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Total Articles: 10

Reminder: Vermont ‘Ban the Box’

The law prohibits an employer from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form, unless the individual is applying for a position for which state or federal law creates a mandatory or presumptive disqualification for employment, based on convictions for certain offenses, or the employer is subject to an obligation imposed by state or federal law not to employ an individual convicted of certain offenses.

Vermont’s Crackdown on Drug Testing Underscores the Importance of Compliant, State-Specific Drug Testing Policies for Multistate Employers

My unabashed love affair with the state of Vermont has been around for quite a while. Maple syrup, Phish, innovative ice cream, beautiful scenery, and a statewide ban on interstate billboards—what’s not to love? Another interesting feature about the Green Mountain State: Vermont prides itself on being extraordinarily restrictive on employers that wish to drug test their employees.

Vermont Passes “Ban the Box” Legislation

On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an individual’s criminal history record on an initial employment application. The law does, however, allow an employer to inquire about an applicant’s criminal history record (i) during a job interview or (ii) once the applicant has been deemed otherwise qualified for the position.

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory provisions on “unlawful employment practices.” Vermont’s new law continues the nationwide “ban-the-box” trend and follows closely on the heels of similar legislation enacted in other jurisdictions, including Austin, Texas, Portland, Oregon, and New York City.1

Vermont Becomes 8th State to Ban the Box for Private Employers

Vermont has become the 8th state to pass a law banning private employers from including a criminal history box on job applications. Governor Peter Shumlin signed the measure on May 3, just one week after President Barack Obama directed federal agencies to adopt ban the box hiring practices.

Vermont Governor Signs Ban the Box Legislation; Connecticut Governor Expected to Sign Such Law

Vermont Governor Peter Shumlin has made the Green Mountain State the most recent state in the nation to implement statewide “ban the box” legislation. Connecticut may soon follow, once Governor Dannel Malloy has sign legislation passed by the state legislature on May 4, 2016.

Vermont Becomes the Fifth State to Pass Paid Sick Leave Legislation

On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and Oregon – to enact a state-wide paid sick leave law. Beginning on January 1, 2017, Vermont employers must allow employees to accrue and use at least 24 hours (or three days) of earned sick time in a 12-month period. Beginning January 1, 2019, employers must allow employees to accrue and use at least 40 hours (or five days) of earned sick time in a 12-month period.

Vermont Becomes Fifth State to Require Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other states’ paid sick leave laws, but has its own unique features. Here are the key aspects of the Vermont law:

Vermont’s Health Plan Reporting Law Impermissibly Impacts National Plan Administration and Falls to ERISA Preemption, Supreme Court Holds

If you were to ask most employers whether reporting is a core function of employee benefit plan administration, they would likely say yes, particularly as many are currently in the middle of completing IRS Forms 1094-C and 1095-C. On top of the numerous reporting requirements for group health plans imposed by IRS and other federal agencies, a number of states, including Vermont, have enacted laws that add a layer of state reporting obligations for plans, including self-funded group health plans. In what is clearly welcome news for employers and plan sponsors, this added state law burden has been lessened by yesterday’s Supreme Court decision in Gobeille v. Liberty Mutual Ins. Co., No. 14-181.

Vermont Passes Paid Sick Leave Legislation

Vermont's legislature has passed a paid sick leave law (H.B. 187), which is now on Governor Peter Shumlin's desk for signature. In a joint statement with Senate President Pro Tem John Campbell and House Speaker Shap Smith, Governor Shumlin applauded the legislation, stating that "We're proud that Vermont will become the fifth state to guarantee this important protection to its citizens."