Dear %%FirstName%% %%LastName%%:
Here’s what’s new this week on HR.BLR.com®:
Recent/Upcoming Compliance Dates
- June 14, 2019: The Criminal Offender Employment Act prohibits private New Mexico employers from using a written or electron employment application to inquire about an applicant’s history of arrest or conviction (NM Rev. Stat. Sec. 28-2-1). The 15-employee threshold for employment discrimination based on sexual orientation and gender identity has been reduced to the 4-employee threshold that applies to other protected characteristics.
- It is unlawful for a New Mexico employer to take an adverse employment action against an applicant or employee based on conduct allowed under the state’s medical marijuana law (e.g., using medical marijuana). The law does not apply to employers that could lose monetary or licensing-related benefits under federal laws or regulations by complying with the state law (NM Stat. Sec. 26-2B-11).
- June 15, 2019: Oklahoma Medical Marijuana and Patient Protection Act takes effect.
- June 25, 2019: New York has expanded the amount of time employees can take off to vote. Under new amendments to New York state’s election law, employees are entitled to up to 3 hours of paid leave on election days.
- June 26, 2019: The Kentucky Pregnant Workers Act (KPWA), takes effect and requires covered Kentucky employers (i.e., those with 15 or more employees) to provide all employees written notice of the law's pregnancy discrimination and accommodation provisions. All new employees must be informed of the new law upon hire, and all existing employees must be apprised of the law by July 26, 2019. In addition, new posters will have to be quickly secured and displayed.
- June 30, 2019: New York employers with four or more employees are prohibited from inquiring about a job applicant’s salary history (Suffolk County Code Ch. 528-7(13)). Employers are prohibited from seeking an applicant’s salary history from the applicant, his or her former employer, or publicly available records and reports. It is unlawful for an employer to rely on an applicant’s salary history in determining the wage or salary amount at any stage in the employment process, including the job offer. There are exceptions for federal, state, or local laws that require the disclosure or verification of salary for employment purposes.
- June 30, 2019: *Deadline* The Massachusetts Department of Family and Medical Leave has provided an extension to employers regarding notice requirements under the state’s new Paid Family Medical Leave Law. Employers will now have an additional month—until June 30, 2019—to provide written notice of rights and obligations under the law. A model notice and poster are available from the Department.
- July 1, 2019 (Subject to budget approval): The Tipped Wage Workers Fairness Amendment Act of 2018 requires employers of tipped employees to provide harassment prevention training to all employees. Employers must document complaints of sexual harassment reported to management, including whether the alleged harasser was a nonmanagerial employee, manager, owner, or operator. No later than July 1, 2019 and annually thereafter, employers must report to the D.C. Office of Human Rights (OHR) the number of complaints and the total number of alleged harassers in each category. If employees receive training from an OHR-certified provider and not directly from the OHR, the employer must submit certification of the training to the OHR within 30 business days after training has been completed. The OHR will retain training records for at least 5 years.
- July 1, 2019: D.C. paid family leave payroll tax begins on July 1. Benefits are effective July 1, 2020.
- July 1, 2019: Glenview, Illinois has opted into the Cook County paid sick leave law, which will go into effect on July 1.
- July 1, 2019: New Jersey's expended paid family leave program goes into effect. Employers with 30 or more employees must now offer paid family leave.
Be sure to check HR.BLR.com’s training section for all the latest training materials.
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