The National Labor Relations Board (NLRB) has announced its rulemaking agenda for the coming months. The Board stated that it plans to engage in additional rulemaking in the following areas: 1) representation case procedures (governing union elections); 2) standards for “blocking charges” (governing when unfair labor practice charges “block” union elections); 3) voluntary recognition (governing when and how employers may recognize unions without the need for an election); 4) the formation of bargaining relationships in the construction industry; 5) the standard for determining whether students employed at private colleges or universities may organize; and 6) access to employer property. The Board also stated that it plans to proceed with its rulemaking regarding the joint-employer standard.
New York Considers Aggressive Consumer Privacy Law
The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version of the law. The New York Privacy Act (NYPA), s5642, introduced last month by New York Senator Kevin Thomas, the Chair of the Consumer Protection Committee, is considered a more expansive version of its California counterpart.
EEOC On Schedule to Open Component 2 Reporting July 15, 2019
In its most recent status update, filed with the court as ordered by Judge Tanya S. Chutkan, EEOC is reporting it and NORC are on schedule to open the EEO-1 Component 2 pay data reporting tool on July 15, 2019.
Massachusetts Officially Amends Paid Family Leave Law; Announces Other Changes
After announcing an agreement to delay the start of contributions under the Massachusetts Paid Family and Medical Leave Act (PFMLA), the legislature passed a bill amending the law that the Governor subsequently signed and enacted on June 13, 2019. As announced, PFMLA contributions will begin on October 1, 2019, rather than July 1, 2019.
Minnesota Adds New Wage Payment and Recordkeeping Requirements; Criminalizes ‘Wage Theft’
Minnesota has enacted detailed new recordkeeping requirements for employers, effective July 1, 2019, and wage theft protections for employees, effective August 1, 2019.
New Jersey Enacts Panic Device Law for Hotel Workers
New Jersey has enacted a law requiring hotels with at least 100 guest rooms to provide employees in housekeeping or room service with panic devices. The law also sets recordkeeping and security protocol requirements covered hotels must comply with by December 12, 2019.
EEO-1 Component 1 Down… Component 2 Pay Data Up Next
The May 31, 2019, deadline for filing EEO-1 Component 1 race-and-gender data has come and gone. The portal for filing Component 1 data will remain open for several more months, however, and there are no fines or penalties for filing late.
Tennessee Adopts 20-Factor Test in Independent Contractor Analysis
Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020.
Supreme Court: State Wage-and-Hour Laws Inapplicable to Drilling Platform Workers
Workers on oil drilling platforms off the coast of California are covered by the Fair Labor Standards Act (FLSA), not California’s overtime and wage laws, the U.S. Supreme Court has held unanimously. Parker Drilling Management Services, Ltd. v. Newton, No. 18-389 (June 10, 2019). Accordingly, the Court ruled that workers are not entitled to be paid for the nonworking time they spend on the platform, including for sleeping.
Court Dismisses ADA Claims Alleging “Excessive” Drug and Alcohol Testing
A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or alcohol tests required under the U.S. Department of Transportation (DOT)’s regulations. Vuono, et al. v. Consolidated Edison of New York, Inc., Case No. 1:18-cv-016365-VEC (S.D.N.Y. June 11, 2019).
Jackpot! New Nevada Laws Provide Additional Benefits for Employees
This week, Governor Steve Sisolak signed a law requiring private employers with 50 or more employees in Nevada to provide 0.01923 hours of paid leave for each hour an employee works. Employees must be permitted to use up to forty hours of available paid leave “without providing a reason to his or her employer.” Nevada’s paid leave law is similar to the new paid leave law in Maine that requires employers provide paid leave that employees can use for any reason. New York City Council is reportedly considering similar legislation that would require paid personal time in addition to the safe/sick time that many employees are already entitled to. Nevada’s law takes effect on January 1, 2020 and Maine’s law takes effect on January 1, 2021.
District of Columbia Marks Start of July with Paid Family Leave Taxes
Starting on July 1, 2019, the District of Columbia will begin collecting taxes from most of the District’s private sector employers and non-profit organizations to fund a new Paid Family Leave (PFL) benefit.
New Maine Law Requires Employers to Provide Employees Paid Leave to Use for ‘Any Reason’
Maine Governor Janet Mills has signed into law “An Act Authorizing Earned Employee Leave,” the first law in the nation to allow employees to use mandated paid leave for any reason. The new law, signed on May 28, will take effect on January 1, 2021. Approximately 85 percent of Maine’s private sector employees will receive paid leave under the new law.
Nevada Enacts Minimum Wage Increase to $12 Per Hour
Nevada’s minimum wage will increase to $12.00 per hour (or $11.00 for employees offered health insurance) by mid-2024, based on a new bill signed into law by Nevada Governor Steve Sisolak. Beginning July 1, 2020, Nevada’s current minimum wage rates of $8.25 (without health insurance) and $7.25 (with health insurance) will increase by $0.75 to $9.00 and $8.00 respectively per hour, and will increase annually at that same rate until reaching $12.00 (or $11.00) per hour on July 1, 2024.
Illinois Legalizes Recreational Marijuana, Posing Challenges For Employers
The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019, legalizing marijuana for recreational purposes. Governor J.B. Pritzker has stated he will sign the bill and it will take effect on January 1, 2020. The Act will allow anyone over the age of 21 to possess, use, or buy marijuana. More significantly, marijuana will be considered a “lawful product” for purposes of the Illinois Right to Privacy Act, which bars discrimination against employees and applicants for using lawful products off-duty and off of the employer’s premises. For employers, the end of Illinois’ prohibition on recreational use invites a host of practical problems moving forward.