and Healthy Families Act, in 2016. An effort to lock in the statewide minimum at $10.50 and repeal the Act’s paid sick time requirement failed to …

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CA UPDATE: California Governor Jerry Brown Signs Law Updating Sexual Harassment Training Requirements

On the heels of New York State’s first deadline for new anti-harassment laws, California Governor Jerry Brown signed Senate Bill 1343 into law on September 30, 2018. SB 1343 amends certain sections of the California Fair Employment and Housing Act so that employers must provide harassment prevention training to all employees. Previously, California employers of …

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URGENT NY UPDATE: New York State and NYC Implements Sexual Harassment Laws

New York State and New York City have passed sweeping laws aimed at preventing sexual harassment in the workplace and limiting the use of mandatory arbitration and non-disclosure provisions in resolving sexual harassment claims. These new protections, which are now law in New York State and New York City, will require New York employers to revise …

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WA UPDATE: Washington State Paid Family Leave Law

DEDUCTIONS EFFECTIVE 1-1-19 BENEFITS EFFECTIVE 1-1-20 All Washington employers must provide paid family and medical leave under a bill signed by Gov. Jay Inslee on July 5. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent payroll tax. Payroll deductions will begin on Jan. 1, 2019, …

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URGENT CA EMPLOYERS: California Supreme Court Rules Employers Must Pay Workers for Off-the-Clock Duties

Starbucks and other employers in California must pay workers for the minutes they spend on work-related duties before and after they clock out, the California Supreme Court decided Thursday, July 25, 2018. The court held in a unanimous decision that workers should be paid for off-the-clock work tasks, such as setting a store alarm, locking …

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URGENT CA UPDATE: California Cities Minimum Wage Increase Update

In recent years many cities and municipalities in California have established their own minimum wage rates.Here is a list of the current 2018 rates along with the previous 2017 rates. The following California cities have minimum wage increases, effective July 1, 2018: Belmont, CA: Minimum Wage of $12.50 per hour. Emeryville, CA: Minimum Wage of …

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2018 Federal and State Minimum Wage Rates

What is the minimum wage for 2018? The minimum wage rate is the lowest hourly pay that can be awarded to workers, also known as a pay floor. Under the FLSA, non-exempt employees must be paid the minimum wage or higher. The following information includes current state and federal minimum wage rates, exceptions, and scheduled …

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Nevada’s Domestic Violence Leave Law: Effective January 1, 2018

Effective January 1, 2018 Nevada’s Senate Bill 361 requires all Nevada private employers to provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking. Summary The new law covers all Nevada private employers. Under the new law, an employee is eligible for …

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URGENT NY Update: New York City Workplace Fairness Legislation

Effective 11-26-17, Mayor Ds Blasio has signed into law the New York City Workplace Fairness package of legislation that includes five laws and is directed at both the fast food and retail sectors. This LAWlert focuses on the portion of the laws applicable to the fast food industry.  We will issue a second LAWlert that …

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MARIJUANA AT WORK: in the workplace it’s coffee – yes, weed – no.

California was one of the first states to legalize medical marijuana and since that time many states have done the same. Further, a handful of states (California included) have now legalized recreational use of weed as well. This has in turn created confusion for employers in terms of workplace policy, specifically drug use policies. Hopefully …

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URGENT CA UPDATE: California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

On September 14, 2016, Governor Jerry Brown signed AB 2337 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence. This new bill requires employers in California of …

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Minimum Wage Increased in Several Cities Across the US Last Weekend on July 1st

New minimum wage rates took effect on Saturday, July 1st in cities, counties and states across the country. In San Francisco and Los Angeles, the increase is a step toward a minimum wage of $15 an hour. The minimum wage went up to $14 an hour in San Francisco on Saturday, on the way to $15 …

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Urgent Guardian HR Alert: New U.S. Supreme Court Rulings

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act of …

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Don’t Lose a Lawsuit Before it’s Filed: Preserve Evidence

Lawsuits are hard. Don’t make them harder for yourself or your employer by failing to preserve relevant evidence. You need to know that employers have a duty to preserve relevant evidence in employment cases—whether it’s pictures, products, documents, or electronically stored information—and there can be serious repercussions when you “spoliate,” or fail to preserve, such …

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California Employer LAWlert: Action Required – New Anti-Discrimination and Harassment Policy Requirements Start April 1

New regulations under the California Fair Employment and Housing Act (FEHA), which  prohibit discrimination and harassment in the workplace based on race and gender, among other protected categories, will go into effect on April 1, 2016. Among other things, the new regulations add the following provisions to FEHA: A requirement that businesses with five (5) …

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New York City Employer LAWlert: Commuter Benefits Law FAQ

New York City’s Commuter Benefits Law took effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. The law is based on the Internal Revenue …

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California Employer LAWlert: Get Ready! New Minimum Wage Ordinance for City of Los Angeles is Coming

Important Points: The wage ordinance applies to full-time, part-time and temporary employees who perform at least two hours of work within a particular week in the City of Los Angeles. Los Angeles employers must post the notice published by the Wage Enforcement Division showing the current minimum wage. The potential fine for failing to post …

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IRS Extends Health Coverage Reporting Due Date For Some Employers

On Dec. 28, the IRS extended the due dates for new health care information reporting forms in 2016.   Applicable Large Employers*, ALEs, and self-insuring employers, now have additional time to provide health coverage information for 2015 to individual taxpayers and the IRS.  These employers must furnish individuals with either Form 1095-B or 1095-C by March 31, 2016.  …

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New Jersey Employer LAWlert: Paid Sick Leave Policies Continue to be Adopted

The city of Elizabeth recently became the 10th New Jersey municipality to enact a paid sick leave law. The list of New Jersey cities with such a law includes Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. Elizabeth’s law, which becomes effective on March 2, 2016, largely mirrors the laws that …

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State Minimum Wage Increases Effective January 1st

State                  Current     Jan 1st    Increase  Alaska                  $8.75         $9.75       $1.00  Arkansas             $7.50         $8.00      $0.50  California            $9.00       $10.00    $1.00  Connecticut       $9.15         $9.60     …

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New Laws in California, Louisiana and Texas Effective January 1, 2016

California School Activities Leave Expansion Starts January 1 California’s law allowing unpaid time off for employees to participate in their children’s school or daycare activities will be expanded effective January 1. Current law requires employers with 25 or more employees to provide unpaid leave to employees who are a parent, guardian, or grandparent with custody …

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Time to Prepare for Large Employer ACA Tax Reporting Requirements

Few would claim their favorite season is “tax season,” and this year, large employers have yet another reason to dread it: Mandatory filing requirements dictated by the Affordable Care Act (ACA) kick in for 2015. If you are an applicable large employer (ALE), it’s important to note that you are responsible for filing Form 1094-C …

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Alabama Employer LAWlert: New Noncompete Law Starts in January

A bill signed into law over the summer will significantly strengthen Alabama employers’ ability to enforce noncompete agreements when the law takes effect January 1, 2016. The state’s old noncompete statute makes a broad statement that noncompete agreements are void. It then creates several exceptions into which courts have shoehorned the modern version of the …

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