On May 28, 2019, Maine Governor Janet Mills (D) signed into law a groundbreaking new statute requiring Maine employers (even small businesses) to provide paid time off beginning January 1, 2021. The law is the first of its kind in the nation to require paid time off, for any reason, including vacation time. Unfortunately, for employers, the law is short on specifics, leaving it to the state labor department to – hopefully – issue rules that will assist employers with many open questions about the their rights and obligations under the act.
Colorado Limits Inquiries About Applicants’ Criminal History
Colorado has joined the ban-the-box legislative trend. Ban-the-box laws prohibit employers from asking applicants about criminal history on the employment application, thereby banning the once-common checkbox for applicants to disclose their ex-convict status. These laws also generally impose other restrictions on the collection and use of criminal history in the recruitment process. With the enactment of the Colorado Chance to Compete Act (H.B. 19-1025) (CCCA) on May 28, 2019, Colorado has become the 32nd jurisdiction to enact a ban-the-box law that applies to private-sector employees. Adding additional protections for applicants with criminal histories, Governor Polis simultaneously signed H.B. 19-1275, which restricts inquiries about applicants’ sealed and expunged criminal records.
Anticipated Three-Month Delay for Massachusetts Paid Family and Medical Leave Program
In a late night statement issued from Beacon Hill on June 11, 2019, Massachusetts Governor Charlie Baker, along with state house and senate leadership, announced that they agreed to implement a three-month delay to the state Paid Family and Medical Leave program. In the joint statement, the leaders explained:
Reminder to Post New York State Election Leave Notices
As we discussed here, New York State passed an amendment to its election leave law as part of the state’s 2020 budget. This law is now in effect and provides that: (i) registered voters must be granted leave of up to three hours to vote without loss of pay; (ii) employers must allow employees to take time off to vote at either the beginning or the end of a working shift (but the employer can designate whether an employee takes the voting leave at the beginning or end of the shift); (iii) if both the employer and employee agree, the voting leave can take place at a different time; (iv) employees who need time off to vote must give their employers at least two working days’ notice of the intent to take leave; and (v) employers must post a notice of employees’ rights pursuant to this law at least 10 days before each election.
Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers
On June 10, 2019, the United States Supreme Court unanimously ruled that state wage and hour laws do not apply to certain drilling rig employees working off the California coast. The rig workers argued that California law required employers to pay them for off-work time spent on the platform, including time spent sleeping. The Supreme Court disagreed. In Parker Drilling Management Services, Ltd. v. Newton, the Court held that the Fair Labor Standards Act (FLSA), and not state law, applies to drilling platforms located in open waters governed by the Outer Continental Shelf Lands Act (OCSLA). Because the FLSA addresses both standby and minimum wage claims raised by the workers, California law cannot be adopted as a surrogate federal law on the Outer Continental Shelf (OCS).
Minnesota Wage Theft Bill with New Employer Requirements Takes Effect August 1
In one of the most significant pieces of legislation affecting employers in many years, the Minnesota Legislature passed, and Governor Walz signed, the Jobs and Economic Development Omnibus bill that includes new wage theft protections for employees and new requirements for employers. The wage theft bill is one of the few pieces of bipartisan employment legislation that survived the 2019 legislative session. The law constitutes a very significant change in wage payment requirements and enforcement. It includes increased civil enforcement and recordkeeping requirements for employers, as well as new criminal penalties for intentional wage theft. These changes will go into effect on August 1, 2019.
Developing New Leadership Mindsets in the Age of Acceleration
In this podcast, Natalie Pierce, co-chair of Littler’s Robotics, AI and Automation Practice Group and Diversity and Inclusion Council, discusses with Tania de Jong AM the intersection of diversity and inclusion efforts with advancing technologies, such as robotics and AI. Tania is the Founder and Executive Producer of Creative Innovation Global, as well as an international soprano singer, speaker, and one of Australia’s most successful female entrepreneurs and innovators.
Puerto Rico Supreme Court Holds Arbitration Clauses in Employment Contracts—Including Those Governing Unjust Dismissal Claims—are Valid and Enforceable
The Puerto Rico Supreme Court (PRSC) recently issued a judgment in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust Dismissal statute, Local Act No. 80 of May 30, 1976 (Act 80). The effect of the PRSC’s holding is that an arbitrator will have original jurisdiction to hear unjust dismissal disputes if the contract between the employer and the employee or contractor includes a valid arbitration clause.
Paid Leave Soon to be the Law in Nevada
Nevada Governor Steve Sisolak has announced his intent to sign Senate Bill No. 312, which will require, for the first time, that Nevada private-sector employers provide employees with up to 40 hours of paid leave per benefit year. Although originally styled as “sick leave” legislation, the final bill as enrolled requires that paid leave be made available to employees to be used for any reason. With limited exceptions, employers with 50 or more employees must provide paid leave to their employees in proportion to the number of hours worked. The bill makes no exception for part-time employees. The legislation becomes effective on January 1, 2020.
Proposed Washington State Regulations Would Radically Increase the Minimum Exempt Salary Rate
On June 5, 2019, the Washington Department of Labor & Industries issued proposed amendments to Washington State’s white-collar overtime exemption regulations.
OFCCP Issues Opinion Letter on Whether Pell Grants Trigger Federal Contractor Status for Colleges
In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced planned enhancements to its Help Desk as well as a process for issuing Opinion Letters that provide guidance on applying OFCCP regulations to fact-specific situations.1 While we wait for OFCCP to complete its planned Help Desk enhancements, the agency recently updated its website with an Opinion Letters link and issued its first Opinion Letter, dated May 20, 2019.
Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional
On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a lawsuit’s claim under Title VII. Rather, it is a non-jurisdictional mandatory claim-processing rule that is a precondition for relief. The practical result of this decision is that employers must now timely raise any defense of failure to exhaust administrative remedies, or face the risk that their defense will be waived.
WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (May Edition)
This month, we provide a rates-only update detailing state- and local-level minimum wage (and exempt employee pay) increases scheduled to occur on July 1, 2019, plus other developments concerning the minimum wage, tips, and overtime that occurred in May.
Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 1-3
As we have previously discussed, the Puerto Rico Department of Labor (PR DOL) has recently published the first edition of its Guidelines on the Interpretation of Puerto Rico’s Employment Legislation (Guidelines), which includes the PR DOL’s official statutory interpretation of nearly all of Puerto Rico’s employment laws. The over 200-page Guidelines are divided into 15 chapters and cover a wide range of statutes.
Washington State Buttons Up Two New Laws Addressing Worker Harassment and Assault in Hospitality and Adult Entertainment Industries
Washington Governor Jay Inslee recently signed two bills addressing sexual harassment and assault in the workplace. Both bills require covered hospitality employers and adult entertainment establishments to provide panic buttons for covered workers.