Reconciling Overlapping Local, State and Federal Employment Laws Paid Sick and Family Leave, Minimum Wage, Maternity Considerations, Fair Work Week, and More Today’s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 1. WEDNESDAY, MARCH 20, 2019 Presenting a live 90-minute webinar with interactive Q&A Mark S. Goldstein, Counsel, Reed Smith, New York Michelle B. Muhleisen, Of Counsel, Ogletree Deakins Nash Smoak & Stewart, Denver Hanna B. Raanan, Of Counsel, Ogletree Deakins Nash Smoak & Stewart, Costa Mesa, Calif.
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Reconciling Overlapping Local, State and
Federal Employment LawsPaid Sick and Family Leave, Minimum Wage, Maternity Considerations,
The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 1.
WEDNESDAY, MARCH 20, 2019
Presenting a live 90-minute webinar with interactive Q&A
Mark S. Goldstein, Counsel, Reed Smith, New York
Michelle B. Muhleisen, Of Counsel, Ogletree Deakins Nash Smoak & Stewart, Denver
Hanna B. Raanan, Of Counsel, Ogletree Deakins Nash Smoak & Stewart, Costa Mesa, Calif.
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Reconciling Overlapping Local, State and Federal Employment Laws
Wyoming: Increased penalties for willful violations of equal pay law (Eff. July 2019)
California: requirement for female directors of publicly held corporations (Multiple Dates)
Sexual Harassment LawsState Survey
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Maryland: New disclosure and waiver requirements for claims (Eff. Oct. 1, 2018)
California: Required training by Jan. 1, 2020
Virginia: New disclosure and confidentiality restrictions for claims (Eff. July 2019)
Delaware: Required notices by July 1, 2019 and trainings by Dec. 31, 2019
New York: • State: Required training by Oct. 9, 2019 and written policies by Oct. 9,
2018
• City: Required training by April 1, 2020
Expansion of Protected ClassesState Survey (cont’d)
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New York:
• State: N.Y. Human Rights Law prohibits gender identity or expression, including transgender status (Eff. Mar. 2019)
• City: Employers cannot discriminate on the basis of sexual or reproductive health decisions (Eff. May 2019)
Expansion of Protected ClassesState Survey
23
New Jersey: Added breastfeeding as protected class (Jan. 2019)
Vermont: Expands protections to crime victims (Eff. July 2018)
Missouri: Sex stereotyping recognized as prohibited sex discrimination (Eff. Feb. 2019)
Oregon: Portland – religious discrimination includes “non-religion” (Eff. March 2019)
Medical MarijuanaState Survey
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Michigan: Personal possession of marijuana permitted. Employers can prohibit use at work. (Eff. Dec. 2018)
Missouri: Permission to use medical marijuana for qualifying conditions. Employers can prohibit use at work. (Eff. Dec. 2018)
Maine: Medical marijuana permitted to treat medical diagnosis with written certification Employers may not discriminate against ee for use outside of wor (Eff. Dec. 2018)
Expansion of AccommodationsState Survey
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Illinois: Requires paid nursing breaks (Eff. Aug. 2018)
New Jersey: Requires accommodations for nursing mothers (Eff. Jan. 2019)
California: Prohibits use of toilet stalls to express breast milk (Eff. Jan. 2019)
Independent ContractorsFreelance Isn’t Free Act – New York
Effective May 15, 2017
Freelance Worker: Any individual or organization composed of one individual “hired or retained as an independent contractor to provide services in exchange for compensation”
issues to differentiate themselves in recruiting, even
if they do not legally have to
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COMPLIANCE CONSIDERATIONS
Determine which law applies
Decide how to comply
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PRIORITIZE THIS LIST OF CONSIDERATIONS
Ease of administration?
Exercising broadest employer rights?
Overall cost?
Enterprise-wide employee morale?
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QUELL THE BREWING STORM
Wage and hour
Ban the Box
Drug testing
Salary history questions
Restrictive covenants
Paid sick leave
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WAGE AND HOUR
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WAGE AND HOURConsiderations
Meal and rest breaks
Minimum wage
Overtime
Breastfeeding breaks
Independent contractor status
Payroll
Voter leave laws
Compensable time
Wage deduction
Tipped employees
Final paycheck
Vacation pay
Pay notice
Payment of wages
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“BAN THE BOX”Considerations
Two primary questions:
(1) How do we get it legally?
(2) How do we use it legally?
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“BAN THE BOX” (Continued…)
1. State “Ban the Box” laws
2. Federal & State Fair Credit Reporting Acts
3. EEOC Guidance on the use of criminal history
information
4. State/local laws that restrict use of criminal
history information
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DRUG TESTINGSpotlight on Marijuana
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DRUG TESTING (continued…)General Elements of a Defensible Drug Policy
Always beware of state-specific provisions: one size does not fit all!
Confront medical and recreational marijuana use in any drug policy
Reference (explicitly) the federal law prohibition on marijuana in states that have legalized recreational marijuana
Prohibiting “working under the influence” may not be enough…
• Some policies might want to explicitly state, for example,that it is impermissible to have “any detectable level of any illegal controlled substance”
• Once a policy is developed, communicate it to employeesand provide training for supervisors