Compliance Corner
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).
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.”
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.
Tuesday, May 1, 2018
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Washington
Job applicants and employees in Washington who are survivors of domestic violence, sexual assault, or stalking will have new protections against employment discrimination under a law that will go into effect on June 7, 2018.
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.
Tuesday, May 1, 2018
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Rhode Island
Rhode Island has joined the growing list of states and municipalities that have enacted paid sick leave laws. The new law takes effect July 1, 2018.
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.”
Wednesday, April 18, 2018
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West Virginia
Pursuant to the Business Liability Protection Act, West Virginia employers may not prohibit any customer, employee, or other person lawfully on the premises from storing a lawfully possessed firearm inside of a privately-owned vehicle in a company parking lot, so long as the firearm is out of view and locked inside the vehicle.
Wednesday, April 18, 2018
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Washington
Effective June 7, 2018, Washington will implement “ban the box” legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process.
Wednesday, April 18, 2018
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Mississippi
Mississippi’s expanded law provides that military service members and veterans will have reemployment protections when performing duties or receiving training with armed forces of other states.