In February 2019, the Arizona Court of Appeals, Division One ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. That ruling reinstated part of a 2006 law that permitted Arizona municipalities to pass local ordinances requiring employers to provide employment benefits more favorable than those provided under statewide laws. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision. Thus, Arizona municipalities continue to be free to enact ordinances that may be more “employee friendly” than other applicable statewide laws.
The U.S. Department of Labor’s (DOL) just-released Fall 2015 Semiannual Regulatory Agenda and Plan Statement contains several surprises for federal labor and employment rulemaking. Although the timetables are often aspirational and not met, the announced agency goals for regulatory actions nevertheless provide a clear indication of the priorities of the DOL and of other federal agencies.
On January 19, 2017, the New Jersey Assembly Labor Committee advanced a bill (A-4410) that would require written contracts between “freelance workers” and their hiring entity (“client”). Those contracts would need to include (i) an itemization of all services to be provided by the freelance worker; (ii) a description of how the freelancer worker’s compensation will be calculated; and (iii) the date on which the client will pay the freelance worker or the mechanism by which that date will be calculated. The bill defines a freelance worker as any “sole proprietor who is not an employee and who is hired or retained as a freelance worker by a client to provide services in exchange for compensation in an amount equal to or greater than $600.”
With the new Ontario government’s move to repeal a number of key Bill 148 reforms underway, the next question on the minds of many employers is what will happen to the Pay Transparency Act, 2018.