Compliance Corner

On January 2, 2019, Michigan announced that the effective date of the minimum wage increase to $9.45 per hour will be March 29, 2019. The minimum cash wage required to be paid to tipped employees will increase to $3.59 on this same date.

In September 2018, the Michigan legislature adopted as law a proposed ballot measure that would require employers to provide their employees paid leave to be used for “sick” and “safe” time purposes, and other reasons. The law has been amended. The law, now known as the Paid Medical Leave Act, requires covered employers to provide up to 40 hours of paid medical leave per year to eligible employees.

Maine law requires employers to annually provide their employees with notice of the employer’s sexual harassment policy. The employer’s policy must contain, for example, the definition of harassment (with examples), the employer’s internal complaint mechanism, the Maine Human Rights Commission’s complaint process, and an anti-retaliation statement.

Effective January 1, 2019, Washington D.C residents will be required to obtain health insurance or pay a penalty. Washington D.C. has joined Massachusetts, New Jersey and Vermont (effective 2020) in passing an individual health mandate requiring residents to have “minimum essential coverage” (MEC) or face a tax penalty.

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning the effective date, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI. BOLI has published a final rule (guiding regulations) to implement the Act. While the Final Rule clarifies and provides guidance regarding key provisions of the Act, as discussed below, it omits any references to the provision of most interest to Oregon employers: the pay equity analysis safe harbor provision.

New York’s laws regarding organ and tissue donation have been amended. The law prohibits insurers from discriminating in life, accident, and health insurance based on a person’s status as a living organ or tissue donor. In addition, the law authorizes the use of paid family leave benefits for organ or tissue donation procedures.

Joining New York City, Albany County, and Westchester County, Suffolk County has become the latest jurisdiction in New York to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants.