Compliance Corner

New Jersey Enacts Paid Sick Leave Law

Tuesday, June 5, 2018
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New Jersey
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.

Massachusetts Adjusts Limits on Inquiries into Job Applicants’ Criminal History

Tuesday, June 5, 2018
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Massachusetts
A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions include an adjusted limitation on asking about misdemeanor convictions and a bar on asking about sealed or expunged criminal records.

Connecticut Bars Pay History Inquiries

Tuesday, June 5, 2018
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Connecticut
Connecticut has enacted legislation (House Bill 5386) that will prohibit employers from asking applicants about their pay history. The law generally prohibits employers from inquiring about an applicant’s pay history, unless the prospective employee has voluntarily disclosed the information. 

California Supreme Court Broadens Definition of “Employee” in Independent Contractor Analysis

Tuesday, June 5, 2018
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California
Diverging from decades-old precedent, the California Supreme Court in Dynamex announced a significant change in independent contractor law, adopting a strict three-prong test for determining whether an individual is an employee or an independent contractor under the state’s Industrial Work Commission Wage Orders (“Wage Orders). Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, 2018 Cal. LEXIS 3152 (Cal. Apr. 30, 2018).

California/OSHA Housekeeping Injury Standard Takes Effect July 1, 2018

Tuesday, June 5, 2018
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California
The Cal/OSHA Standards Board (Board) has approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” This new standard, which takes effect July 1, 2018, is intended to control the risk of musculoskeletal injuries and disorders to housekeepers in hotels and other “lodging establishments.”

Washington Amends the Equal Pay Opportunity Act

Tuesday, May 1, 2018
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Washington
Washington amends the Equal Pay Opportunity Act, its wage discrimination law, to prevent pay differentials based on gender. It also prohibits employers from punishing employees for sharing salary information with their coworkers.

Breastfeeding Permitted in Any Place of Public Accommodation in Utah

Tuesday, May 1, 2018
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Utah
Utah amends its civil rights law to prohibit discrimination based on pregnancy in places of public accommodation. The amendment also creates the Utah Breastfeeding Protection Act, which provides that a woman may breastfeed in any place of public accommodation.

Fair Labor Standards Act Allows Tip Sharing between Tipped and Non-Tipped Employees

Tuesday, May 1, 2018
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TotalSource - WFN (News)
A recent amendment to the Fair Labor Standards Act prohibits employers from keeping employees’ tips, including allowing managers or supervisors to keep any portion of these tips. The amendment also allows for tipped workers (e.g., waiters) to share tips with non-tipped workers (e.g., cooks) as long as the employer does not take a “tip credit.”
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