Category Archives: Iowa

New Laws Effective July 1, 2018

 

 

 

 

 

 

 

 

 

Aside from the minimum wage increases, there are a number of new laws coming into effect on or after July 1, 2018.

State New Law
California SB 3 – Amends California’s paid sick leave law and extends California paid sick leave benefits to qualifying in-home supportive services (IHSS) workers.

Effective July 1, 2018

AB 1978 (California Property Service Workers Protection Act) – Requires all janitorial employers register with the DLSE on an annual basis.  Further requires all janitorial employers will also be required to maintain records with basic employee data (e.g. names and addresses, daily hours worked, wage information, and other conditions of employment) for three years and to educate their employees about the unlawfulness of sexual harassment and how to combat it.

Effective July 1, 2018

FEHA Regulations 2 CA ADC § 11027.1 & 2 CA ADC § 11028 – Expands California’s national origin protection regulations to include provisions regarding:

• a broad definition of national origin;
• language-restriction policies and English-only policies;
• accents;
• height and weight requirements
• immigration status

Effective July 1, 2018

Cal-OSHA Regulations – Amended to include a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention” and requires affected employers to establish, implement, and maintain an effective musculoskeletal injury prevention program (MIPP) that addresses hazards specific to housekeeping.

Effective July 1, 2018

Colorado HB 1229 — Expands state workers’ compensation law to clarify the definitions of “psychologically traumatic event” and “serious bodily injury.” This allows allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”

Effective July 1, 2018

Georgia HB 673 (Hands-Free Georgia Act) — Requires drivers (including employees driving for work purposes) to use hands-free technology when using cell phones and other electronic devices while driving.

Effective July 1, 2018

Idaho HB 527 — Provides that for purposes of the state’s labor and employment laws, a franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee, unless the franchise agreement of the courts state otherwise.

Effective July 1, 2018

SB 1287 — Amends the state noncompete law so that a company seeking injunctive relief against a “key” employee or independent contractor must establish a likelihood of irreparable harm before an injunction can be issued.

Effective July 1, 2018

HB 466 — Exempts minors working for immediate family members from Idaho’s minimum wage laws.

Effective July 1, 2018

Indiana HB 1286 — Provides that marketplace contractors are considered independent contractors under all Indiana state and local laws if certain conditions are met.

Effective July 1, 2018

SB 290 — Imposes new time frames for completing certain tasks and changes the way penalties are assessed for failing to maintain worker’s compensation insurance coverage on an employer’s workers.  It also extends the renewal period for Second Injury Fund wage replacement benefits from 150 weeks to three years.

Effective July 1, 2018

Iowa HF 2383 — Lowers the minimum alcohol concentration that can be considered a violation of an employer’s written policy providing for alcohol testing from 0.04 to 0.02

Effective July 1, 2018

HF 2240 — Allows employers to provide employees with wage statements by electronic means.  Employers may still provide wage statements via mail or make them available at the employees’ normal place of employment during normal business hours.

Effective July 1, 2018

Maryland SB 134 (Small Business Relief Tax Credit Bill) — Authorizes a tax credit against the State income tax for certain small businesses that provide to qualified employees paid earned sick and safe leave.

Applicable to tax years beginning after December 31, 2017

Massachusetts S.2119 (Massachusetts Act to Establish Pay Equity) — Amends the Massachusetts Equal Pay Act to clarify what constitutes unlawful wage discrimination and further strengthens the existing law by adding protections to ensure greater fairness and equity in the workplace.

Effective July 1, 2018

Mississippi SB 2459 – Extends military leave rights to members of the armed forces of any state (previously protected military leave rights were only provided to members of the US or Mississippi Armed Forces).

Effective July 1, 2018

New Hampshire HB 1319 (An Act Prohibiting Discrimination Based on Gender Identity) — Amends the New Hampshire Law Against Discrimination and prohibits employer discrimination because of an individual’s “gender identity.”
Effective July 8, 2018
New Jersey SB 104 (Diane B. Allen Equal Pay Act) — Amends the New Jersey Law Against Discrimination to expand its equal pay protections to all “protected classes.  Specifically, it prohibits, among other things, payment to any employee who is a member of a “protected class” at a rate of compensation, including benefits, which is less than the rate paid to employees who are not members of the protected class for substantially similar work.

Effective July 1, 2018

Oklahoma State Question 788 — Legalizes marijuana use for medical purposes in Oklahoma. Forbids employers from penalizing persons for holding a medical marijuana license unless failing to do so causes a loss of benefits under federal law. Allows employers to penalize license-holders who possess or use marijuana while at work.

Effective July 26, 2018

Oregon SB 828 (Predictable Scheduling Law) — Requires large employers (500+ employees worldwide) in food service, hospitality, and retail industries provide new employee with estimated work schedule and to provide current employee with seven days’ notice of employee work schedule.

Effective July 1, 2018

HB 2017 – Requires employers to withhold and remit 0.1% (one-tenth of one percent) of an employee’s wages to fund public transit projects throughout the state.  Applies to (1) all wages paid to any employee who is an Oregon resident, regardless of where he or she works and (2) all wages paid to any employee who is an Oregon resident, regardless of where he or she works.

Effective July 1, 2018

Rhode Island H.5413 (Healthy and Safe Families and Workplaces Act) – Requires Rhode Island employers to provide sick leave benefits to eligible employees.  For employers with 17 or fewer employees, the sick leave benefits are unpaid; while for employers with 18+ employees the sick leave benefits are paid.

Effective July 1, 2018

South Dakota SB 62 — Requires an employer to disclose a data breach within 60 days of discovering it to any South Dakota resident whose personal or protected information was or is reasonably believed to have been acquired by an unauthorized person.

Effective July 1, 2018

Tennessee SB 1967 — Provides that marketplace contractors are considered independent contractors under all Tennessee state and local laws if certain conditions are met.

Effective July 1, 2018

Vermont H.294 – Amends the Vermont Fair Employment Practices Act and prohibits employers from making salary history inquiries during the hiring process.

Effective July 1, 2018

H.333 — Requires all single-user bathrooms in public buildings or places of public accommodation to be marked as gender-neutral.

Effective July 1, 2018

H.511 — Legalizes the use (and possession) of marijuana for recreational purposes.  However, the legalization of marijuana for recreational purposes does not create any employment-related protections.

Effective July 1, 2018

H.707 — Makes numerous changes to Vermont’s laws related to sexual harassment, including:

·         Requires that a working relationship with a person hired to perform work or services be free from sexual harassment;

·         Prohibits employment contracts from containing provisions that prevent an employee from disclosing sexual harassment or waive an employee’s rights or remedies with respect to a claim of sexual harassment;

·         Prohibits agreements to settle a sexual harassment claim from including provisions that prevent an employee from working for the employer or an affiliate of the employer in the future;

·         Requires an agreement to settle a claim of sexual harassment to state that it does not prevent the employee from reporting sexual harassment to an appropriate governmental agency, complying with a discovery request or testifying at a hearing or trial related to a claim of sexual harassment, or exercising his or her right under State or federal labor law to engage in concerted activity for mutual aid and protection; and

·         Permits the Attorney General or Human Rights Commission to inspect a place of business or employment for purposes of determining whether the employer is complying with the law related to sexual harassment

Effective July 1, 2018

Virginia HB 146  — Extends the rights regarding (i) leaves of absence from nongovernmental employment, (ii) reemployment, and (iii) employment nondiscrimination that are currently provided to members of the Virginia National Guard and the Virginia Defense Force and residents of Virginia who are members of the National Guard of another state to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia.

Effective July 1, 2018

HB 1527 — Requires state and private employers to allow officers or employees who are volunteer members of the Civil Air Patrol to provide “Civil Air Patrol Leave” on all days during which such officer or employee is (i) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays per federal fiscal year.

Effective July 1, 2018

SB 672 – Amends Virginia’s mini-COBRA law to exclude covered employees terminated for gross misconduct.

Effective July 1, 2018

HB 1293 — Increases the penalty for failing to file quarterly unemployment wage or tax reports from $75 to $100.

Effective July 1, 2018

Wyoming HB 0010 — Limits workers’ compensation coverage of nonresident (out-of-state) employers.

Effective July 1, 2018

 

 

Iowa “Relaxes” Drug and Alcohol Testing

As many employers in Iowa know, the state has one of the more detailed and complex laws when it comes to drug and alcohol testing. In fact, Iowa has a reputation for having the toughest drug and alcohol testing statute in the country with policy and training requirements, permissible types of testing, and written notice requirements for positive test results.  However, effective July 1, 2018, Iowa will loosen the reins slightly to give employers more latitude when it comes to alcohol testing.

Iowa Drug and Alcohol Testing

Iowa’s drug and alcohol testing law permits employers to test for a wide-range of purposes including random and unannounced, reasonable suspicion, post-accident, and when an employee seeks to return after completion of rehabilitation.  However, prior to conducting any testing, employers must adopt a comprehensive drug and alcohol testing program.  This program includes: Continue reading Iowa “Relaxes” Drug and Alcohol Testing

2018 MINIMUM WAGE CHECK-UP

With various cities and counties having enacted local minimum wages and 18 states (Alaska, Arizona, California, Colorado, Florida, Hawaii, Maine, Michigan, Minnesota, Montana, Missouri, New Jersey, New York*, Ohio, Rhode Island, South Dakota, Vermont, Washington) are increasing their own minimum wages on January 1st (December 31st for New York), employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective January 1, 2018.

employer PAYS $1.50/hr towards medical benefits$11.91

Federal $7.25
State City/County  Amount?
Alabama  $7.25
Alaska*  $9.84
Arizona* — all cities/counties except …  $10.50
Flagstaff* $11.00
Arkansas  $8.50
California* — all cities/counties except …                                  small employer (25 or less) $10.50
large employer (26 or more) $11.00
Berkeley  $13.75
Cupertino* $13.50
El Cerrito*  $13.60
Emeryville                                           small employer (55 or less) $14.00
large employer (56 or more) $15.20
Los Altos* $13.50
Los Angeles                                         small employer (25 or less) $10.50
large employer (26 or more) $12.00
Malibu                                                  small employer (25 or less) $10.50
large employer (26 or more) $12.00
Milpitas* $12.00
Mountain View* $15.00
Oakland $12.86
Palo Alto* $13.50
Pasadena                                             small employer (25 or less) $10.50
large employer (26 or more) $12.00
Richmond*                                             employer does NOT pay $1.50/hr towards medical benefits $13.41
employer PAYS $1.50/hr towards medical benefits $11.91
Sacramento*                                      small employer (100 or less) $10.50
large employer (101 or more) $11.00
San Diego $11.50
San Francisco $14.00
San Jose* $13.50
San Leandro $13.00
San Mateo*                                                 For-profit organizations $13.50
Non-profit organizations $12.00
Santa Clara* $13.00
Santa Monica                                       small employer (25 or less) $10.50
large employer (26 or more) $12.00
Sunnyvale* $15.00
Los Angeles County                            small employer (25 or less)

unincorporated areas                            large employer (26 or more)

$10.50

$12.00

Colorado* $10.20
Connecticut $10.10
Delaware $8.25
Florida* $8.25
Georgia $7.25
Hawaii* $10.10
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago $11.00
Cook County

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine* — all cities/counties except … $10.00
Portland $10.68
Maryland — all cities/counties except … $9.25
Montgomery County $11.50
Prince George’s County $11.50
Massachusetts $11.00
Michigan* $9.25
Minnesota* — all cities/counties except … “small employers” (employers with an annual sales volume of less than $500,000) $7.87
“large employers” (employers with an annual sales volume of $500,000+) $9.65
Minneapolis                                         large employer (101 or more) $10.00
Mississippi $7.25
Missouri $7.85
Montana* $8.30
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey* $8.60
New Mexico — all cities/counties except … $7.50
Albuquerque*                                             employer provides benefits $7.95
employer does NOT provide benefits $8.95
Las Cruces* $9.45
Santa Fe $11.09
Bernalillo County*unincorporated areas                                             employer provides benefits $7.85
employer does NOT provide benefits $8.85
Santa Fe County unincorporated areas $11.09
New York**  “Upstate” employers (excluding fast food employees) $10.40
“Downstate” employers (excluding fast food employees) $11.00
“Small” NYC employers (excluding fast food employees $12.00
Fast food employees outside NYC $11.75
“Large” NYC employers (excluding fast food employees) $13.00
Fast food employees inside NYC $13.50
North Carolina $7.25
North Dakota $7.25
Ohio* $8.30
Oklahoma $7.25
Oregon — all cities/counties except … $10.25
Portland $11.25
Nonurban Counties 

(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)

$10.00
Pennsylvania $7.25
Rhode Island* $10.10
South Carolina $7.25
South Dakota* $8.85
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont* $10.50
Virginia $7.25
Washington* — all cities/counties except … $11.50
City of SeaTac* (hospitality and transportation workers) $15.64
Seattle* $14.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.50
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$15.45
Tacoma* $12.00
Washington DC $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective January 1, 2018

** = increase in minimum wage effective December 31, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

 

 

New Laws Effective July 2017

Labor Laws in the Workplace as Concept

Aside from the minimum wage increases, there are a number of new laws coming into effect in July 2017. While many of these have been addressed in detail in previous articles, the following is a summary of the new laws/regulations that may be going into effect in your state …

State New Law
Arizona House Bill 2322 — For purposes of the state’s labor and employment laws, a franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee, unless the franchisor agrees, in writing, to assume that role. Effective July 6, 2017
Proposition 206 (Fair Wages and Healthy Families Act) — Arizona workers accrue and have the legal right to use a minimum amount of paid sick time each year. Effective July 1, 2017
California Applicant/Employee Criminal History Regulations – New regulations relating to when an employer can (and cannot) use an applicant’s or employee’s criminal history in hiring and other employment decisions. Effective July 1, 2017
Transgender Identity and Expression Regulations — New regulations relating to the rights of transgender employees in the workplace, how to resolve certain situations associated with transgender employees. Employers are also required to respect the names, genders, and pronouns preferred by employees for identification purposes and cannot require individuals to provide documentation of sex, gender, gender identity, or gender expression as a condition of employment. Effective July 1, 2017
New Workplace Notices for Barbering and Cosmetology Establishments – This notice must be posted in the workplace. Available in English, Spanish, Korean, Vietnamese. Effective July 1, 2017
New Domestic Violence Workplace Notice – Employers with 25+ employees must provide employees with this notice or (for existing employees) upon request. Available in English and Spanish. Effective July 1, 2017
Florida Senate Bill 370 (Civil Air Patrol Leave) — Employers with 15+ employees must provide up to 15 days of unpaid Civil Air Patrol Leave to eligible employees. Effective July 1, 2017
Georgia Senate Bill 201 (“Family Caregiver” Leave) — Employers with 25+ employees who provide sick leave benefits (i.e. sick leave or PTO) must allow their employees to use up to five days of these benefits per year “to care for an immediate family member.” Effective July 1, 2017
House Bill 243 — Georgia localities (i.e. cities, counties, municipalities, etc.) cannot require employers to pay employees “predictive pay” (e.g. to compensate employees for changes to an employee’s schedule). Effective July 1, 2017
Indiana Senate Bill 312 – Indiana localities (i.e. cities, counties, municipalities, etc.) cannot bar employers from inquiring about criminal history at the time of initial employment or requiring the candidate to disclose such information. Effective July 1, 2017
Iowa Senate File 444 – Using a handheld electronic communication device to write, read, or send an electronic message, including texts or social media posts, while driving is prohibited. Effective July 1, 2017
Senate File 32 – Use of hair samples for pre-employment workplace drug-testing is permissible. Effective July 1, 2017
Montana Senate Bill 326 — Employer cannot inquire or consider about an applicant’s criminal history until after a conditional offer of employment has been made. In addition, unless a criminal background check of an applicant is required for a license or otherwise prior to hiring for employment, an employer cannot disqualify an applicant solely or in part because of a prior conviction unless certain criteria are met. Effective July 1, 2017
Nevada Assembly Bill 113 — Employers must provide reasonable unpaid break time for covered employees (breastfeeding employees with children under one year of age) to express breast milk as needed. Effective July 1, 2017
New Hampshire House Bill 194 – Employers are required to pay all wages due to employees at regular intervals not to exceed 14 days. (previously it was within eight days following the week in which the work was performed.) Effective July 11, 2017
New York New York Paid Family Leave Benefits Law – Employers may start collecting the weekly employee contribution for paid family leave. (Employees cannot start using this leave until January 1, 2018) Effective July 1, 2017
South Dakota Senate Bill 137 — A franchisee or an employee of a franchisee is not considered an employee of the franchisor Effective July 1, 2017
Vermont Senate Bill 69 — Employers are required to make child support payments directly to the appropriate out-of-state agency upon receipt of a Court order. Effective July 1, 2017
House Bill 261 — Employers cannot ask questions about criminal history on job applications (except under limited circumstances). Criminal history inquiries can only be made during an interview or once the applicant has been deemed otherwise qualified for the position.   If a candidate with a criminal history is eligible for the job, that individual must be given the opportunity to explain that history, including any post-conviction rehabilitation. Effective July 1, 2017
Senate Bill 16 – Authorized medical marijuana users expanded to include persons suffering from post-traumatic stress disorder, Parkinson’s disease, and Crohn’s disease Effective July 1, 2017
Washington Senate Bill 5289 (Distract Driving Law) – Individuals are banned from “using” (e.g. holding in either or both hands; using a hand of finger to compose, send, browse, access or retrieve messages or other data; or watching a video) cell phones and related devices while driving. Effective July 1, 2017
Senate Bill 5835 – Employers with 15+ employees must provide reasonable accommodations for pregnant workers unless doing so would impose an undue hardship. Employers also cannot discriminate and retaliate against employees who request, decline, or use any such accommodation. Effective July 23, 2017
West Virginia Senate Bill 76 – Employers receive limited civil immunity for hiring convicted felons and persons in reduced misdemeanor status. Effective July 8, 2017
House Bill 2857 (West Virginia Safer Workplace Act) – Clarifies that drug/alcohol testing prospective and current employees is legal and makes it easier for employers to conduct drug and alcohol testing without violating the law. Effective July 1, 2017
Senate Bill 386 (West Virginia Medical Cannabis Act) — Legalizes medical marijuana use for persons with a qualifying medical condition and protects employees from discrimination based on their certification for medical marijuana use. However, employers are not be required to make any accommodations for the use of medical marijuana at the workplace. Effective July 6, 2017
Wyoming Senate File 94 — Franchisors are only considered employers of either a franchisee or a franchisee’s employees if agreed to in writing by the franchisor and franchisee. Effective July 1, 2017

New Iowa Law Prohibits Local Municipalities From Enacting Local Minimum Wages

Effective March 30, 2017, Iowa municipalities are prohibited from adopting any ordinance providing for terms or conditions of employment (eg minimum or living wages, employment leave, hiring practices, employment benefits and scheduling practices) that exceeds or conflicts with state or federal laws.  This change is the result of House File 295.

This new law affects all counties with minimum wage laws, including Johnson, Polk, Linn and Wapello counties (all of whom recently passed their own minimum wage laws).  This new law nullifies those local minimum wage laws.

While this new law creates a uniform minimum wage (currently $7.25) for the state of Iowa, employers in Johnson, Polk, Linn and Wapello counties (who already complied with the higher minimum wage rates) are left with the decision to keep or retract the increased minimum wages for their employees.

2017 Minimum Wage Increases — Cities and Counties

In an earlier article (“State Minimum Wage Increases for 2017“), we provided a breakdown of the increases to State minimum wage that are going into effect on January 1, 2017 (December 31, 2016 for New York).

In addition to these minimum wage increases, several cities (and some counties) have their own “local minimum wages” which are also increasing in the new year.

Minimum Wage as of November 21, 2016 Scheduled Increase for January 1, 2017
Arizona Cities
Flagstaff $8.05 No increase 1/1/17        To increase 7/1/17 — $12.00
California Cities/Counties
County of Los Angeles $10.00 No increase 1/1/17         To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17         To increase 7/1/17 — $12.00
County/City of San Francisco $13.00 No increase 1/1/17 To increase 7/1/17 — $14.00
Berkeley Alameda County $12.53 No increase 1/1/17 To increase 10/1/17 — $13.75
Cupertino Santa Clara County $10.00 $12.00
El Cerrito Contra Costa County $11.60 $12.25
Emeryville Alameda County $13.00 No increase 1/1/17        To increase 7/1/17 — $14.00
small employer (55 or less)
large employer (56 or more) $14.82 No increase 1/1/17      May increase 7/1/17 based on CPI
Long Beach LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17 To increase 7/1/17 — $12.00
Los Altos Santa Clara County $10.00 $12.00
Los Angeles LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Mailbu Los Angeles County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Mountain View Santa Clara County $11.00 $13.00
Oakland Alameda County $12.55 No increase 1/1/17
Palo Alto Santa Clara County $11.00 No increase 1/1/17
Pasadena LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Richmond Contra Costa County $11.52 $12.30
San Diego San Diego County $10.50 $11.50
San Jose Santa Clara County $10.30 No increase 1/1/17
small employer (25 or less)
large employer (101 or more) $10.30 $10.50
San Leandro Alameda County $10.00 No increase 1/1/17        To increase 7/1/17 — $12.00
San Mateo San Mateo County $10.00 $12.00
For profit companies
small Non profit companies (25 or less) $10.00 No increase 1/1/17
large Non profit companies (26 or more $10.00 $10.50
Santa Clara Santa Clara County $11.00 No increase 1/1/17
Santa Monica LA County $10.00 No increase 1/1/17        To increase 7/1/17 — $10.50
small employer (25 or less)
large employer (26 or more) $10.50 No increase 1/1/17        To increase 7/1/17 — $12.00
Sacramento Sacramento County $10.00 No increase 1/1/17         To increase 1/1/18 — $10.50
small employer (25 or less)
large employer (26 or more) $10.00 $10.50
Sunnyvale Santa Clara County $11.00 $13.00
Illinois Cities/Counties
Cook County $8.25 No increase 1/1/17        To increase 7/1/17 — $10.00
Chicago $10.50 No increase 1/1/17        To increase 7/1/17 — $11.00
Iowa Counties
Johnson County $9.15 $10.10
Linn County $7.25 $8.25
Polk County $7.25 No increase 1/1/17        To increase 4/1/17 — $8.75
Wapello County $7.25 $8.20
Maine Cities
Bangor $7.50 $9.00
Portland $10.10 $10.68
Maryland Counties
Montgomery County $10.75 No increase 1/1/17        To increase 10/1/17 — $11.50
Prince George’s County $10.75 No increase 1/1/17        To increase 10/1/17 — $11.50
New Mexico Cities/Counties
Bernalillo County $8.65 No increase 1/1/17
Santa Fe County $10.91 No increase 1/1/17
Albuquerque $8.75 No increase 1/1/17
Las Cruces $8.40 $9.20
Santa Fe $10.91 No increase 1/1/17
New York Cities/Counties
“Upstate” employers (excluding fast food employers) $9.00 for all employees but fast food employees $9.70
“Upstate” Fast Food employers $9.75 for fast food employees only $10.75
“Downstate” employers (excluding fast food employers) $9.00 for all employees but fast food employees $10.00
“Downstate” Fast Food employers $9.75 for fast food employees only $10.75
New York City “small” employers (excluding fast food employers) $9.00 for all employees but fast food employees $10.50
New York City “large” employers (excluding fast food employers) $9.00 for all employees but fast food employees $11.00
New York City Fast Food employers $9.75 for fast food employees only $12.00
~ “Upstate” = employers in all counties “upstate” from the greater NYC area              ~ “Downstate” = employers in Nassau, Suffolk and Westchester Counties                    ~ “Small” NYC employers = employers with 10 or fewer employees                            ~ “Large” NYC employers = employers with 11 or more employees
Oregon Cities/Counties
Nonurban Counties
(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)
$9.50 No increase 1/1/17        To increase 7/1/17 — $10.00
Portland $9.75 No increase 1/1/17        To increase 7/1/17 — $11.25
Washington Cities
City of SeaTac (hospitality and transportation workers) $15.00 No increase 1/1/17
Seattle
small employer (500 or less) $12.00 $13.00
large employer (501 or more) $13.00 $15.00
Tacoma $10.35 $11.15

Recommendation for Employers

It is recommended that employers in the above-listed cities/counties prepare for these minimum wage increases.  In addition, if your city/county is not listed on this chart, we recommend that you check with your local Chamber of Commerce to determine the minimum wage in your city.

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

Employer Dos and Don’ts for Elections

In a previous article (Does Your State Require Voting Leave?), we broke down which states require employers to provide employees with time off to vote. In addition to these voting leave laws, many states have other laws in place that regulate what employers can, and more importantly, what an employer cannot do with respect to an election.

Below is a summary of the applicable laws for each state:

Alabama Employers may not:

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election and

·         Seek to examine an employee’s ballot.

Alaska Employer may not threaten to inflict damage, harm, or loss to induce an employee to vote or refrain from voting in an election.
Arizona Employers may not

·         Coerce employees to support (or not) a referendum or recall;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Arkansas Employers may not use threats or efforts to intimidate individuals with respect to whether and how they choose to vote.
California Employers may not

·         Prevent an employee from participating in politics;

·         Direct the political activities or affiliations of an employee; or

·         Threaten to discharge an employee for engaging or refusing to engage in certain political activity.

Colorado Employers may not

·         Threaten to discharge employees because of their political party affiliation;

·         Create or enforce a policy to prevent an employee from participating in politics; or

·         Discharge an employee for voting in an election or advocating for a particular candidate or political viewpoint while off duty.

Connecticut Employers may not discipline or discharge employees for exercising their First Amendment rights.
Delaware Employers may not coerce any employee with respect to his political activity.
Florida Employers may not

·         Discharge or threaten to discharge employees for how they voted in an election.

·         Use coercion to get an employee to register to vote or support a certain candidate.

Georgia Employers may not

·         Coerce employees to support (or not) a recall;

·         Use threats or efforts to intimidate individuals with respect to whether and how they choose to vote.

Hawaii Employers may not use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election.
Idaho Employers may not use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election.
Illinois Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Keep records relating to employees’ off-duty political activities, unless the employee gives authorization and/or provides those records to the employer

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

Indiana Employers may not

·         Coerce employees to support (or not) a referendum or recall;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Attempt to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Iowa Employers may not use coercion to get an employee to register to vote, to support a certain candidate, or to sign a petition.
Kansas Employers may not coerce any employee with respect to his political activity.
Kentucky Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Distribute any materials stating that employees are expected to vote for a particular candidate; or

·         Attempt to induce employees to vote a certain way in a state election.

Louisiana Employers may not

·         Threaten to discharge employees or otherwise intimidate employees because of their political party affiliation;

·         Allow an employee’s political contributions to affect his employment (including compensation)

Employers with 20+ employees may not

·         Prevent employees from participating in politics;

·         Control employees’ political activities or affiliations; or

·         Threaten to discharge employees if they support certain political parties or activities

 

Maine No laws relating to politics in the workplace
Maryland Employers may not

·         Influence employees’ voting activity through intimidation or bribery;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace

Massachusetts Employers may not coerce any employee with respect to his political activity.
Michigan Employers may not

·         Use coercion (e.g. Threatening to discharge an employee; reducing an employee’s compensation or benefits; punitively changing an employee’s schedule or job description; reducing compensation) to influence an employee’s vote in an election

·         Keep records relating to employees’ off-duty political activities, unless the employee gives authorization and/or provides those records to the employer or the records pertain to activities that took place at work

Minnesota Employers may not coerce any employee with respect to his political activity.
Mississippi Employers may not interfere with the political rights of employees.
Missouri Employers may not

·         Coerce any employee with respect to his or her political activity or

·         Prevent employees from engaging in political activities.

Montana Employers may not coerce any employee with respect to his political activity.
Nebraska Employers may not

·         Coerce any employee with respect to his political activity or

·         Close the business as a result of election results.

Nevada Employers may not

·         Prohibit employees from engaging in politics or serving in public office

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

New Hampshire Employers may not coerce any employee with respect to his political activity.
New Jersey Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees;

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace; or

·         Require employees to attend employer-sponsored political meetings.

New Mexico Employers may not coerce any employee with respect to his political activity.
New York Employers may not punish an employee for his off-duty political activities.
North Carolina Employers may not

·         Coerce any employee with respect to his political activity;

·         Punish an employee for his off-duty use of “lawful products” (which could include comments made on social media).

North Dakota Employers may not punish an employee for his off-duty political activities.
Ohio Employers may not

·         Coerce any employee with respect to his political activity; or

·         Attempt to influence an employee’s political beliefs.

Oklahoma Employers may not coerce any employee with respect to his political activity.
Oregon Employers may not coerce any employee with respect to his political activity.
Pennsylvania Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Rhode Island Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

South Carolina Employers may not coerce any employee with respect to his political activity.
South Dakota Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Tennessee Employers may not

·         Coerce any employee with respect to his political activity;

·         Distribute materials intended to coerce employees to vote in a certain way

Texas Employers may not coerce any employee with respect to his political activity.
Utah Employers may not

·         Coerce any employee with respect to his political activity;

·         Include with employees’ paychecks any statements to influence the political opinions or actions of employees; or

·         Display any notice within 90 days before an election that attempts to influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Vermont Employers may not coerce any employee with respect to his political activity.
Virginia Employers may not

·         Require employees to donate money to political action committees as a condition of employment; or

·         Coerce any employee with respect to his political activity.

Washington Employers may not

·         Interfere with an employee’s efforts to support or oppose a political effort

·         Use payroll contributions or salary increases for the purposes of funding political activities; or

·         Coerce any employee with respect to his political activity.

Washington DC Employers may not coerce any employee with respect to his political activity.
West Virginia Employers may not

·         Require employees to donate money to political action committees as a condition of employment; or

·         Influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Wisconsin Employers may not

·         Coerce any employee with respect to his political activity; or

·         Influence employees to support (or not) a particular candidate by stating that if a candidate succeeds, there will be consequences in the workplace.

Wyoming Employers may not coerce any employee with respect to his political activity.

 

Does Your State Require Voting Leave?

With the 2016 Election under three weeks away (Tuesday, November 8, 2016), employers should anticipate that employees will request time off to vote. Depending on the state, an employer may be required to provide voting leave to an employee.

The below table shows which states provide voting leave and which states do not.

No Voting Leave Provided Unpaid Voting Leave Paid Voting Leave
·         Connecticut ·         Alabama ·         Alaska
·         Delaware ·         Arkansas ·         Arizona
·         Florida ·         Georgia ·         California
·         Idaho ·         Kentucky ·         Colorado
·         Indiana ·         Massachusetts ·         Hawaii
·         Louisiana ·         Mississippi ·         Illinois
·         Maine ·         New Mexico ·         Iowa
·         Michigan ·         North Dakota ·         Kansas
·         Montana ·         Ohio ·         Maryland
·         New Hampshire ·         Wisconsin ·         Minnesota
·         New Jersey   ·         Missouri
·         North Carolina   ·         Nebraska
·         Oregon   ·         Nevada
·         Pennsylvania   ·         New York
·         Rhode Island   ·         Oklahoma
·         South Carolina   ·         South Dakota
·         Vermont   ·         Tennessee
·         Virginia   ·         Texas
·         Washington   ·         Utah
·         Washington DC   ·         West Virginia
    ·         Wyoming

In states where voting leave is required, state law dictates the conditions under which voting leave must be provided, if at all. The laws also set forth the amount of time that an employee must receive for this type of leave. As demonstrated above, depending on the state, the leave may be paid or unpaid.

It is recommended that all employers check the voting leave laws in their states prior to election day and provide training to managerial employees on compliance with this law.

DOL Partnership regarding worker misclassification — 34 States and Counting

Thirty-five states have agreed to “team up” with the US Department of Labor to investigate worker misclassification. Is your state one of them?

In 2015, Department of Labor launched an initiative to combat the misclassification of employees as independent contractors. As a part of this initiative, the Department of Labor sought to partner with the state agencies and agree to share information and conduct joint investigations regarding independent contractor misclassification. To date, 35 states have entered into a memorandum of understanding regarding worker misclassification issues.

These states are:

  • Alabama
  • Alaska
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Florida
  • Hawaii
  • Idaho
  • Illinois
  • Iowa
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

What does this mean for employers in these states?

Employers in the above-listed states should expect collaborative efforts between their state agencies and the Department of Labor during a investigation into potential employee misclassification as the state and the Department of Labor will share information. This could lead to simultaneous, multi-agency investigations into worker classification. It is recommended that companies have qualified legal counsel review any existing independent contractor arrangements. In addition, before entering into an independent contractor relationship, speak with an HR Professional or qualified legal counsel to verify that the worker truly is an independent contractor.

Minimum Wage Mid-Year Check-Up

With various cities and counties enacting local minimum wages and 4 states increasing their own minimum wages this summer, employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective July 1, 2016.

 

Federal $7.25
State City County  Amount?
Alabama  $7.25
Alaska  $9.75
Arizona  $8.05
Arkansas  $8.00
California — all cities/counties except …  $10.00
Berkeley Alameda County  $11.00
El Cerrito* Contra Costa County  $11.60
Emeryville* Alameda County
small employer (55 or less) $13.00
large employer (56 or more) $14.82
Long Beach* LA County $10.50
large employer (26 or more)
Los Angeles* LA County $10.50
large employer (26 or more)
Mountain View Santa Clara County $11.00
Oakland Alameda County $12.55
Palo Alto Santa Clara County $11.00
Pasadena* LA County $10.50
large employer (26 or more)
Richmond Contra Costa County $11.52
San Diego San Diego County $10.50
San Francisco* SF County $13.00
San Jose Santa Clara County $10.30
Santa Clara Santa Clara County $11.00
Santa Monica* LA County $10.50
large employer (26 or more)
Sunnyvale* Santa Clara County $11.00
Los Angeles County* $10.50
large employer (26 or more)
Colorado $8.31
Connecticut $9.60
Delaware $8.25
Florida $8.05
Georgia $7.25
Hawaii   $8.50
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago* $10.50
Indiana $7.25
Iowa — all cities/counties except … $7.25
Johnson County $9.15
Kansas $7.25
Kentucky — all cities/counties except … $7.25
Lexington Lexington-Fayette County $8.20
Louisville $8.25
Louisiana $7.25
Maine — all cities/counties except … $7.50
Portland $10.10
Maryland* — all cities/counties except … $8.75
Montgomery County $9.55
Prince George’s County $9.55
Massachusetts $10.00
Michigan $8.50
Minnesota “small employers” (employers with an annual sales volume of less than $500,000) $7.25
“large employers” (employers with an annual sales volume of $500,000+) $9.00
increases 8/1/2016 “small employers” (employers with an annual sales volume of less than $500,000) $7.75
“large employers” (employers with an annual sales volume of $500,000+) $9.50
Mississippi $7.25
Missouri $7.65
Montana $8.05
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey $8.38
New Mexico — all cities/counties except … $7.50
Albuquerque $8.75
Las Cruces $8.40
Santa Fe $10.91
Bernalillo County $8.65
Santa Fe County $10.91
New York $9.00
North Carolina $7.25
North Dakota $7.25
Ohio $8.10
Oklahoma $7.25
Oregon* — all cities/counties except … $9.75
Portland* $9.75
Nonurban Counties* (Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties) $9.50
Pennsylvania $7.25
Rhode Island $9.60
South Carolina $7.25
South Dakota $8.55
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont $9.60
Virginia $7.25
Washington — all cities/counties except … $9.67
City of SeaTac (hospitality and transportation workers) $15.00
Seattle $12.00
small employer (500 or less)
large employer (501 or more) $13.00
Tacoma $10.35
Washington DC* $11.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective July 1, 2016

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.