State & Federal Employment Law Updates

California Employer LAWlert: Governor Signs More New Employment Bills into Law

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: NEW AB 1513 Severely Limits Piece-Rate Compensation for Employers

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate …

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California Employer LAWlert: Overtime Law Has Far-Reaching Effects on Home Health Care Industry

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

The basic tenet California’s overtime law seems straightforward and unassailable: Workers who work more than eight hours at a time are entitled to overtime pay. But it may not be as simple as that. Many in the home health industry say the practical application of overtime spells the end of live-in care and could actually …

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GET READY! Proposed Federal Overtime Regulations Are Out, and You’d Better be Prepared

Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates, Wage & Hour / By

The U.S. Department of Labor (DOL) has released its long-awaited proposed changes to the Fair Labor Standards Act (FLSA) regulations containing the “white-collar” exemptions to the minimum wage and overtime requirements. Many employers have been anxiously awaiting the proposed regulations because early indications were that the new rules will make many employees who are currently …

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2016 Human Resources Compliance Calendar

Employment Law & HR Topics, Miscellaneous / By

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations.  Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may …

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California Employer LAWlert: Equal Pay Act Is Law

California, Discrimination & Harassment, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …

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Connecticut Employer LAWlert: Be Ready for New Social Media Law

Connecticut, Employment Law & HR Topics, State & Federal Employment Law Updates / By

Connecticut employers need to prepare for a new law taking effect October 1st limiting how they can access social media accounts belonging to employees and applicants. The new law prohibits an employer from: Requesting or requiring employees or applicants to provide a username, password, or any other authentication means for accessing a personal online account; …

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Delaware Employer LAWlert: Why Can’t We be Friends? New Social Media Law

Delaware, Employment Law & HR Topics, Hiring / By

Delaware has joined the growing list of states that have passed a social media privacy law. The proposal, which will take effect immediately upon being signed by Governor Jack Markell, contains broad provisions. Here’s what you need to know now. Passwords are (officially) off-limits The primary intent of the law is to prohibit employers from …

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CO Supreme Court: Worker’s Discharge for Off-duty Pot Use Was Legal

Colorado, Employment Law & HR Topics / By

In a nationally anticipated decision, the Colorado Supreme Court recently upheld an employer’s termination of an employee for a positive drug test because of his off-duty, off-premises marijuana use. The court’s narrow decision in the case turned on the fact that marijuana use remains illegal under federal law. Construing the term “lawful” to encompass activities …

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New York Employer LAWlert: NYC ‘bans the box’ and use of credit checks

Employment Law & HR Topics, New York / By

On May 6, New York City Mayor Bill de Blasio signed into law Intro 261-A, known as the Stop Credit Discrimination in Employment Act (SCDEA). The law bans most New York City employers from running credit checks for hiring, promotion, and job-retention decisions. On June 29, Mayor de Blasio also signed into law Intro 318-A, …

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California Employer LAWlert: Amendments to Paid Sick Leave Law, Effective Immediately

California, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates / By

On July 13, 2015, Governor Jerry Brown approved AB 304 Sick Leave: Accrual and Limitations, which amends the Healthy Workplaces, Healthy Families Act of 2014 (i.e., Sections 245.5, 246, and 247.5 of the California Labor Code).  These amendments took effect immediately upon signature.  The following is a summary of the key amendments to the law, …

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California Employer LAWlert: New Sick Leave Law Will Require This Posting to be Displayed Where Employees Can Easily Read It

California, Employment Law & HR Topics, Forms and Policies, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

Effective July 1, 2015, the Healthy Workplaces/Healthy Families Act of 2014 or the CA Paid Sick Leave Law will entitle most employees in California to three days of paid sick leave each year. All California employers must display the following text in an easily readable location on our before the effective date of the law: …

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Be Prepared for an Extension of FMLA Rights for Employees in Same-Sex Marriages

Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates / By

On February 25, 2015, the United States Department of Labor (DOL) adopted new regulations that define the term “spouse” for purposes of the Family and Medical Leave Act of 1993 (FMLA). Under the regulations, which took effect on March 27, 2015, the term “spouse” includes all individuals in same-sex and opposite-sex marriages, without regard to …

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California Employer LAWlert: RECAP OF NEW PAID SICK LEAVE LAW: Coming to an employer near you July 1, 2015

California, Employment Law & HR Topics, Forms and Policies, Leaves of Absence, State & Federal Employment Law Updates / By

Starting July 1, 2015 most employees will be entitled to up to three days of paid sick leave each year.  Here are the details. WHO IS COVERED? Employees who work in California at least 30 days within one year from the commencement of employment are covered.  All private and most public employers are subject to …

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California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

The California Supreme Court in the matter of Mendiola v. CPS Security Solutions, Inc., has reversed the California Court of Appeals, ruling that employees on 24 hour shifts must be paid for time sleeping. Historical Perspective Wage and hour claims are today governed by two complementary and occasionally overlapping sources of authority: the provisions of …

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California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace

California, Discrimination & Harassment, Employment Law & HR Topics, State & Federal Employment Law Updates / By

Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …

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MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS

California, Employment Law & HR Topics, Nevada, State & Federal Employment Law Updates, Wage & Hour / By

Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …

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OSHA Announces New Reporting Requirements

California, Employment Law & HR Topics, State & Federal Employment Law Updates / By

The U.S. Department of Labor’s Occupational Safety and Health Administration announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go …

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California Employer LAWlert: CA Mandates Paid Sick Leave

California, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …

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New Illinois Law Prohibits Criminal History Inquiries on Job Applications

Employment Law & HR Topics, Hiring, Illinois / By

Effective January 1, 2015 in Illinois, the Job Opportunities for Qualified Applicants Act will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job.At the signing Governor Quinn stated, “Everyone deserves a …

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California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Termination / By

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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Urgent HR Alert: New York Sick Leave Law Expanded

Employment Law & HR Topics, Leaves of Absence, New York / By

Taking effect on April 1, 2014, New York City’s Earned Sick Time Act (the “Act”), will require all employers with at least five employees and all employers with at least one domestic worker to provide paid sick time to their employees; all other employees will be entitled to unpaid sick leave without penalty. Employers with …

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California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW

California, Forms and Policies, State & Federal Employment Law Updates, Wage & Hour / By

Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …

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California Employer LAWlert: Urgent Alert

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

On September 25, 2013, California Governor Jerry Brown signed a new law making California the first state to reach a $10 per hour minimum wage. The new law raises the minimum wage from the current $8 per hour to $9 per hour July 1, 2014, and then to $10 per hour January 1, 2016.This rise …

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CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics / By

By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …

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CA UPDATE: Special 2013 Legal Update Alert

California, Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Wage & Hour / By

SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …

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URGENT – January Alert – NEW PDL REQUIREMENTS

California, Employment Law & HR Topics, Leaves of Absence / By

New PDL rules went into effect 12-30-12. These changes to California’s Pregnancy Disability Leave Law requires all employers in the state to display new postings and notices. The content of the postings is available at http://www.dfeh.ca.gov/Publications_Publications.htm. Other substantive changes include the requirement that employers must notify an employee in writing of any medical certification requirement …

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Urgent – HR Alert – January 2013 – Contract Workers

Employment Law & HR Topics, State & Federal Employment Law Updates / By

by Judith E. Kramer An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18. President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for …

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