Category Archives: Hiring

NEW LAW: Suffolk County, New York Bans Salary History Inquiries

New York’s Suffolk County recently passed a county ordinance prohibiting employers from inquiring into an applicant’s salary history as a part of the hiring process.

Under this new law, which goes into effect on June 30, 2019, employers are prohibited from

  • Inquiring about a job applicant’s wage or salary history, including but not limited to, compensation and benefits.
    • “to inquire” means to ask an applicant or former employer orally, or in writing, or otherwise or to conduct a search of publicly available records or reports.
  • Relying on the salary history of an applicant for employment in determining the wage or salary amount for such applicant at any stage in the employment process, including at offer or contract.

By passing this new law, Suffolk County becomes the fourth locality in New York State to enact a salary history ban law (joining New York City, Westchester County, and Albany County).  To date, New York State has NOT enacted a statewide salary history ban law.

It is recommended that employers in Suffolk County verify that all employment application materials are updated to remove any requests for salary history – including job applications and job interview scripts.  In addition, all employees who are involved in the hiring process are trained about the new requirement and informed that they are not allowed to inquire into applicant’s salary history.

NEW LAW: New Jersey To Incrementally Increase Minimum Wage to $15.00 Per Hour

On February 4, 2019, New Jersey Governor Phil Murphy signed A15 into law –making New Jersey the latest state to jump on the $15 per hour minimum wage bandwagon.

Under this new law, New Jersey’s minimum wage will increase as follows:

  • July 1, 2019 — increases to $10.00 per hour
  • January 1, 2020 — increases to $11.00 per hour
  • January 1, 2021 — increases to $12.00 per hour
  • January 1, 2022 — increases to $13.00 per hour
  • January 1, 2023 — increases to $14.00 per hour
  • January 1, 2024 — increases to $15.00 per hour

The minimum wage rate for tipped employees  will also increase as follows:

  • July 1, 2019 — increases to $2.63 per hour
  • January 1, 2020 — increases to $3.13 per hour
  • January 1, 2021 — increases to $4.13 per hour
  • January 1, 2022 — increases to $5.13 per hour
  • January 1, 2023 — increases to $5.13 per hour
  • January 1, 2024 — increases to $5.13 per hour

It is recommended that all New Jersey employers prepare for these increases.

NEW LAW: Predictive Scheduling Coming to Philadelphia

Philadelphia Mayor Jim Kenney recently signed the Fair Workweek Employment Standards Ordinance into law. The new law, which goes into effect on January 1, 2020, will impact employee scheduling if the employer:

  • Is in the retail, hospitality, or food service industries;
  • Has 250 or more employees (including full and part-time); and
  • Has 30 or more locations worldwide in.

Employers must provide newly hired employees a “Good-faith” estimate of their work schedule which includes:

  • The average number of work hours the employee can expect to work each week over a typical 90-day period.
  • The expectation to work any on-call shifts,
  • Days and times the employee can typically expect to work and when they can expect to be off work.
  • A written work schedule through the end of the currently posted work period (provided before the first day of work).

Continue reading NEW LAW: Predictive Scheduling Coming to Philadelphia

REMINDER: Massachusetts Employers Have New Requirements For Tipped Employees

As we reported earlier (in NEW LAW: Massachusetts to Increase Minimum Wage with Grand Bargain), the Massachusetts’ “Grand Bargain” legislation increased the state minimum wage and the “service  rate” (tip credit) that tipped employees could receive.  Effective January 1, 2019, the minimum wage in Massachusetts increased to $12 per hour and the “service rate” increased to $4.35 per hour.

Under Massachusetts law, employees who make at least $20 per month in tips can be paid a “service rate” provided that (1) they are notified in writing that they will be paid the service rate and (2) the employee’s total wages (the service rate plus all tips earned in the shift) equal or exceed minimum wage. Continue reading REMINDER: Massachusetts Employers Have New Requirements For Tipped Employees

NEW LAW: Connecticut Employers, Remember That The New Pay Equity Law Prohibits Salary History Inquiries

On January 1, 2019, Connecticut’s new pay equity law went into effect.  Under this new law, Connecticut employers are prohibited from inquiring into a prospective employee’s salary/wage history.  This includes, but is not limited to:

  • Including inquiries about salary history on an employment application;
  • Directly asking a candidate for employment about his/her salary history during the interview process;
  • Directly asking a candidate’s former employer about the candidate’s salary history; and
  • Using a third party to inquire into an applicant’s salary history.

Employers are still able to inquire about components of an applicant’s former compensation structure (e.g. retirement benefits, stock option plans), but the employer cannot ask about the value of the individual components. Continue reading NEW LAW: Connecticut Employers, Remember That The New Pay Equity Law Prohibits Salary History Inquiries

NEW LAW: Michigan Amends Improved Workforce Opportunity Act

Earlier this year, we reported that Michigan had passed a new paid sick leave law (NEW LAW: Michigan To Incrementally Increase Minimum Wage to $12.00 Per Hour).  In this article, we cautioned employers that since the law that was initially passed was scheduled to be a ballot initiative (the  Michigan Minimum wage Initiative) in the November 2018 election, the Michigan legislature would likely amend the law (and in amending the law, would make substantial changes to the minimum wage increase).

Well, the Michigan legislature did not disappoint.  On December 14, 2018, Michigan Governor Rick Snyder signed Senate Bill 1171 (the Improved Workforce Opportunity Act) into law.  This new law while it still increases Michigan’s minimum wage to over $12.00 per hour, it changes the planned increase in two important ways: Continue reading NEW LAW: Michigan Amends Improved Workforce Opportunity Act

NEW GUIDANCE: California Pay Equity Task Force Issues Guidelines for Complying with the California Equal Pay Act

In January 2016, SB 358, the amended version of the California Equal Pay Act, took effect. The California Equal Pay Act requires all California employers pay the same wage to employees who perform “substantially similar work” the same wage regardless of gender, ethnicity or race.   Under this law, employers are also required to provide an applicant with a pay scale for a position following a “reasonable request.”  Finally, it prohibits employers from requesting an applicant’s prior salary history and from relying on an applicant’s salary history alone to justify a disparity in compensation “based on sex, race or ethnicity.”

Following the effective date of the amended California Equal Pay Act, the California Commission on the Status of Women and Girls launched a Pay Equity Task Force tasked with the responsibility of monitoring the implementation of the new law.  Recently, this task force issued written guidance for employees, employers and unions on how they may comply with the California Equal Pay Act. Continue reading NEW GUIDANCE: California Pay Equity Task Force Issues Guidelines for Complying with the California Equal Pay Act

NEW GUIDANCE: Final Rules Regarding Oregon’s Equal Pay Law Issued

On November 19, 2018, the Oregon Bureau of Labor and Industries released its final administrative rules interpreting the Oregon Equal Pay Law.  These rules are intended to help employers comply with the Oregon’s Equal Pay Law, which goes into effect on January 1, 2019.

As we previously reported (in NEW LAW – Oregon’s New Equal Pay Act), the Oregon’s Equal Pay Law prohibits pay discrimination on the basis of protected class (i.e. race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age) and it also prohibits employers from using an applicant’s salary history as a screening tool for open positions and/or as a determining factor in an employee’s wages.  Under this law, employers can only inquire about an applicant’s salary history after making a job offer that includes a compensation amount. Continue reading NEW GUIDANCE: Final Rules Regarding Oregon’s Equal Pay Law Issued

NEW LAW – St. Paul To Increase Minimum Wage to $15 Per Hour

Attention St. Paul employers, on November 14, 2018, Mayor Melvin Carter signed Ordinance 18-54 into law that will increase minimum wage to $15 per hour by between 2022 and 2027.

Under the new law, minimum wage in St. Paul will increase in accordance with the following schedule:

Employer Size Year Scheduled Increase
10,001+ employees January 1, 2020 $12.50
July 1, 2022 $15.00
101 to 10,000 employees July 1, 2020 $11.50
July 1, 2021 $12.50
July 1, 2022 $13.50
July 1, 2023 $15.00
6 to 100 July 1, 2020 $10.00
July 1, 2021 $11.00
July 1, 2022 $12.00
July 1, 2023 $13.00
July 1, 2024 $14.00
July 1, 2025 $15.00
5 or fewer July 1, 2020 $9.25
July 1, 2021 $10.00
July 1, 2022 $10.75
July 1, 2023 $11.50
July 1, 2024 $12.25
July 1, 2025 $13.25
July 1, 2026 $14.25
July 1, 2027 $15.00

 

NEW LAW: Michigan Legalizes Recreational Marijuana

On November 6, 2018, voters in Michigan passed Proposal 18-1 (the “Michigan Regulation and Taxation of Marihuana Act,” which legalized the recreational use* of marijuana for individuals 21 and over.  With the passage of this new law, which goes into effect 10 days after election results are officially certified, there are now 10 states** (and Washington DC) that have legalized recreational marijuana.

While the new law certainly brings new concerns into the Michigan workplace, as employers will undoubtedly be concerned about how to respond to an employee’s use of marijuana outside of work, the new law contains several provisions that are helpful to employers. Continue reading NEW LAW: Michigan Legalizes Recreational Marijuana