In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for the payment of home health aides working 24-hour shifts. Under this rule, an employer may pay home health aides for only 13 hours of a 24-hour shift if the aides receive at least 3 hours of meal break time and at least 8 hours of sleep (at least 5 of which must be uninterrupted).
On May 8, 2019, Washington State Governor Jay Inslee signed new restrictions on noncompetition covenants for Washington employees. The new restrictions are effective January 1, 2020.
On May 9, 2019, Washington State governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information.” The new law is similar to legislation being promulgated throughout the country, including by Washington’s neighbor to the south, Oregon. This law will become effective on July 28, 2019.
As the 2019 regular session of the Minnesota Legislature draws to a close, lawmakers in St. Paul are deadlocked on the budget bill. As a result, many of the bills we reported on in our previous articles are stalled in committee or unlikely to see final action this year. The legislature must end its regular session on Monday, May 20, 2019, and it’s unclear whether there will be a special session.
The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and harassment, sexual misconduct reporting in health care, local regulation of employment conditions, minimum wage, vaping, paid leave, internship tax credits, restraints of trade or commerce (noncompete agreements), drug-free workplaces, and unemployment compensation claims. Although only two of these bills survived, many of the bills that did not pass could resurface and impact employers in the near future.
Here is the latest information on the Massachusetts Paid Family and Medical Leave Act (PFML) requirements since our last report on April 17, 2019. As the date for issuing final regulations and starting employer contributions draws near, the Department of Family and Medical Leave (DFML) continues to publish updates.
Maine is one step closer to requiring that private employers with 10 or more employees provide “earned paid leave” that employees can take for any reason.
On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous opinion holding that salespeople who are paid solely on draws and commissions are entitled to separate and additional overtime and Sunday pay under Massachusetts law. The decision has far-reaching implications for most retailers, which have long relied on opinion letters from the Massachusetts Department of Labor Standards (DLS) suggesting that commissioned employees are not entitled to such additional compensation.
A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits.
In the latest chapter of the Minneapolis Sick and Safe time ordinance saga, the Minnesota Court of Appeals has ended an injunction issued by a lower court that limited the ordinance to employers located within the city of Minneapolis.
Wisconsin employers deciding whether to hire an applicant with a criminal background often find themselves between a rock and a hard place. If they fail to take reasonable care screening the applicant, they may face a negligent hiring claim. But if they screen too stringently, they may face a claim that they violated the Wisconsin Fair Employment Act, which prohibits discriminating against applicants with a conviction record that does not substantially relate to the job.
In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (June 27, 2018), the Supreme Court of the United States significantly expanded the rights of nonunion public employees by holding that unions may not collect fees from such employees without their consent.
On April 24, 2019, the Dallas City Council passed an ordinance requiring employers to provide paid sick leave beginning as early as August 1, 2019. Dallas is the third Texas city (after Austin and San Antonio) to pass such an ordinance.
On April 23, 2019, Governor Bill Lee signed a bill that extends protection from some legal claims associated with workplace bullying to all Tennessee employers. Employers that adopt an anti-bullying policy that conforms to the law will be immune from lawsuits alleging intentional or negligent infliction of mental anguish due to the abusive conduct of employees.
After several years of failed attempts, the state of Washington passed a law on April 17, 2019 that will significantly limit the enforceability of noncompetition agreements under Washington law. Governor Jay Inslee has not yet signed the act into law, but it is expected that Governor Inslee will promptly do so.
On April 18, 2019, the California Occupational Safety and Health Standards Board will consider an update to the regulations governing nighttime agriculture operations at its monthly meeting. In 2013, the Division of Occupational Safety and Health (or Cal/OSHA) asked for a revised regulation because of prior accidents or fatalities that occurred during the darkness of nighttime agriculture operations.
The United Auto Workers (UAW) have disclaimed the bargaining unit of 160 skilled-trades workers at Volkswagen’s (VW) Chattanooga, Tennessee, plant. The union organized the maintenance employees in 2015 but failed to secure a first contract for the group. In the past few years, the UAW has accused VW of multiple unfair labor practices, including that VW violated federal law by refusing to bargain.
Last year, Massachusetts Governor Charlie Baker signed into law what has been referred to as the “grand bargain” legislation. When it was enacted, we covered some of the law’s key provisions that would have a significant impact on Massachusetts employers, including the phase-in of paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act (PFML). Since then, the Massachusetts Department of Family and Medical Leave (DFML), a new agency, has been established under the PFML to manage paid leave in the Commonwealth.
On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion, Access, Research, and Expansion Act (CARE Act) to legalize medical marijuana in Alabama for individuals with certain medical conditions. In its current form, HB243 lists 33 medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in Alabama, including addiction, anxiety, autism, cancer, chronic pain, Crohn’s disease, depression, glaucoma, epilepsy/seizures, irritable bowel syndrome, posttraumatic stress disorder, sleep disorders, and terminal conditions.
Governor Janet Mills of Maine signed a pay equality bill into law on April 12, 2019, that bans employers from asking job applicants about their salary histories and broadens existing wage transparency requirements.
The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation Act from the disability discrimination provisions of the Minnesota Human Rights Act. In the other, the court held that the Minnesota Human Rights Act does not require that employers engage in an interactive process when considering reasonable accommodations for an employee with a disability.
As the January 1, 2020, effective date for the California Consumer Privacy Act (CCPA) draws closer, California lawmakers are still attempting to refine the law.
Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed the Earned Sick Leave Law (ESLL).
On April 1, 2019, New York State passed its 2019‒2020 budget with an amended Election Law §3-110, which provides employees with time off to vote.
On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from performing certain job functions does not render the function nonessential and finding that sharing tasks may be a reasonable accommodation.
In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand the range of medical conditions for which medical marijuana may be prescribed and create new employment protections for employees who legally use medical marijuana.
As California employers wait to see how the California legislature votes on independent contractor bills after the new ABC test was announced by the California Supreme Court last year, a recent federal case out of the U.S. District Court for the Eastern District of California has received some attention in the transportation industry.
On March 22, 2019, Governor Doug Ducey signed Arizona House Bill (HB) 2230 into law. As described in detail in our recent article, HB 2230 allows judgment creditors to serve writs of garnishment by certified mail, return receipt requested, in addition to traditional methods of service.