ADP® Comprehensive Services Newsletter 

© Copyright 2016 ADP LLC. 5800 Windward Pkwy | Alpharetta, GA 30005

Please Contact Us for More Information: 800-000-0000

 

Latest Compliance News

July and August Compliance Calendar

07/01/18

Author: Jody Rodney/Friday, June 29, 2018/Categories: Compliance Corner

Below is a summary of compliance requirements that took effect recently or will take effect over 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/.

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.
  • California Enacts New Protections Against National Origin Discrimination. In addition to broadening the definition of national origin, “English only policies” will be prohibited except in certain limited circumstances. Employers will be prohibited from inquiring into an applicant or employee’s immigration status unless an employer can demonstrate by “clear and convincing evidence” that such inquiry is required by federal law.
  • Connecticut minimum wage increases to $15.00 per hour for certain workers. The wage increase applies to employers that receive state funding and have employees who provide direct care to persons in group homes and day programs.
  • Georgia Distracted Driving Law. Drivers in Georgia may not hold or support a mobile device with a part of their body or use their mobile device to write or read any text (including email), watch video, or record video. The law makes an exception for speech-to-text programs and navigation software.
  • Iowa Alcohol Testing Law. Iowa law already requires any employers that conduct alcohol testing to provide employees with a written policy on the testing. The written policy must establish the alcohol concentration that violates the policy. The existing law required that the standard be no lower than .04 grams of alcohol per 210 liters of breath; the new will lower the minimum to .02 grams.
  • Iowa allows Electronic Paystubs. Iowans may now receive electronic paystubs. Existing Iowa paystub law required employers to mail paystubs, hand deliver them at the place of employment, or provide the means to view and print a paystub at the workplace.
  • Maryland Increases Minimum Wage to $10.10 per hour.
  • 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.
  • Mississippi Bans Texting and Driving. The Mississippi legislature passed a permanent prohibition against driving a motor vehicle while writing, sending, or reading a text message. This version of the law does not prohibit only texting and driving, but also accessing any social networking site using a cell phone.
  • New Jersey Equal Pay Law. Prohibit 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.
  • 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.
  • Oregon minimum wage raise. Standard rate (General) - $10.75 per hour. Urban Growth boundary areas - $12.00 per hour. Non-urban counties - $10.50 per hour.
  • 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 Law barring 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.
  • Vermont’s Governor signs 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.
  • Vermont Amends Anti-Discrimination Law to include crime victims. The amendment adds crime victims as a protected class and requires employers to provide eligible crime victims (employed for at least six months for an average of 20 hours per week) with unpaid leave to attend legal proceedings related to the crime.
  • Vermont Non-Disclosure Agreement and sexual harassment laws take effect. Restricts employers from requiring current or prospective employees to waive their right to disclose sexual harassment or exercise substantive or procedural rights or remedies.
  • Vermont Gender-Free Restroom Law. Any single-user restrooms in public buildings or places of public accommodation must be available to persons of any gender. The signage on the door of such single-user bathrooms must not identify any specific gender.
  • Virginia Increases Garnishment Amount. The amount that can be taken from an employee's paycheck for garnishment is increased to 25% of an employee's disposable earnings. If an employee "makes minimum wage or less" for the week's earnings, the employee may keep 40 times the minimum hourly wage before garnishment.
  • Virginia Income Withholding Orders. Virginia has repealed a law that required employers to ask employees if they have an income withholding order.
July 8, 2018:
  • New Hampshire Amends law against discrimination to include Gender Identity. An employer cannot refuse to hire, bar or discharge from employment, or discriminate against an individual in compensation or in the terms, conditions, or privileges of employment on the basis of the individual's gender identity.

    • July 11, 2018:
  • New York mandatory arbitration clause and mandatory nondisclosure agreement prohibitions take effect.

    • July 29, 2018:
  • New Hampshire Amends Wage Payment Law. Employers in New Hampshire must pay their employees within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis.

    • August 1, 2018:
  • Minnesota Exempts Some of Health Savings Account Amounts from Garnishment. Up to $25,000 in a health savings account and/or medical savings account are now exempt from garnishment, levy, and attachment.

    • August 28, 2018:
  • Missouri Hiring Preference law goes into effect. Veterans have a right to preference in public employment, and a right to counseling and assistance from veteran's service officers. The law also allows private, nonpublic employers to grant preference to veterans or the spouse of a disabled veteran in hiring and promoting employees.

    • Resource Corner