Compliance Corner
Wednesday, June 6, 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.
Wednesday, June 6, 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.
Wednesday, June 6, 2018
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Massachusetts
On March 1, 2018, the Massachusetts Office of the Attorney General issued its much-anticipated guidance on the state’s new pay equity law, set to take effect on July 1, 2018. The Massachusetts pay equity legislation amended the state’s Massachusetts Equal Pay Act (MEPA). Among other things, the amendment changed the definition of comparable work, prohibited employers from asking applicants about salary history, and established a safe harbor for employers who conduct pay audits. The Attorney General’s Guidance does not have the legal force of a regulation, but it provides clear insight into how the Attorney General’s Office views the law and will enforce it.
Wednesday, June 6, 2018
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Maine
On May 2, 2018, the Maine Legislature overrode Governor Paul LePage’s veto and enacted An Act to Implement a Regulatory Structure for Adult Use of Marijuana (“the Adult Use Act”). The Adult Use Act deletes the anti-discrimination provision that prohibited Maine employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person’s “consuming marijuana outside the . . . employer’s . . . property.”
Wednesday, June 6, 2018
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Washington
On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit held in Rizo v. Yovino that prior salary alone—or in combination with other factors—cannot justify a wage differential between male and female employees under the Equal Pay Act. No. 16-15372 (Apr. 9, 2018). This Rizo decision overturns a 2017 Ninth Circuit decision, which held that prior salary was a permissible “factor other than sex” under the Equal Pay Act. The Rizo decision is now the federal law across the Ninth Circuit jurisdiction - Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Wednesday, June 6, 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.
Wednesday, June 6, 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).
Wednesday, June 6, 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.”
Wednesday, June 6, 2018
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Vermont
Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose salary and benefit history under legislation (H.B. 294) signed by Governor Phil Scott on May 11, 2018. The new law also bars employers from seeking an applicant’s salary history without applicant authorization.
Wednesday, June 6, 2018
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Washington
Responding to the national “#MeToo” movement, Washington has enacted several new workplace laws primarily intended to protect victims of sexual harassment. The first new law bars employers from requiring employees— as a condition of employment—to enter into agreements that would limit the employee’s ability to report sexual harassment or sexual assault.