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September & October 2018 HR Compliance Calendar

09/01/18

Author: ADP Admin/Thursday, August 30, 2018/Categories: Bulletin News

Below is a summary of compliance requirements that took effect recently or will take effect over the next couple of months. For more information on these topics, please see this month’s edition of the ADP Insights & Solutions Newsletter or the Newsletter Archive.

September 2, 2018:
Michigan’s Modified Pay Frequency Requirements for Monthly Paid Employees. Employees paid on a monthly pay frequency must be paid on the 1st of the month following the month in which the wages were earned.

September 6, 2018:
New York City’s Stop Sexual Harassment in NYC Act poster and information sheet requirements go into effect. Employers must display the anti-sexual harassment poster and distribute the information sheet on sexual harassment to employees and/or include it in their employee handbooks.

September 14, 2018:
South Carolina Pregnancy Accommodation Posting takes effect. Employers must provide written notice of the right to be free from discrimination for medical needs arising from pregnancy, childbirth or related medical conditions, to employees. The notice must also be conspicuously posted at the employer’s place of business in an area accessible to employees.

October 1, 2018:
Maryland Disclosing Sexual Harassment in the Workplace Act of 2018. Maryland bans employment contracts requiring sexual harassment claims to be resolved through private arbitration. It also mandates that large employers report certain information about sexual harassment settlements to the Maryland Commission on Civil Rights.

Alaska Statute 18.35.300 prohibits smoking in an enclosed area in places of employment and public places.

Austin, Texas's paid sick leave ordinance, which affects all private employers in the city, was set to take effect on October 1, 2018. The ordinance has been put on hold by state appeals court.

Berkeley, CA minimum wage increases to $15.00 per hour.

October 13, 2018: 
Massachusetts updated Ban the Box laws go into effect. The new law places an adjusted limitation on asking about misdemeanor convictions and bars asking about sealed or expunged criminal records. 

October 29, 2018:
New Jersey Paid Sick Leave Law takes effect. The law requires businesses of all sizes to provide up to 40 hours of paid sick leave to employees during an employer-established benefit year (a consecutive 12-month period determined by the employer).

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Regional Alerts

State Compliance Update, Alaska

Alaska Statute 18.35.300 prohibits smoking in an enclosed area in places of employment and public places.

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State Compliance Update, California

The California Supreme Court has broken with federal precedent once again in favor of its state employees, rejecting application of the Fair Labor Standard Act’s de minimis rule in a lawsuit seeking recovery of unpaid wages under California state law.

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Berkeley, CA has increased its minimum wage rate to $15.00 per hour effective October 1, 2018. You should increase the rate for-nonexempt employees paid below the new minimum wage rate on or before the effective date and if needed, order a new poster.

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California’s standard on “Hotel Housekeeping Musculoskeletal Injury Prevention” went into effect for California hotels and other lodging establishments on July 1, 2018. The standard is designed to control the risk of musculoskeletal injuries to housekeepers. The standard ...

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Since the salary history ban’s enactment in January 2018, California employers have struggled to understand the restrictions it imposes. Assembly Bill 2282 clarifies the intended meaning of several key terms.

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A new law California Law (AB 2770) gives employers leeway in speaking truthfully to prospective employers about whether candidates, while employed, engaged in sexual harassment. 

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State Compliance Update, Delaware

Businesses that employ 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week, must provide at least 60 days’ written notice before the business orders a mass layoff, plant closing or relocation if it will ...

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Delaware raises minimum wage to $8.75 per hour and creates a training minimum wage and a youth wage that is not more than $0.50 less than the minimum wage rate as of January 1, 2019. 

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State Compliance Update, Massachusetts

Massachusetts has passed a law that, over a period of five years, will: (1) raise the minimum wage to $15 per hour; (2) mandate paid family and medical leave for Massachusetts employees; and (3) phase out Sunday and holiday premium pay for retail employees. 

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State Compliance Update, New Jersey

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing. 

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State Compliance Update, New York

As a reminder, the New York City Fair Chance Act (“FCA”) specifically prohibits solicitation, advertisement or publication for employment that states any limitation or specification regarding criminal history, even if no adverse action follows. The FCA makes it an unlawful ...

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The "Stop Sexual Harassment in NYC Act" requires that all employers in New York City post an anti-sexual harassment rights and responsibilities poster. Employers must also provide an information sheet on sexual harassment to each employee at the time of hire or include the information in their ...

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The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers Need to Know” as guidance on the temporary schedule ...

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State Compliance Update, South Carolina

The South Carolina Human Affairs Commission (SCHAC) has published Frequently Asked Questions on the new state Pregnancy Accommodations Act. It also has published a new anti-discrimination poster that includes provisions required under the Act. 

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