Compliance Corner
Wednesday, June 6, 2018
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TotalSource - WFN (State Alerts)
Tuesday, June 5, 2018
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Tennessee
Tennessee law now allows an individual, corporation, business entity, or government entity (collectively “entity”) to permit the concealed carry of handguns by permit holders, while still prohibiting other weapons or the open carry of firearms at the workplace. Tennessee law previously allowed an entity to prohibit possession of all weapons on its premises, including by a person authorized to carry a concealed firearm with a valid permit.
Tuesday, June 5, 2018
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Washington
Washington state and Seattle both have separate minimum wages and processes for obtaining an exemption from their minimum wages. Under Seattle's minimum wage provision, an employer was permitted to apply for exemption from the city's minimum wage only after receiving an exemption from the state.
Tuesday, June 5, 2018
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California
San Francisco amended its “ban-the-box” law or Fair Chance Ordinance, further restricting an employer’s ability to consider criminal record information. The new restrictions prohibit employers from inquiring about, requiring disclosure of, or basing employment decisions on convictions for decriminalized behavior, including the non-commercial use and cultivation of marijuana. In addition, employers are prohibited from inquiring about, requiring disclosure of, or basing employment decisions on a person’s conviction history until after a conditional offer of employment.
Tuesday, June 5, 2018
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Pennsylvania
A federal district court in Philadelphia has ruled in Chamber of Commerce of Greater Philadelphia v. City of Philadelphia, No. 17-1548 (E.D. Pa. Apr. 30, 2018) that Philadelphia’s ban on salary history inquiries violates the First Amendment. The court, however, did not strike down the other major portion of the law, which prohibits employers from relying on salary history to set compensation. That piece of the law remains intact. The decision will likely have national implications as Philadelphia's law is similar to others around the country, including laws in California and New York City.
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.
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.
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.
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.”