EEOC Provides New Guidance on EEO-1 Pay Data Reporting

The Equal Employment Opportunity Commission (EEOC) has updated its guidance for how to submit EEO-1 Component 2 compensation data for fiscal years 2017 and 2018. The EEOC’s web-based system to submit this information will be available July 15, 2019, and employers have until September 30, 2019 to do so, under a deadline set by a …

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URGENT CA: California bill signals ‘brand new ball game’ for gig economy businesses

With details still being hashed out and the governor still in negotiations with powerhouse companies, the California Legislature has passed a bill expected to make the gig economy workforce more expensive to maintain. The legislature passed Assembly Bill (AB) 5 late September 10, 2019, a bill that largely codifies the 2018 Dynamex Operations West, Inc. …

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URGENT CA: BREAKING NEWS! California Harassment Prevention Training Requirement – Extension of Training Deadline Announced!

California Governor Gavin Newsom just signed Senate Bill (SB) 778. Effective immediately, this bill extends the deadline for employers with five or more employees to provide the legally required harassment prevention training by one year—from January 1, 2020 until January 1, 2021. By way of background, a law signed last year (SB 1343), required employers …

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URGENT NY: New York Bans Salary History Inquiries, Expands Pay Equity Law

New legislation in New York state will prohibit employers from asking prospective employees about their salary history and significantly expand the state’s pay equity law. Salary History Inquiry Ban Senate Bill S6549 will prohibit employers from requesting, requiring or seeking a job applicant’s or current employee’s salary or wage history as a condition of: Receiving …

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URGENT TX: Dallas Ordinance Requires Employers to Provide Paid Sick Leave to Employees

The City of Dallas recently passed an ordinance requiring employers to provide paid sick leave to workers. Starting August 1, 2019, employers with more than five employees who perform at least 80 hours of work in a year in Dallas should be prepared to comply with the new ordinance. Last month, the City of Dallas joined …

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URGENT CA: California Law Bans Hair Discrimination

California has become the first state in the nation to prohibit discrimination based on natural hair or hairstyles. The bill expands the definition of “race” under state anti-discrimination law to include traits historically associated with race, including hair texture and protective hairstyles. On July 3, Gov. Gavin Newsom signed the CROWN Act – which stands …

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Colorado Legislature Passes Significant Equal Pay Bill, Including Salary History Ban and Job Posting Requirements

UPDATE: The governor signed this bill into law on May 22, 2019. In its recently concluded session, the Colorado General Assembly passed legislation to strengthen the state’s pay equity requirements, prohibit employers from seeking salary history from job applicants, and require employers to post internal job openings and list salary ranges on all postings. The …

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Court Orders EEO-1 Pay Data by September 30

September 30th is the new deadline for the Equal Employment Opportunity Commission (EEOC) to complete their collection of employer data for the Annual EEO-1 Report. The data is collected from Form W-2, which is sorted by race, ethnicity and gender. File Now! THE 2018 EEO-1 SURVEY IS OPEN – The Employer Information Report EEO-1, otherwise known as …

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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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DOL Proposes Increasing Minimum Salary for Overtime-Exempt Employees to $35,308

The Department of Labor has proposed an increase in the federal salary-level threshold for white collar exemptions to $35,308 per year from $23,660. If finalized, the new overtime rule could result in the reclassification by employers of more than a million currently exempt workers as nonexempt and an increase in pay for others above the …

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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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CA SUMMER WORKING HOURS: Overtime Considerations for California Employers

It’s summer and most of us are looking forward to being able to get outside until the sun goes down late in the evening and to that end many employers are sensitive to the desires of their staff trying to develop creative schedules to allow employees to take advantage of the longer days. However, no …

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URGENT CA UPDATE: California Supreme Court Adopts New Independent Contractor Test

In Dynamex Operations v. Superior Court, the California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders, which regulate wages, hours, and working conditions. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond, …

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U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

On May 21, 2018 the U.S. Supreme Court has issued a highly anticipated decision on the issue of whether class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Class action waivers in employment arbitration agreements do not violate federal law, the Supreme Court has ruled this decision in three …

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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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The Problem: Sexual Harassment In the Workplace, The Solution: Guardian HR’s Sexual Harassment Prevention Training

The headlines are screaming it, social media is all over it, and employer’s need to do something about it…SEXUALHARASSMENT IS EVERYWHERE! Sexual harassment is not just for the rich and famous and all employers need to know how to prevent it before they see their names in lawsuits. Years of Experience – The experts at Guardian HR …

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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: USCIS Issues New Mandatory I-9 Form

The U.S. Citizenship and Immigration Services (USCIS) has published the newest version of the I-9 Form. Use of the updated form is mandatory starting September 18, 2017. Employers are to continue following existing storage and retention rules for any previously completed Form I-9. DOWNLOAD UPDATED VERSIONS OF THE I-9 FORM HERE INSTRUCTIONS FOR COMPLETING AND CORRECTING THE I-9 …

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