The Service Employees International Union Local 32 BJ (“SEIU”) has appealed the December 21, 2015, Order of the Allegheny County Court of Common Pleas invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the Pittsburgh city limits to provide paid sick leave to all full- and part-time employees.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
New York City Earned Sick Time FAQs Updates
Additional guidance for employers covered by New York City’s Earned Sick Time Act has been issued by the City’s Department of Consumer Affairs (DCA), the agency currently charged with enforcing the law, in recently updated Frequently Asked Questions (FAQs). These were last updated in September 2015.
New Mexico Court Holds Employers Need Not Accommodate Medical Marijuana Use
A federal court in New Mexico dismissed the lawsuit of an employee who was fired after testing positive for marijuana, even though he used medical marijuana in accordance with state law. Garcia v. Tractor Supply Company, No. 15-cv-00735 (D.N.M. Jan. 7, 2016). The Court held that the employer did not violate New Mexico law or public policy by terminating a new hire for failing a drug test due to the employee’s medical marijuana use. The Court’s decision followed the holdings of similar cases in California, Colorado, Michigan, Oregon and Washington. Like those cases, the Court held that employers in New Mexico are under no duty to accommodate the use of medical marijuana by employees.
Spokane PSL on the Way
Spokane may soon be the first 2016 PSL jurisdiction. Just 11 days into the New Year, its City Council passed a PSL ordinance. (Ordinance No. C35300). The mayor has vowed to veto it but the Council passed the ordinance by a wider margin than needed to override that veto.
Puerto Rico Governor Signs Law Allowing Employees to Use Accrued Paid Sick Leave to Care for Qualified Family Members
Governor Alejandro García Padilla recently signed Law No. 251 (House Bill 695), a measure that provides caregiver leave under Puerto Rico law. This law, which is effective immediately, amends the Puerto Rico Minimum Wage, Vacation, and Sick Leave Act, Act No. 180 of July 27, 1998 (hereinafter “Act 180”). Under Act 180, qualifying non-exempt employees are entitled to accrue paid sick leave of one day per month, up to 12 days per year, for each month in which they work at least 115 hours.1
Pennsylvania Court Strikes Down Lifetime Ban of Employees with Certain Convictions from Working in Nursing Homes
The Commonwealth Court in the case of Tyrone Peake et al. v. Commonwealth of Pennsylvania has invalidated a provision of the Older Adults Protective Services Act. The Act bars individuals accused of serious crimes, such as murder and rape, from being employed in health care facilities like nursing homes, which provide services to the elderly and infirm.
Oregon ‘Ban the Box’ Legislation Effective, Next is Even Tougher Portland Ordinance
Oregon law restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process (i.e., before a job interview) went into effect on January 1, 2016. Beginning July 1, 2016, the City of Portland will take ban-the-box restrictions a few steps further, with its own ordinance.
How Does the New Texas Open Carry Law Affect Employers?
On January 1, 2016, Texas became the 45th state to allow the open carry of firearms. This affects most private employers, with exceptions for schools and certain areas of oil and gas refineries. Private and public businesses that wish to prohibit the carrying of concealed and/or openly carried firearms must display, at every entrance to their premises, the following signage mandated by Texas Penal Code § 30.06 (regarding concealed handguns) and/or § 30.07 (regarding openly carried handguns):
Governor of Puerto Rico Signs Bill to Expand Paid Sick Leave Use
The New Year began with the Governor of Puerto Rico’s approval of an amendment, House Bill 695, to the Commonwealth’s paid sick leave law that expands the circumstances under which non-exempt employees can use paid sick leave. The stated intent is to improve the working conditions of employees with caregiving responsibilities.
Final Regulations Issued by the NJDOL for New Jersey Employers Regarding Ban the Box
Last month, the New Jersey Department of Labor and Workforce Development (NJDOL) released final regulations to further define some of the ambiguous terms contained in New Jersey’s “Ban the Box” law, titled the Opportunity to Compete Act (OTCA), which went into effect March 1, 2015. As a reminder, OTCA prohibits most New Jersey employers from requiring an applicant to complete a job application that makes any inquiries regarding the applicant’s arrest or criminal record, or from making any inquiry (verbal or written) concerning an applicant’s arrest or criminal record during the “initial employment application process,” which runs from the employer’s first “contact” with the applicant concerning potential employment and concludes when the employer has conducted a first interview of the job applicant, with some industry exceptions.
North Carolina Employees are not “Authorized” to Divert Employer Data
As the year draws to a close, employer claims under the Computer Fraud and Abuse Act (“CFAA”) against departing employees for stealing or otherwise diverting employer information without authorization to do so are dying slow deaths in many federal courts across the nation.
Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected
Landmark legislation giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain, has been passed by the Seattle City Council. However, the new law faces significant legal hurdles.
NYSDOL Issues Guidance on Fast Food Wage Order and Increased State Cash Minimum Wage For Hospitality Workers
The New York State Department of Labor (NYSDOL) recently posted answers to Frequently Asked Questions related to the new Fast Food Wage Order and increased state minimum wage for hospitality workers, both of which take effect on December 31, 2015. As previously covered here, the state minimum wage in New York will increase to $9.00 for all hospitality-based employees not covered by the Fast Food Wage Order. The maximum tip credit available for such workers will be reduced to $1.50, from the current amount of $3.75, requiring a minimum cash wage of $7.50. Of note, the Fast Food Wage Order FAQ clarifies the NYSDOL’s view that no tip credit is available for employees covered by the Order, including delivery employees.
Just in Time for the Holidays, New Brunswick Gives the “Gift” of Paid Sick/Safe Time
On December 17, 2015, New Brunswick, New Jersey passed a sick and safe leave ordinance that provides up to 40 hours of paid sick and safe leave to employees beginning on January 6, 2016. Although there are similarities between this ordinance and other sick leave ordinances in New Jersey, there are substantive differences as well. Consequently, employers that previously updated their time-off policies to comply with other sick leave ordinances in New Jersey will need to revisit those policies to ensure compliance.
Final Regulations Clarify Some Provisions of the Oregon Sick Leave Law
Anticipation of the January 1, 2016, effective date, the Oregon Bureau of Labor and Industries (BOLI) has published administrative rules to implement the Oregon Sick Leave Law.