Category Archives: Oregon

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

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

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

New 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

 

 

NEW RULES: Oregon BOLI Publishes Rules Regarding New Predictable Scheduling Law

Oregon’s Predictive Scheduling Law goes into effect on July 1, 2018.  This law applies to retail, hospitality, and food service employers with 500 or more employees worldwide, and governs the working schedules of non-exempt employees.

Starting July 1, 2018, these employers will be required to:

·         Provide employees a good faith estimate of their work schedule upon hire,

·         Post work schedules at least seven calendar days in advance (NOTE: Starting July 1, 2020, schedules must be posted 14 calendar days in advance),

·         Compensate employees for any changes to their schedules after that time period (subject to certain exceptions), and

·         Provide certain rights to rest between shifts. Continue reading NEW RULES: Oregon BOLI Publishes Rules Regarding New Predictable Scheduling Law

Is The Minimum Pay Required For Commissioned Employees To Qualify For An Overtime Exemption Increasing In Your State In 2018?

While the minimum pay required for commissioned employees to qualify for an overtime exemption is not changing in 2018, there are several states where the minimum pay requirements for a “commissioned employee overtime exemption” are increasing.

These increases (i.e. in California, Colorado, Minnesota, Oregon, Washington, and Washington DC) are occurring because the pay an inside or commissioned salesperson must receive to qualify for the inside or “commissioned” sales exemption (as established under state law) are scheduled to increase in 2018 (December 31st for New York employers).

Under the Fair Labor Standards Act (FLSA), in order for a commissioned salesperson to qualify for the FLSA’s 7(i) overtime exception (Commissioned Salesperson Exemption), the following three conditions must be met:

  1. The employee must be employed by a retail or service establishment, and
  2. The employee’s regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
  3. More than half the employee’s total earnings in a representative period must consist of commissions.

Unless all three conditions are met, the Commissioned Salesperson Exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay.

The below table sets forth the changes to the minimum salary requirements for exempt employees in these states.  In those instances where the state minimum salary requirements are lower than the above-listed FLSA requirements, the higher salary threshold applies for employers who are subject to FLSA in order for employees to qualify for an exemption under the FLSA. Continue reading Is The Minimum Pay Required For Commissioned Employees To Qualify For An Overtime Exemption Increasing In Your State In 2018?

Check to See if the Minimum Required Salary For Exempt Employees is Increasing In Your State

While the minimum salary requirements for “white collar” employees (executive, administrative, or professional employees) is not changing in 2018 (at least not until/unless the Department of Labor announces a new Overtime Rule), there are several states where the minimum salary requirements for exempt employees is increasing in 2018 (December 31st for New York employers).

These increases (i.e. in Alaska, California, Colorado, Maine, New York, and Oregon) are occurring because the minimum exempt salary rates for these employees (as established under state law) are scheduled to increase in 2018 (December 31st for New York employers).

Under the Fair Labor Standards Act (FLSA), the minimum salary requirements for white collar employees is as follows:

Payment Schedule Minimum Salary
Weekly $455
Bi-Weekly $910
Semi-Monthly $985.83
Monthly $1,971.66
Annual $23,660

Continue reading Check to See if the Minimum Required Salary For Exempt Employees is Increasing In Your State

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.

 

 

REMINDER – Pay Attention To Local Minimum Wage Laws

It’s a wage and hour obligation that’s familiar to all employers – the requirement to pay employees at least minimum wage for every hour worked.  It seems like a pretty simple obligation to meet, right?  Not necessarily.  With different state minimum wages and numerous localities passing local minimum wages, mistakes are easy to make and can be quite costly – as two rental car companies recently learned.

What happened?

Washington State Employees of two nationwide rental car companies (Hertz and Thrifty) filed a class action lawsuit against their employer claiming that the employers failed to pay the employees’ at least minimum wage in accordance with the minimum wage ordinance in SeaTac, Washington, which increased the minimum wage for Hospitality and Transportation employees in SeaTac to $15.00 per hour in 2015 (and adjusts the minimum wage for inflation in subsequent years).

This lawsuit was recently settled for $2 million dollars.

Why Do I Care?

As of July 2017, over 30 localities* have adopted local minimum wages above their state minimum wage. If you have operations in any of these localities, then you are required to pay all employees at least the local minimum wage.  It is recommended that you check the minimum wage in your locality and verify that you are in compliance with any local ordinance relating to minimum wage.

———————–

* Localities with local minimum wage:

  • Arizona: Flagstaff.
  • California: Berkeley, Cupertino, El Cerrito, Emeryville, Los Altos, Los Angeles County, Los Angeles, Malibu, Milpitas, Mountain View, Oakland, Palo Alto, Pasadena, Richmond, San Diego, San Francisco, San Jose, San Leandro, San Mateo, Santa Clara, Santa Monica, and Sunnyvale.
  • Illinois: Chicago and Cook County.
  • Maine: Portland.
  • Maryland: Montgomery County and Prince George’s County.
  • New Mexico: Albuquerque, Bernalillo County, Las Cruces, Santa Fe City, and Santa Fe County.
  • New York : New York City, Nassau County, Suffolk County, and Westchester County
  • Oregon: Portland Urban Growth Boundary.
  • Washington: SeaTac, Seattle, and Tacoma.

NEW LAW: Oregon Amends Manufacturing Overtime Rules

Oregon Governor Kate Brown recently signed House Bill 3458 into law.  This new law is intended to fix ambiguities in Oregon’s daily overtime law, which covers non-union employees working in mills, factories, and manufacturing establishments.

The daily overtime law requires Oregon employers with operations in mills, factories, and manufacturing establishments pay employees daily overtime after 10 hours of work.  These employees are also entitled to overtime compensation after 40 hours of work in the workweek.  The existing law did not, however, clearly address how overtime was to be paid if an employee earned both daily and weekly overtime compensation.

The new law clarifies that employees who are entitled to receive both daily and weekly overtime must be paid only the greater of the two, rather than both.  This “clarifying language” is effective immediately.

The new law also revises limits on weekly work hours for those employed in mills, factories, or other manufacturing establishments. Under the existing law, daily work hours in mills, factories, and manufacturing establishments are capped at 13 hours. Under the new law, absent an undue hardship, employers may not require employees to work more than 55 hours a week.  However, employees can agree in writing to work up to 60 hours a week.  Employers are also prohibited from disciplining employees who do not agree to work in excess of 55 hours a week.

The new weekly hours cap portion of the law goes into effect on January 1, 2018.

NEW LAW – Oregon Passes Employee Scheduling Law

Oregon has boldly gone where no state has gone before … and enacted scheduling legislation!

On August 8, 2017, Oregon Governor Kate Brown signed Senate Bill 828 into law. This new law employer scheduling practices in the food service, hospitality, and retail industries and goes into effect on July 1, 2018.

Under the new law, employers in the food service, hospitality, and retail industries who

  • operate in Oregon and
  • have at least 500 employees worldwide
    • NOTE: For the purposes of employee count, individual entities that comprise an Integrated Enterprise are considered a single employer.  In other words, a locally owned franchise (like McDonalds) will need to follow these rules although the franchise may only employ 30 employees.

will be required to provide their employees with a “written good faith estimate of the employee’s work schedule” at the time of hire. The estimate must be in the language the employer ordinarily uses to communicate with its employees and must include the following information:

  • The median number of hours the employee can expect to work in an average one-month period;
  • An explanation of the “voluntary standby list” (if the employer chooses to have one)
  • Indicate whether an employee who is not on the voluntary standby list can expect to work on-call shifts. If so, the estimate must set forth an objective standard for when an employee not listed on the voluntary standby list may be expected to be available to work on-call

The estimate may be based on a prior year schedule if it is a good faith estimate of seasonal or episodic work.

What is the “voluntary standby list”?

Under the law, employers may choose to implement a “voluntary standby list.” This is a list of employees who the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences. Before creating this list, the employer must notify each employee in writing:

  • That inclusion on list is voluntary;
  • How an employee may request to be removed from the list;
  • How the employer will notify a standby list employee of additional hours available
  • How an employee may accept the additional hours;
  • That the employee is not required to accept the additional hours offered; and
  • That an employee on the standby list is not eligible for additional compensation (provided under this law) for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.

Employees must “volunteer” (i.e. request in writing) to be included on the list following receipt of this notice. Employees can also request to be removed from the list at any time. Employers cannot retaliate against an employee not participating in the voluntary standby list.

When extra shifts become available, an employer may notify employees on the standby list through an in-person conversation, telephone call, email, text message, or other means of electronic or written communication of the opportunity. Employees on the list may decline the extra shift and an employer cannot retaliate against an employee for declining an extra shift.

Advance Notice of Scheduling

In addition to the initial estimate, employers are also required to give employees a written work schedule at least 7 calendar days prior to the first day on the schedule. NOTE: The advanced notice period changes to 14 calendar days advanced notice on July 1, 2020.

This schedule must contain all of the shifts an employee is required to work during the work period – including on-call shifts – and must also be posted in a conspicuous place in the workplace in English and in the language the employer typically uses to communicate with its employees.

If the employer makes changes to the to the written work schedule after the advance notice period (i.e. 7 calendar days prior to the first day of the work period), the employer must provide the employee with timely notice of the change by:

  • in-person conversation,
  • telephone call,
  • electronic mail,
  • text message or
  • other accessible electronic or written format.

The employee may decline any work shifts not included in the employee’s written work schedule. Employees may also submit written requests to be added to the written work schedule. These requests are not subject to the advance notice requirements.

If an employer makes changes to the written schedule after the advanced notice period, the employer will be required to pay additional compensation to the affected employees as follows:

  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, when the employer:
    • Adds more than 30 minutes of work to the employee’s work shift;
    • Changes the date or start or end time of the employee’s work shift with no loss of hours; or
    • Schedules the employee for an additional work shift or on-call shift.
  • One-half times the employee’s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:
    • Subtracts hours from the employee’s work shift before or after the employee reports for duty;
    • Changes the date or start or end time of the employee’s work shift, resulting in a loss of work shift hours;
    • Cancels the employee’s work shift; or
    • Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

The above penalties do not apply where:

  • An employer changes the start or end time of an employee’s work shift by 30 minutes or less;
  • An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. (Employers may require that work shift swaps or coverage be preapproved by the employer);
  • An employee requests changes to the employee’s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;
  • An employer makes changes to an employee’s written work schedule at the employee’s request;
  • An employer subtracts hours from an employee’s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee’s discipline in writing;
  • An employee’s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;
  • Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;
  • Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer’s control, including when the natural disaster or similar cause physically affects the work site;
  • Operations hours change or are substantially altered because a ticketed event is cancelled, rescheduled or changes in duration due to circumstances that are outside the employer’s control and that occur after the employer provides the written work schedule;
  • An employer requests that an employee on a voluntary standby list work additional
  • hours and the employee consents to work the additional hours.

Required Periods of Rest

The new law also mandates periods of rest between shifts as follows:

  • The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or
  • The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.

If an employee is required to work through the rest period, the employee must be paid at 1.5 times the employee’s regular rate of pay for each hour or portion of an hour that the employee works during a rest period. However, the penalties do not apply if an employee requests or voluntarily agrees to work during the period od rest.

Notice

The Oregon Bureau of Labor and Industries will be publishing a poster regarding the new law that employers will be required to post in a prominent location in the workplace.

Take Home For Employers

It is recommended that all affected Oregon employers review the scheduling rules under the new law.