News

DOL Eliminates Employer-Plaguing “80/20” Tip Credit Rule

The Department of Labor (“DOL”) has rescinded its prior guidance that made the tip credit unavailable for tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties.

December 2018 and January 2019 HR Compliance Calendar

Below is a summary of compliance requirements that took effect recently or will take effect this month or next. For more information on these topics, please see this month’s edition of the ADP Insights & Solutions Newsletter or the Newsletter Archives. In addition, please note that there are a number of pay increases that will take effect as of December 31, 2018 or January 1, 2019 for both exempt and non-exempt employees. A detailed list of pay increases can be found in the Minimum Wage Update for Various Jurisdictions article in this month’s newsletter.

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Regional Alerts

New-Jersey-

As noted previously, New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The New Jersey ...

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Bulletin-News, Alaska, Arizona, Arkansas, California, Colorado, Delaware-, Florida, Maine-, Massachusetts, Michigan-, Minnesota-, Mississippi, Montana-, New-Jersey-, New-Mexico-, New-York-, Ohio-, Oregon-, Rhode-Island-, South-Dakota-, Vermont-, Washington-

Various jurisdictions have increased their minimum wage rates. If applicable, you must increase the pay rate for exempt and/or non-exempt employees to meet the new minimum wage. For New York, the pay rate increase is effective on or before December 31, 2018. For all other jurisdictions and ...

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Washington-

Seattle has enacted a law (Ordinance No. 125684) that will require employers with 20 or more employees to offer employees the opportunity to use pre-tax income to purchase qualified commuter benefits.

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New-York-

Westchester County in New York has enacted an ordinance that will require employers to provide sick leave to employees who work in the county.

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Michigan-, Missouri-, Utah-

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law.

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New-York-

All hotels in New York with at least five rooms will be required to post human trafficking “informational cards” throughout each hotel’s premises.

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New-York-

The New York City Commission on Human Rights has released Frequently Asked Questions (FAQs) as guidance on the “Stop Sexual Harassment in NYC Act.”

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Washington,-D.C.

The District of Columbia has enacted legislation (B22-0913) that will require employers to meet certain notice, reporting, policy, and training requirements.

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California

The California Department of Industrial Relations has announced an increase to the pay rates computer software employees and physicians must receive in order to be exempt from overtime. Additionally, the minimum salary required for the administrative, professional, and executive exemptions will ...

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California

California employers with 250 or more employees per establishment or employers with 20-249 employees in certain identified industries (which is the same as Federal OSHA) must electronically submit to the Federal OSHA website by December 31, 2018 and then each year thereafter.

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