Category Archives: Kentucky

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.

 

 

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.

 

Kentucky local minimum wage laws struck down

Over the past couple of years, two Kentucky cities (Louisville and Lexington) passed local minimum wage laws which required employers within those cities to pay a higher minimum wage than Kentucky’s state minimum wage of $7.25 per hour. These higher local minimum wage laws were challenged in court by various business interests.

In a recent decision (Kentucky Restaurant Ass’n, et al. v. Louisville/Jefferson Cty. Metro Gov’t), the Kentucky Supreme Court has ruled that the local minimum wage laws directly conflicted with the Kentucky minimum wage statute and were unenforceable. In other words, under Kentucky’s minimum wage law, Kentucky municipalities do not have the authority to implement laws establishing a higher minimum wage than the state minimum wage.

What this means for Kentucky employers

For now, Kentucky employers do not have to concern themselves with cities (or counties) passing a higher minimum wage than the state minimum wage. However, this reprieve may be short-lived, as government officials in both Louisville and Lexington have asked the Kentucky General Assembly to pass legislation authorizing cities to set a local minimum wage.

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.

 

Employee Provided FMLA Coverage Regardless of Company’s Size

The United States Sixth District Court of Appeal ruled that an employer was required to honor its promise of FMLA coverage, regardless of the employer’s size.  In Tilly v. Kalamazoo County, the court found that the employee had relied on the employer’s assurance of FMLA job protection prior to going out on leave.  The employee began his leave knowing that he was leaving in the midst of a big project.

At the beginning of his leave, an employer representative sent the employee a letter wherein he was told that he was “eligible for FMLA leave” and that it was “important that we [] utilize Family Medical Leave Act (FMLA) leave” during his time off.  The employer also provided him a “Notice of Eligibility and Rights & Responsibilities” form (the “Eligibility Notice”) with the box checked that the employer was “inform[ing]” him that he was “eligible for FMLA leave.”

The employer realized later that they, in fact, did not have 50 employees within a 75 mile radius and therefore, FMLA did not apply.  The employer then proceeded to terminate the employee citing the unfinished assignment as justification.

The employee sued the employer for violation of his FMLA rights.  The court found that the employer’s assurance that the employee was covered under the FMLA prevented the employer from later revoking the protections afforded under the FMLA, regardless of whether the employer actually had 50 or more employees.

 

Call-In Requirements Upheld: Kentucky, Michigan and Ohio

An employee who did not follow his employer’s call-in requirements under its attendance policy or provide an appropriate medical certification supporting his need for leave under the federal Family and Medical Leave Act has failed to establish a claim for interference with his FMLA rights. The Court ruled that an employer may enforce its customary notice and attendance procedures against an employee claiming FMLA-protected leave, unless unusual circumstances justify the employee’s failure to comply with the requirements.