Category Archives: Massachusetts

NEW GUIDANCE: Massachusetts Department of Family and Medical Leave Publishes FAQs on Massachusetts Paid Family and Medical Leave Law

As we previously reported (in “NEW LAW – Paid Family and Medical Leave Coming to Massachusetts“), starting in 2021,  employees will be able to begin collecting paid family and medical leave benefits.

While the Massachusetts Department of Family and Medical Leave  is not required to publish its proposed regulations relating to the  Massachusetts Paid Family and Medical Leave Law until March 31, 2019, it has published FAQs for both employers and employees relating to the new program.

These FAQs clarify some of the questions that people have had about this new program — most importantly —

  • What are the employer’s contribution limits?
    • The employer’s contribution will be limited to 0.63% on the first $128,400 of an individual’s annual earnings ( this figure may be adjusted annually)

and

  • When in 2021 employees are able to start collecting these benefits
    • On January 1, 2021, employees can begin claiming benefits for bonding with a child or newborn; service-member related events; and dealing with the employee’s own serious health condition; and
    • On July 1, 2021, employees can begin claiming benefits to care for a family member with a serious health condition.

The FAQs can be found here for employers and here for employees.

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: New Requirements For Leave For Veterans In Massachusetts

On November 7, 2018, Massachusetts’  “BRAVE Act” (An Act Relative to Veterans Benefits, Rights, Appreciation, Validation and Enforcement) goes into effect.  This law changes an employer’s obligation  to grant leave to veterans on Veterans Day and Memorial Day.

Under the old law, which went into effect in 2016, employers were required to grant veterans time off on Veterans Day and Memorial Day to participate in an exercise, parade, or service in their community.  For employers with 50 or more employees, this time off was to be paid.

Under the new law, employers are required to provide Veterans with time off for  Veterans Day and Memorial Day as follows: Continue reading NEW LAW: New Requirements For Leave For Veterans In Massachusetts

NEW LAW — Massachusetts Restricts Non-Compete Agreements

On August 3, 2018, Massachusetts governor Charlie Baker signed the Massachusetts Noncompetition Agreement Act (see Section 24L)  into law.  This new law, which goes into effect on October 1, 2018, places new limitations on non-compete agreements between employers and employees.

First, under the new law employers are prohibited from entering into post-termination non-compete agreements with the following types of employees:

  • Non-exempt employees,
  • Employees who are terminated without cause (including as a result of a layoff),
  • Interns and
  • Minors.

For all other employees , the scope of any non-compete agreement is limited as follows: Continue reading NEW LAW — Massachusetts Restricts Non-Compete Agreements

NEW LAW – Paid Family and Medical Leave Coming to Massachusetts

On June 28, 2018, Massachusetts Governor Charlie Baker signed House Bill 4640 (the so-called “Grand Bargain”) into law.  Among other things, this new law will bring Paid Family and Medical Leave to Massachusetts starting on January 1, 2021.

Who is eligible to take Paid Family and Medical Leave?

This new leave law covers nearly all private sector employees.

What leave benefits are available?

Under this new leave law, starting January 1, 2021, eligible employees can take the following leave in a benefit year:

  • Up to 20 weeks of job-protected paid medical leave to care for their own serious health condition;
  • Up to 12 weeks of job-protected paid family leave

o    to care for a family member with a serious health condition,

o    to bond with the employee’s child during the first 12 months after the child’s birth or the first 12 months after the placement of the child for adoption or foster care with the employee, or

o    because of any qualifying exigency arising out of an employee’s family member being active duty or notification of an impending call or order to be in the Armed Forces; and

  • Up to 26 weeks of job-protected paid family leave to care for a covered servicemember.

This leave entitlement is subject to a combined maximum of twenty-six weeks of total leave in a year, which means that employees cannot take more than 26 weeks of paid family and medical leave in one benefit year.

Does Paid Family and Medical Leave run concurrently with federal FMLA or other mandated leaves of absence?

Yes.  Paid family and medical leave will run concurrently with both federal FMLA and Massachusetts Parental Leave.  However, if an employee takes Paid Family and Medical Leave but, at the time, is ineligible for federal FMLA may still take FMLA in the same benefit year, but only if the employee is eligible to take FMLA.

Is there a waiting period for taking Paid Family and Medical Leave?

In most circumstances, there is a 7-day waiting period before an employee can take paid family and medical leave.  During that period, employees may use accrued sick leave or vacation pay or other paid leave.

The only exception is where an employee wants to take medical leave during pregnancy or recovery from childbirth.  The employee will be able to take paid family and medical leave if the employee’s need for leave is immediate and the employee provides documentation from her medical provider.

What are the employee’s return to work rights?

Following the employee’s return from leave, the employee must be restored to the same or equivalent positions that he/she previously held.

How is the Paid Family and Medical Leave program funded?

The program will be funded through a payroll tax, which will be split between employers and employees.

Employees will be required to cover 100% of the contributions for family leave and 40% of the contributions for personal medical leave.

Employers with over 25 employees will be responsible for paying 60% of the contributions for personal medical leave.

Employers with 25 or less employees will not be required to contribute towards personal medical leave, but they will still be required to deduct the payroll tax from employees’ wages.

These contributions will begin on July 1, 2019.

Key Terms

  • Family member: The spouse, domestic partner, child, parent or parent of a spouse or domestic partner of the employee; a person who stood in loco parentis to the employee when he/she was a minor child; or a grandchild, grandparent or sibling of the employee.
  • Benefit year: the 52-consecutive week period beginning on the Sunday preceding the first day the protected leave begins
  • Serious health condition: An illness, injury, impairment or physical or mental condition that involves

o    Inpatient care in a hospital, hospice or residential medical facility; or

o    Continuing treatment by a health care provider.

  • “Qualifying exigency: A need arising out of a covered individual’s family member’s active duty service or notice of an impending call or order to active duty in the Armed Forces, including, but not limited to

o    Providing for the care or other needs of the military member’s child or other family member,

o    Making financial or legal arrangements for the military member,

o    Attending counseling,

o    Attending military events or ceremonies,

o    Spending time with the military member during a rest and recuperation leave or following return from deployment or

o    Making arrangements following the death of the military member.

Take Home for Employers

While these leave rights are several years away, all Massachusetts employers need to start preparing for paid family and medical leave.  In the coming months, we expect that there will be guidance released to help employers prepare for this leave.

NEW LAW: Massachusetts to Increase Minimum Wage with Grand Bargain

On June 28, 2018, Massachusetts governor Charlie Baker signed House Bill 4640 (the so-called “Grand Bargain”) into law.  Among other things, this new law will increase Massachusetts’ minimum wage to $15.00 per hour and tipped employee minimum wage to $6.75 by January 1, 2023.

Under the new law, Massachusetts’ minimum wage will increase in accordance with the following schedule:

Date Minimum Wage Increase Tipped Employee Minimum Wage Increase
January 1, 2019 $12.00 $4.75
January 1, 2020 $12.75 $4.95
January 1, 2021 $13.50 $5.55
January 1, 2022 $14.50 $6.15
January 1, 2023 $15.00 $6.75

In addition to increasing the minimum wage, the new law also updates (and ultimately eliminates) Massachusetts’ blue laws, which currently require employers pay retail employees time-and-one-half for hours worked on Sundays and holidays.  This will be accomplished by decreasing the premium by 10% until it is eliminated in 2023.  The decrease is illustrated below:

Date Blue Law Premium Decrease
January 1, 2019 1.4 times employees regular rate of pay
January 1, 2020 1.3 times employees regular rate of pay
January 1, 2021 1.2 times employees regular rate of pay
January 1, 2022 1.1 times employees regular rate of pay
January 1, 2023 Blue Law Premium Eliminated

Take Home for Employers

Employers should start making preparations for this increase in minimum wage, as a failure to pay employees at least minimum wage can result in hefty penalties.

 

 

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

 

 

Massachusetts Enlarges the “Ban” in its Ban-the-Box Law

In an amendment to its 8-year old ban-the-box law, Massachusetts will further restrict employers’ ability to inquire about applicants’ criminal histories. The amendments will take effect October 13, 2018.

Current Law

Massachusetts law currently prohibits employers from asking about an applicant’s criminal history on the initial application for employment (so called “ban-the-box”). Even after the initial written application, employers are prohibited from asking about the following types of criminal history:

  1. An arrest, detention, or disposition regarding any violation of law in which no conviction resulted;
  2. A first offense for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; and
  3. Any conviction of a misdemeanor where the date of conviction, or the completion of any period of incarceration resulting therefrom, occurred five or more years prior to the date of the application, unless such person has been convicted of any offense within the preceding five-year period.

Amendments to the Law Continue reading Massachusetts Enlarges the “Ban” in its Ban-the-Box Law

New Laws Effective in 2018

Aside from the minimum wage increases, there are a number of new laws going into effect in the new year.

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
California AB 46 – Amends the California Equal Pay Act to define “employer” to include public and private employers.

Effective January 1, 2018

AB 168 – Adds §432.3 to the California Labor Code, which prohibits employers from inquiring into and relying on an applicant’s salary history during the hiring process.

Effective January 1, 2018

AB 260 & SB 225 – Makes two changes the Human Trafficking required notice: (1) additional businesses (including hotels, motels, and bed and breakfast inns) are required to post the notice and (2) the notice must include a text number to access support and services.

Effective January 1, 2018

AB 450 – Employers are prohibited from providing ICE agents with access to their worksite and/or records without a warrant.

Effective January 1, 2018

AB 1008 – Amends the California Fair Employment and Housing Act to include a “ban-the-box” provision, which prohibits employers from inquiring about an applicant’s criminal history before the employer has made a conditional offer of employment.

Effective January 1, 2018

AB 1701 – Adds §218.7 to the California Labor Code, which requires direct contractors to assume liability for unpaid wages, benefits, and/or contributions owed by its subcontractors.

Effective January 1, 2018

AB 1710 – Expands protections to members of the military and veterans by prohibiting employers from discriminating against these individuals in the terms and conditions of employment.

Effective January 1, 2018

SB 63 (New Parent Leave Act) – Requires employers who employs 20+ employees within 75 miles of a worksite provide eligible employees with up to 12 weeks of unpaid parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.  Employers are not required to provide this leave to employees who are eligible for CFRA and FMLA.

Effective January 1, 2018

SB 258 (Cleaning Product Right to Know Act of 2017) – Requires employers who are required to make a safety data sheet readily accessible to its employees also provide employees with information regarding exposure to potentially harmful chemicals in designated cleaning products.

Effective January 1, 2018

SB306 – Authorizes the DLSE to commence an investigation of an employer, with or without a complaint being filed, when retaliation or discrimination is suspected during the course of a wage claim or other specified investigation being conducted by the Labor Commissioner.

Effective January 1, 2018

SB396 – Amends the California Fair Employment and Housing Act to require employers with 5+ employees post a notice in the workplace regarding transgender rights.  Also requires employers with 50+ employees to include harassment based on gender identity, gender expression, and sexual orientation in their anti-harassment training programs.

Effective January 1, 2018

Connecticut HB 7037 – Requires employers to provide information regarding child support garnishments to their workers’ compensation carrier when making an initial report of occupational illness or injury to the carrier.

Effective January 1, 2018

Delaware HS 1 — Prohibits employers from inquiring into and relying on an applicant’s salary history during the hiring process.

Effective December 14, 2017

Hawaii SB 1007 – Changes the reporting frequency of withheld income tax from monthly reporting to quarterly reporting for all employers.

Effective January 1, 2018

Illinois SB 318 – Prohibits employers from (1) using (or requiring an applicant/employee provide) genetic information in employment decisions (2) discriminating against an employee because of genetic information or testing, or (3) retaliating against an employee who refuses to disclose genetic information.

Effective January 1, 2018

SB 1895 – Prohibits employers from disciplining or terminating an employee who also serves as a volunteer emergency medical services personnel or as a volunteer firefighter by his or her employer for responding to an emergency call or emergency text message during work hours that requests the employee’s volunteer emergency medical services or volunteer firefighter services.

Effective January 1, 2018

Maine LD 1477 – Requires the Department of Labor and the Maine Human Rights Commission develop and make available a training guide setting forth the sexual harassment training requirements for employers’ use and increases the penalties imposed on employers for violating the notice and sexual harassment training requirements.

Effective November 1, 2017

LD 88 – Delayed the effective date of certain portions of the Maine Marijuana Legalization Act until 2/1/2018.

Effective February 1, 2018

Massachusetts HB 3680 (Massachusetts Pregnant Workers Fairness Act) – Prohibits workplace and hiring discrimination related to pregnancy and nursing, and requires employers to provide reasonable accommodations for expectant and new mothers in the workplace.

Effective April 1, 2018

SB 2119 – Amends the Massachusetts Equal Pay Act by (1) requiring employers to provide “equal pay” for “comparable” work, (2) prohibiting inquiries into an applicant’s salary history.

Effective July 1, 2018

Nevada AB 76 – Amends the existing law to remove the requirement that the Central Repository provide certain criminal history information to employers and repeals certain immunities previously provided to employers.

Effective January 1, 2018

SB 361 – Requires Nevada employers to provide employees who are victims of domestic violence with up to 160 hours of domestic violence leave in a 12-month period.

Effective January 1, 2018

New York SB 2543 – Extends the anti-smoking provisions of Public Health Law § 1399-n (which prohibits smoking in certain public areas) to include “vaping” and the use of e-cigarettes.

Effective November 22, 2018

AB A9006C & SB 6406 – Requires employers to provide eligible employees with up to 12 weeks of Paid Family Leave in a 12-month period for qualifying reasons.

Effective January 1, 2018

North Carolina SB 407 (Employee Fair Classification Act) – Creates the Employee Classification Section within the Industrial Commission, which will be responsible for investigating suspected employee misclassification.  Also requires employers post notice relating to employee misclassification.

Effective October 1, 2017

Ohio Admin. Code 4141-11-01 – Requires employers provide all quarterly contribution and wage reports electronically.

Effective January 1, 2018

Oregon HB 3008 — Prohibits employer from requiring employee to create, file or sign documents containing information that employer knows is false related to hours worked or compensation received by employee.

Effective January 1, 2018

SB 299 – Amends the Oregon paid sick leave law to allow employers to limit number of hours of sick time that employees may accrue per year.

Effective January 1, 2018

SB 769 – Enhances protections for the privacy of social security numbers by prohibiting persons (including employers) from disposing of (or transferring to another person for disposal) materials that display an individual’s Social Security number unless (1) before disposing of the material, the person makes Social Security number unreadable or unrecoverable or (2) the person ensures that person that ultimately disposes of media or material makes Social Security number unreadable or unrecoverable.

Effective January 1, 2018

SB828 — Requires large employers in specified industries (employers with 500+ employees in retail, hospitality, and food services) to provide new employee with estimated work schedule and to provide current employee with seven days’ notice of employee work schedule.

Effective July 1, 2018

Rhode Island HB 5182 & SB 175 — Prohibits the use of a non-hands-free personal wireless communication device while operating a motor vehicle, except for public safety personnel or in an emergency situation

Effective June 1, 2018

HB 5413 & SB 290 (Paid Sick Leave Law) — Requires employers with eighteen (18) or more employees to provide three (3) paid sick days in 2018, four (4) paid sick days in 2019 and five (5) paid sick days thereafter.

Effective July 1, 2018

SB 676 — Creates a statutory vehicle for the creation and functioning of workers’ cooperatives which are corporations that are owned and democratically governed by their members.

Effective January 1, 2018

Utah SB 249 — Requires employers to file a quarterly withholding return in an electronic format

Effective January 1, 2018

Vermont HB 136 — Requires employers provide a reasonable accommodation for an employee’s pregnancy-related condition, unless the accommodation would impose an undue hardship on the employer.

Effective January 1, 2018

HB 462 — Prohibits employers from requiring, requesting, or coercing an employee to provide a social media account username or password, or to present or divulge social media content to the employer. Also prohibits employers from requiring or coercing an employee to add the employer to his or her list of contacts for a social media account.

Effective January 1, 2018

Virginia HB 1646 & SB 1333 – Reduces the maximum portion of an employee’s disposable earnings subject to garnishment.

Effective July 1, 2018

Washington Initiative No. 1433 (Paid Sick Leave Law) – Requires employers to provide paid sick leave to eligible employees.

Effective January 1, 2018

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.