North Carolina worker misclassification law takes effect December 31

by Patricia Heyen

The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees.

The new law increases the potential impact of worker misclassification, including higher legal expenses and other costs. Worker misclassification remains a hot topic for employers and a priority for federal and state agencies. Workers who are classified as employees are provided certain protections under the law regarding issues like minimum wage, overtime pay, benefits, equal employment opportunities, and on-the-job injuries. Those protections don’t apply if a worker is an independent contractor.

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Nevada domestic violence leave law takes effect January 1

by Deanna L. Forbush

Nevada’s law requiring employers to provide victims of domestic violence time off, reasonable accommodations, and protection against discrimination and retaliation takes effect January 1.

Requirements, definitions

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Bill takes aim at forced arbitration of sexual harassment complaints

December 08, 2017 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law.

Often, employment contracts contain arbitration clauses that require disputes to be settled through arbitration instead of litigation. Also, complaint settlements frequently include nondisclosure agreements that keep claims out of the public eye. The new bill, called the Ending Forced Arbitration of Sexual Harassment Act, is intended to keep harassers from settling claims in secret and then continuing to harass.

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Maine’s minimum wage law change going into effect January 1

by Matthew Jacobson

Changes to the Maine minimum wage law taking effect January 1 mean that the minimum wage for tipped workers will continue to be $5 an hour instead of rising $1 an hour like the minimum wage for workers who don’t receive tips.

Maine voters approved Question 4 on the 2016 ballot. The initiative set in motion annual minimum wage increases that will take the minimum wage from $7.50 an hour in 2016 to $12 an hour by 2020. The rate going into effect on January 1, 2018, puts the nontipped minimum wage at $10 an hour, up from the 2017 rate of $9 an hour.

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Overtime law changing for Oregon manufacturing employers

by Cal Keith

Much of a new law affecting overtime pay in mills, factories, and manufacturing facilities in Oregon will take effect on January 1.

In most circumstances, employers in Oregon must pay overtime wages after an employee has worked 40 hours in a week, but mills, factories, and manufacturing facilities also face a daily overtime requirement after 10 hours. In December 2016, the Oregon Bureau of Labor and Industries (BOLI) changed its long-established interpretation of overtime rules for mills, factories, and manufacturing facilities to require employers to sometimes pay more overtime than under the previous interpretation.

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Categories: HR Hero Alerts / Oregon

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January 1 is key date for New York paid family leave law

Diversity Insight paid family leaveby Angelo D. Catalano

Employers in New York need to be ready to provide paid family leave (PFL) to eligible employees as of January 1.

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New minimum wage, paid sick leave requirements for Washington

by Cate DeJulio and Stephanie Holstein

Employers in Washington will be required to comply with a new minimum wage and offer paid sick leave beginning January 1, 2018.

Minimum wage

As a result of Initiative Measure (IM) 1433, approved by voters in November 2016, the state’s minimum wage will rise to $11.50 an hour on January 1, 2018, up from the $11 rate that went into effect on January 1, 2017. In 2019, the minimum wage will rise to $12 per hour, and in 2020, it will increase to $13.50. Beginning in 2021, the minimum wage will be adjusted annually to keep up with inflation.

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Delaware salary history law set to take effect

by Molly DiBianca

Delaware’s new law limiting employers’ ability to inquire about job candidates’ compensation history is set to take effect on December 14.

The law is intended to address pay disparities between men and women. Because women often make less than their male counterparts, the pay gap is perpetuated if women’s wages are based on salary history instead of a set range for a particular position. Thus, according to the theory, the new law will level the playing field.

The law prohibits employers from asking about an applicant’s salary history or using salary history as a screening criterion. A candidate may volunteer salary information, and the law explicitly allows employers to discuss and negotiate compensation. Once a job offer (including the terms of compensation) has been extended and accepted, the employer may inquire about the applicant’s salary history, but it may not use the information to make pay decisions.

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Deadline for OSHA’s electronic record-keeping rule nears

November 22, 2017 - by: HR Hero 0 COMMENTS

Certain employers are facing a December 15 deadline to submit injury and illness data to the Occupational Safety and Health Administration (OSHA).

The E-Recordkeeping and Anti-Retaliation Rule requires employers with large establishments (250 or more employees) and small establishments (20 to 249 employees) in certain “high hazard industries” to submit injury and illness data to OSHA through an electronic portal. An OSHA fact sheet published in June 2016 explains the new reporting requirement: read more…

New York City’s ‘Fair Workweek’ laws set to take effect

by Angelo D. Catalano
Coughlin & Gerhart, LLP

New York City fast-food and retail employers need to be ready for the city’s package of five new “Fair Workweek” laws when they go into effect on November 26. Following is a summary outlining the basics of the new laws.

Fast-food workers

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