June and July 2018 HR Compliance Calendar

06/06/18

Author: Jody Rodney/Tuesday, June 5, 2018/Categories: News

Below is a summary of compliance requirements that took effect recently or will take effect in the next few months. For more information on these topics, please see this month’s edition of the ADP Comprehensive Services Newsletter or the Comprehensive Services Newsletter Archive located at http://adpcomprehensiveservicesnewsletter.com/.

June 7, 2018:

Washington restricts criminal history inquiries. Unless the employer has already determined that the applicant is “otherwise qualified” for the position, employers are prohibited from asking applicants about their criminal record.
Washington expands protections for domestic violence victims. Among other things, employers must make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault, or stalking, unless it would pose an undue hardship on the business.
Washington restricts certain provisions in employment agreements. Provisions are void and unenforceable if they require an employee to waive their right to pursue a cause of action under nondiscrimination laws, or resolve claims of discrimination in a dispute resolution process that is confidential. Employers are also prohibited from requiring an employee, as a condition of employment, to sign a nondisclosure agreement that prevents the employee from disclosing sexual harassment or sexual assault.
Washington amends equal pay law. Among other things, the state has clarified the definition of unlawful pay discrimination and similarly employed individuals for purposes of determining equal pay. Employers are also prohibited from retaliating against an employee for discussing their wages or the wages of any other employee.

July 1, 2018:

California expands paid sick leave. Providers of in-home supportive services who work in California for 30 or more days within a year from their start of employment are entitled to paid sick leave. Previously, these individuals weren’t covered by the state’s paid sick leave law.
Oregon enacts scheduling requirements for certain establishments. Employers in the retail, food services, and hospitality industries employing 500 or more employees worldwide must comply with various scheduling practices.
Rhode Island enacts sick leave law. Employers with 18 or more employees working in the state must allow employees to accrue at least one hour of paid sick leave for every 35 hours worked (up to 24 hours). Smaller employers must also provide leave, but it may be unpaid.
Vermont’s recreational marijuana law. The law eliminates all penalties for possession of one ounce or less of marijuana and permits a person who is 21 years of age or older to grow up to two mature and four immature marijuana plants. However, the law does not prevent an employer from adopting a policy that prohibits the use of marijuana in the workplace.
New Jersey Equal Pay Law. Prohibits employers from paying an employee who is a “member of a protected class” less than employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.
Vermont Law bars inquiries into job applicant’s salary and benefit history. Employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history. The new law also bars employers from seeking an applicant’s salary history without his or her authorization.
Amended Massachusetts Equal Pay Act takes effect: Among other things, the amendment changed the definition of comparable work, prohibited employers from asking applicants about salary history, and established a safe harbor for employers who conduct pay audits.

July 11, 2018:

New York mandatory arbitration clause and mandatory nondisclosure agreement prohibitions take effect.

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June and July 2018 HR Compliance Calendar