The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to aggressively enforce AB 5, the law that codified and expanded the application of the ABC test in the Golden State.
Ye Olde Holiday Crossword — With Clues for Solving the Office Party Puzzle
As the end of the year approaches, many employers are preparing for the annual office holiday party. This occasion presents an opportunity for employers to express appreciation for the hard work performed by staff all year. In turn, many employees appreciate the chance to interact with their coworkers outside the hectic workday.
New York State Bans Discrimination Based on Reproductive Health Decision Making
As of November 8, 2019, New York State prohibits employment discrimination based on an employee’s or a dependent’s “reproductive health decision making.” The New York State Legislature passed the bill in January 2019, and Governor Cuomo signed it into law this month. This move comes less than one year after the New York City Council added “sexual and other reproductive health decisions” to the list of protected categories under the New York City Human Rights Law. This statewide measure is likely a response to the federal government’s efforts to increasingly regulate this area.
Minimum Wage, Tipped and Exempt Employee Pay in 2020: A Rates-Only Update
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that details scheduled state- and local-level wage increases throughout 2020 so employers can determine the minimum amount they must pay non-exempt, tipped, and certain exempt employees.
Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the state and local levels, presenting compliance challenges for employers with operations in multiple jurisdictions. This article highlights labor and employment activity at the federal level, and summarizes some of the key generally applicable laws and regulations that will affect employers in the year to come.
Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring
The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased workload. While seasonal employees generally work for only three to six months over the holidays, their brief tenure raises several organizational challenges. To effectively meet these challenges, employers must take steps to hire, onboard, and manage seasonal staff in accordance with applicable laws and ordinances to ensure the retail season remains jolly long after we ring in the New Year.
DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program
In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of military service. Service members obtain valuable skills by participating in Skill Bridge—skills that allow them to transition into the work force with minimal impact after discharge. Participating employers obtain highly skilled and motivated individuals who may become employees after their service is completed.
New Jersey Bill Would Bring California-Style ABC Test to the Garden State
Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify workers as independent contractors. State legislators now want to make it even more difficult to satisfy the ABC test with a new bill, SB 4204
Nevada Labor Commissioner Issues Advisory Opinions Clarifying Mandatory PTO Law
The Nevada Labor Commissioner issued two advisory opinions concerning Senate Bill (SB) 312, which, effective January 1, 2020, requires private employers with 50 or more employees in Nevada to provide paid leave that employees can use for any reason. SB 312 left several significant questions unanswered. In the advisory opinions, the Labor Commissioner addresses some of these issues, based on the state labor department’s understanding of “the plain and unambiguous language of the bill and the intent of the Legislative Sponsors.” Below we summarize important clarifications the Labor Commissioner’s formal guidance provides.
Duluth, Minnesota Issues Paid Sick and Safe Leave Rules & Revises FAQs
The City of Duluth has published final rules and revised FAQs implementing its Earned Sick and Safe Time Ordinance. The Ordinance takes effect January 1, 2020 for employers with five or more employees, regardless of whether they work in Duluth. Under the law, employees accrue, or an employer frontloads, paid sick and safe time (SST) that employees can use for themselves or to care for or assist a covered family member for the following reasons: mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; preventive medical care; and absences connected to domestic abuse, sexual assault, or stalking. Below we discuss whether and how the rules clarify or gap-fill the ordinance’s requirements.
Note to Employers: Stop Designating Lengthy Approval Dates on Your FMLA Designation Forms
I spend a decent part of my day reviewing FMLA forms, certification and correspondence. Exhilarating, for sure.
Navigating Change and Building a Workforce for Tomorrow
Natalie Pierce, co-chair of Littler’s Robotics, Artificial Intelligence, and Automation practice group, and Debra Kadner, machine learning expert and cofounder of Eskalera, discuss the framework for helping employers build their workforces for the future.
Recent and Upcoming Changes to Oregon Pregnancy & Childbirth Accommodations Laws
Women with children are the fastest-growing segment of the workforce. Six in every ten new mothers are working. Against that backdrop, the Oregon legislature recently enacted two new laws, changing and clarifying the rules governing pregnancy and childbirth accommodations in the workplace. Some changes took effect September 29, 2019. Others become effective January 1, 2020.
IRS Publishes 401(K) Contribution Limit Increases for 2020
It’s that time of year again. On November 6, 2019, the Internal Revenue Service (IRS) announced cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2020 tax year. These limits include both employee and employer contribution limits.
FMCSA-Regulated Employers Take Note: Drug and Alcohol Clearinghouse Implementation Quickly Approaching
In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.” That law directed the Federal Motor Carrier Safety Administration (FMCSA) to create a means of identifying and tracking commercial drivers who violate the agency’s drug and alcohol testing program, to ensure that drivers with a history of violating the drug and alcohol regulations are taken off the road until they demonstrate compliance with those rules.