Compliance Stuff

  Effective July 1, 2024, the minimum wage in Renton, Washington will increase to $20.29 per hour for large employers and $18.29 per hour for all other covered employers.   On February 13, 2024, voters in the City of Renton passed  Measure No. 23-02   which will require covered employers to pay employees the minimum wage for each worked within the city boundaries of Renton.   The two minimum wage schedules - one for  large employers  and another for  other covered employers . Large employers include employers with more than 500 employees worldwide and franchisees associated with a franchisor of more than 500 aggregate employees.    Other covered employers include the remaining covered employers who did not qualify as large employers. Notably, the minimum wage schedule for other covered employers has a multi-year phase-in period compared to large employers.     Source(s):  GovDocs , received on March 4, 2024;  cdn...

  Utah joins California, New Jersey, and New York enacting, H.B. 55, A law prohibiting confidentiality clauses regarding sexual misconduct.  H.B.55 adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non disparagement clauses regarding sexual misconduct (sexual assault or harassment) required as a condition of employment are against public policy, void and unenforceable.  H.B. 55 also prohibits an employer retaliating against an employee for: (1) making an allegation of sexual harassment or assault, or (2) refusing to enter into an agreement or employment contract that contains such nondisclosure or non-disparagement clause.   H.B.55 was signed into law on February 28, 2024, providing a retroactive effective date of January 1, 2023   Source(s):  Littler , received on March 4, 2024.

  The minimum wage rates for the City of Santa Fe and Santa Fe County, New Mexico will increase to $14.60 .   The city and county minimum wage rates adjust each year in accordance with the regional increase in inflation, which is calculated based off the percentage increase in the consumer price index (CPI-W) over the last 12 months.  The jurisdictions announce the upcoming minimum wage changes in the month prior, providing employers a short turnaround time to review and update employee wages.   Considering the quick turnaround time, employers should review the following key highlights of the local ordinances and upcoming minimum wage changes.   Source:  GovDocs , received on March 4, 2024.  

  Our department first brought the guidance up in our  February 1, 2024 Compliance Digest .   To assist employers in meeting the Workplace Violence Prevention Plan (WVPP) ( S.B. 553 ), Cal/OSHA, the organization that protects and improves the health and safety of working men and women in California,  published a model WVPP .  The WVPP is written for a “broad spectrum of employers,” so employers will need to revise to address specific needs of their workplace--using the model WVPP  does not ensure compliance   with the S.B. 553 requirements.  The requirements include more than having a plan in place.   Cal/Osha published  “Fact Sheets”  for workers and employers about workplace violence prevention “non-healthcare settings” industries and agricultural operation.   Source(s):  Shaw Law Group  received on March 4, 2024;  https://leginfo.legislature.ca.gov , accessed on March 8, 2024;  Cal/OSHA - Division of...

  The US Department of Labor made important updates addressing how it will enforce the statutes for the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).   The adjustments will affect all employers and are still relevant even in situations involving an employee located in a state offering more generous paid leave laws or stricter independent contractor requirements (Massachusetts, California, New York, and New Jersey.)   New Fact Sheets on FMLA Requirements Fact Sheet 28D :  Sets forth in clear terms an employer’s notice obligations when informed that an employee may need FMLA qualifying leave, and the consequences for not providing the required notices. Regardless of the reason for a covered leave, even if the employer has already decided to give the leave, the  employer must follow the notice requirement  or risk not having the leave be credited against their statutory obligations. An employer should provide detailed notice lett...

  On March 1, 2024, the Centers for Disease Control and Prevention (CDC)  announced that it is updating its COVID-19 guidance.  The CDC is no longer recommending that individuals who test positive for COVID-19 isolate for five days.    The agency will more inclusive to respiratory viruses, not only COVID-10, but also the flu and respiratory syncytial virus (RSV).   Under the new guidance, individuals should monitor themselves for various respiratory virus symptoms, including fever, chills, fatigue, cough, runny nose and headache.     Those who develop such symptoms are to stay home and away from others; but also advised that they can return to normal activities “when, for at least 24 hours," their symptoms are improving, and they have not had a fever without the use of fever-reducing medication.   The CDC's recommendations are now independent of whether an individual actually tested positive for COVID-19 or any other respiratory virus, and do...

    A federal judge for the US District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers' Enforcement Act (PWFA) against the State of Texas, holding that the U.S. Congress passed the law - part of the Consolidated Appropriations Act of 2023 - in violation of the US Constitution's quorum requirements.   To read more about the PWFA, please see the article above!   Texas also argued that a rule implemented by Congress in 2020 during the COVID-19 pandemic, which permitted non-present congressional members to vote by proxy and thus be counted toward  quorum  requirements was unconstitutional.  With the Northern Texas District agreeing with the US District Court, decided to block the enforcement.     The federal government has one week to appeal.   Source:  JDSupra , reported on March 1, 2024.

  Pregnant Workers Fairness Act (PFWA)   Going into effect June 27, 2023, the PFWA requires employers with 15 or more employees to provide reasonable accommodations to current and prospective employees with known limitations stemming from pregnancy, childbirth, or related medical conditions.  The protections are designed to fill the gaps between the protections that are already available to pregnant workers through ADA and Title VII of the Civil Rights of 1964.  Here are some examples that the PFWA may require for pregnant employees:   Allowing them to have water or food in the workplace; Reducing their lifting requirements; Providing pregnant workers the ability to sit; Allowing them additional breaks to use the bathroom, eat, and rest; Excusing them from activities that involve exposure to compounds unsafe for pregnancy; and Providing them with appropriately sized uniforms and safety apparel.   DOL Priority Agenda Released   The Department of Labor o...

  On February 29, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new resources to assist veterans and employers understand the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) OF 1974.   The Act prohibits federal contractors and subcontractors from engaging in discrimination in employment practices against veterans and requires employers to take action to provide equal opportunity in recruitment, hiring, promoting and retaining protected veterans.   View the updated resources by visiting  VEVRAA .   Source:  govdelivery.com ,  received on February 29, 2024.

  Employers in Columbus, OH will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024   This law applies to employers with 15 or more employees in Columbus, Ohio.   Source:  Ogletree Deakins , reported on February 28, 2024

  South Carolina employers that employ at least one person in the state have for many years been required to file quarterly reports with South Carolina Department of Employment and Workforce (SCDEW).  This Act will “improve the effectiveness of the workforce development in South Carolina.  It will also improve the states responsiveness to industry needs by providing workforce information and analysis to decision-makers and the public.”    New this year, however, employers must also include in those quarterly reports the Standard Occupational Codes (SOC) for each position, along with employee names, social security numbers, number of hours worked, and wages.    Employers that employ fewer than 10 individuals in South Carolina have the option of submitting this information electronically or by paper.    Every employer with at least 10 employees must submit this information electronically, unless a “hardship” exception applies. Employers are onl...

The Joint Employer Rule (by the NLRB) was scheduled to go into effect on Monday, February 26, 2024.  A Texas federal judge issued a two-week stay order pushing the effective date until March 11, while the judge considers a lawsuit to permanently block the rule.  In DC, there is another lawsuit challenging the National Labor Relations Board.   Source:  Ogletree Deakins , reported on February 27, 2024v

  The Equal Employment Opportunity Commission (EEOC) has announced that the 2023 EEO-1 data collection will open on Tuesday, April 30, 2024---with the deadline to submitting the required data being Tuesday June 2024.   The EEO-1 filing requirements and timeline apply to US Federal contractors with 50 or more employees and US Private Employers subject to the Civil Rights Act of 1964 with 100 or more employees.   To date, there is no expectation that the EEOC will collect compensation data during 2024 (as it was collected for 2017 and 2018).   Source:  DCi Consulting , reported on February 26, 2024.

  Federal law provides most of the well-known anti-discrimination laws: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans with Disabilities Act (“ADA”); and the Age Discrimination in Employment Act (“ADEA”). These laws prohibit employers from discriminating against an employee of the basis of a protected characteristic [race, sex, age, disability, etc.]. While these federal laws offer employee-plaintiffs a right to recover, they generally do not extend liability to individual employees of the corporate employer.   Pennsylvania Human Relations Act prohibits discrimination on the basis of race, sex, national origin, and disability, similar to Title VII and the ADA, but it extends liability to  individuals.      Section 955(e) of the PHRA prohibit “any person, employer, employment agency, labor organization, or employee to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory pr...

  Background check companies ("consumer reporting agencies") rely on searching indexes for criminal background checks in California state records and elsewhere. Effective February 23, 2024, Los Angeles County will no longer include even a partial date of birth (i.e. the month and year of birth) as criteria in its criminal name search engines. With that said, companies can expect both delays or “unperformable search” results, unless there is legislation to overcome the Court of appeal's opinion.   Source:  Littler , reported on February 23, 2024

  The Compliance Department reported this back in  January .     Inclusion in the pay data report depends on where your staff may live and/or report to work:   If employees/labor contractors telework outside of California but are assigned to a California establishment, they are to be included in the pay data report 1 ;   If employees/labor contractors telework from California and are assigned to an out-of-state establishment, they should be included in the report;   Employees/labor contractors assigned to a California establishment and who work at client sites out of state should be reported;   Employees/labor contractors who live in California but physically work at an establishment outside of CA  do not  need to be included in the report.   1  This includes all employees who work remotely and are not assigned to other locations, and thus are assigned by default to the company’s California HQ. In addition, if the remote w...