The New York City Council passed the “Fair Workplace” legislative package, which regulates scheduling for fast food and retail employees.  Comprised of multiple separate bills, the legislation acts mostly to restrict fast food and retail employers’ ability to create and modify employee schedules. It also imposes penalties for employer violations, and requires fast food employers to pay specified premiums for scheduling variations that are made outside a delineated time frame.  

The Department of Fair Employment and Housing (DFEH) finalized new regulations limiting the ability of employers to consider criminal history when making employment decisions.

On April 19, 2017, The West Virginia Medical Cannabis Act (“Act”) became law. In addition to permitting patients to use marijuana for medicinal use, the Act contains anti-discrimination and retaliation provision as well as other provisions that impact West Virginia employers.  

Employees with valid concealed weapons permits now have the right to bring their licensed firearms into company parking lots.  You can no longer ban these employees from transporting or storing their firearms or ammunition inside their privately-owned vehicles as long as (1) the firearm is locked in the trunk, glove box, or an enclosed compartment within the vehicle, (2) the firearm and ammunition remain in the vehicle when the employees are in their vehicles, and (3) the vehicles are parked in a permitted location. You can still prohibit employees from carrying weapons in company-owned buildings and vehicles.

The Department of Labor has issued mandatory changes that impact the states of Idaho and Louisiana, which take effect in March 2017.

The Department of Labor has issued mandatory changes that impact the states of Idaho and Louisiana, which  take effect in March 2017.

Beginning September 11, 2017, Arkansas employers will have greater flexibility in the frequency with which they pay employee wages. Instead of paying employees only on a semimonthly basis, employers will be able to pay employees on a more frequent basis.   

Maine passed An Act to Delay the Implementation of Certain Portions of the Marijuana Legalization Act, delaying the effective date of most of the state’s recreational marijuana law until February 1, 2018. Among the provisions delayed are the anti-discrimination provisions, which prohibit employers from taking action against employees who consume marijuana “outside the employer’s property.” 

The New York Paid Family Leave Benefits Law ("PFL") is set to take effect January 1, 2018.  It will provide eligible employees up to 12 weeks of paid family leave to (1) care for a family member with a serious health condition, (2) bond with a child during the first twelve months after the child’s birth, adoption, or placement in foster care, or (3) attend to a “qualifying exigency.”  Leave will be funded through deductions taken from the pay of full-time and part-time employees.

The New York City Council has approved legislation  (Int. 1253-A) prohibiting employers from inquiring about, relying upon, and verifying a job applicant’s salary history.  The bill is similar to recently enacted laws in other jurisdictions, including Massachusetts, Puerto Rico, and Philadelphia.