Compliance Corner

Data privacy and security regulation is growing rapidly around the world, including in the United States. The recently enacted California Consumer Privacy Act (CCPA) is intended to address some of these risks and concerns.

Washington State Governor, Jay Inslee, signed into law Substitute Senate Bill 5975 (S5975), which creates the Family and Medical Leave Insurance Program effective January 1, 2020. The Washington Employment Security Department (ESD) has launched a new website to provide guidance to employers, workers and healthcare providers on the new paid family and medical leave insurance program.

On January 2, 2019, Michigan announced that the effective date of the minimum wage increase to $9.45 per hour will be March 29, 2019. The minimum cash wage required to be paid to tipped employees will increase to $3.59 on this same date.

In September 2018, the Michigan legislature adopted as law a proposed ballot measure that would require employers to provide their employees paid leave to be used for “sick” and “safe” time purposes, and other reasons. The law has been amended. The law, now known as the Paid Medical Leave Act, requires covered employers to provide up to 40 hours of paid medical leave per year to eligible employees.

Maine law requires employers to annually provide their employees with notice of the employer’s sexual harassment policy. The employer’s policy must contain, for example, the definition of harassment (with examples), the employer’s internal complaint mechanism, the Maine Human Rights Commission’s complaint process, and an anti-retaliation statement.

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning the effective date, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI. BOLI has published a final rule (guiding regulations) to implement the Act. While the Final Rule clarifies and provides guidance regarding key provisions of the Act, as discussed below, it omits any references to the provision of most interest to Oregon employers: the pay equity analysis safe harbor provision.