Reminder New York Employers – Time Off to Vote Posting Requirement

voteWith Election Day approaching, voters across the nation are preparing to cast their votes. In the state of New York, employers must prepare to comply with New York Election Law §3-110. Employers are required to post a time off to vote notice 10 working days before any election.  The notice must be displayed in a conspicuous place where employees can easily ready it and must remain posted until the polls close on Election Day.

The voting law also requires all employers to provide employees with “sufficient time” to vote for any election. Employees who do not have four consecutive hours either between the opening of the polls and the beginning of their working shift, or between the end of his or her working shift and the closing of the polls, must be provided with up to two paid hours at the beginning or end of their work shift. These employees must notify their employers at least 10 working days prior to Election Day.

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Florida Announces 2017 Minimum Wage

Florida Labor Law PosterThe Florida Department of Economic Opportunity recently announced Florida’s 2017 minimum wage rate. Effective January 1, 2017, the minimum wage for workers state-wide will increase by five cents, bringing the rate up to $8.10 per hour for non-tipped employees and $5.08 per hour for tipped employees.

Like several other states, Florida’s minimum wage is tied to the Consumer Price Index (CPI), which tracks prices on common goods and services purchased by the average urban consumer, including basic needs like food, clothing, and shelter. Between September 1, 2014 and August 31, 2015, the CPI increased by 0.7 percent, leading to the equitable increase in the Florida minimum wage. However, even if the CPI goes down for a given year, Florida’s state minimum wage will never decrease.

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California Adopts Measures to Improve Equality in the Workplace

Beginning next year, California is taking steps to remove barriers in the workplace on based on gender and other characteristics historically associated with inequalities in wages and other working conditions. The laws will protect more employees, and provide them with more information about their rights, and ensure equality in access to restroom facilities. Below is a summary of the new laws.

Prior salary history

Under California’s existing Equal Pay Law, an employer is prohibited from paying an employee a wage rate less than the rate paid to an employee of the opposite sex for substantially similar work, when that work is viewed as composite of skill, effort, and responsibility, and performed under similar working conditions.

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Delaware Employer Alert – Mandatory Posting Updates

837081The Delaware Department of Labor has released a revised Employment Discrimination posting. The Employment Discrimination posting generally describes the different classes protected from employment discrimination under the Delaware Code. The revised posting includes a new time limit for filing a discrimination complaint. Employees have 300 days to file a charge of discrimination with the Delaware Department of Labor, Office of Discrimination. This change comes from Delaware’s Senate Bill 214, passed in July 2016. Before the amendment to the Delaware Code, employees only had 120 days to file a complaint. Employers with four or more employees are required to display the revised posting in a prominent location on the business premises.

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11th Circuit Rules on ADEA Disparate Impact Provision

In a landmark ruling, the 11th Circuit Court of Appeals has held in the case of Villarreal v. R.J. Reynolds Tobacco Co. that the “disparate impact” provision of the Age Discrimination in Employment Act (ADEA) applies only to employees, not to job applicants.

The ADEA prohibits employment discrimination against those who are aged 40 years or older, making it unlawful for an employer to fire an employee or refuse to hire an applicant due to the individual’s age. The provision under question, Section 623(a)(2), bars employers from taking actions which would “deprive or tend to deprive” an individual of employment opportunities due to the individual’s age. It is referred to as the “disparate impact” provision because its intent is to address situations in which individuals above the age of 40 are treated differently by an employer, even if the treatment is not explicitly due to age.

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Maryland Mandatory Equal Pay for Equal Work Notice Revised

837201Maryland has passed legislation that better aligns the state’s Equal Pay law to modern workforce demographics, assuring that along with equal wages, all workers are given equal employment opportunities. The amended Equal Pay law also allows workers to discuss their wages, provides additional factors to justify wage differentials, and adds law enforcement tools. These revisions are reflected on the new Equal Pay for Equal Work notice that employers must post in the workplace to inform employees of their rights and protections under the law.

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Affordable Care Act – New Anti-discrimination Regulations

Earlier this year, the Department of Health and Human Services finalized a rule under the Affordable Care Act Section 1557. The aim of the new rule is to provide guidance for enforcing the anti-discrimination provisions. Under the Affordable Care Act, discrimination on the basis of race, color, national origin, sex, age or disability is prohibited. The rule clarifies that discrimination on the basis of sex also includes discrimination based on pregnancy, childbirth and related medical conditions, gender identity, and sex stereotyping. Denying healthcare or coverage based on the basis of sex, including pregnancy, childbirth, and related medical conditions is prohibited.

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EEOC Final Rule Requires Wage and Hour Disclosure

The Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing federal laws prohibiting discrimination against employees based factors such as race or disability, recently adopted several revisions to its requirements for EEO-1 reporting.

The EEO-1, also known as the Employer Information Report, is a compliance survey that private employers with 100 or more employees and federal contractors with 50 or more employees are required to complete. The EEO-1 already compiles company data categorized by race/ethnicity, gender, and job category; now, according to the new rule, employers must also disclose summary wage and hour data for each of the ten job categories and fourteen gender, race, and ethnicity categories.

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California Domestic Leave Law Requires Notice to Employees

At the end of a busy legislative session, a new law was enacted imposing a new notice requirement for California employers. The notice requirement applies to California’s existing Domestic Violence Leave Law.

Domestic Violence Leave

The Domestic Violence Leave Law applies to employers with 25 or more employees. The law prohibits a covered employer from discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for reasons related to the domestic violence, sexual assault, or stalking.

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New NYC Protections for Victims of Domestic Violence against Discrimination in Housing

Effective July 26, 2016, victims of domestic violence, sex offenses, or stalking that are seeking housing or are tenants in New York City are covered by the New York City Human Rights Law. The Human Rights Law promotes equal opportunity and prohibits discriminatory practices that unfairly limit the housing choices of protected groups or individuals. In the text of the law, a victim of domestic violence is defined as “a person who has been subjected to acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.”

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