Lump-Sum Payments and Garnishments Guidance Provided by Department of Labor

Overview: The Wage-Hour Division of the United States Department of Labor (DOL) has issued an opinion letter addressing whether certain lump sums paid to employees by employers are considered earnings and therefore subject to garnishment under the Consumer Credit Protection Act ...

FSLA Allows Tip Sharing between Tipped and Non-Tipped Employees

Overview: A recent amendment to the Fair Labor Standards Act (“FLSA”) prohibits employers from keeping employees’ tips, including allowing managers or supervisors to keep any portion of these tips. The amendment also allows for tipped workers (e.g., waiters) to share tips with ...

West Virginia Employers No Longer Allowed to Prohibit Guns Inside Vehicles in Company Parking Lots

Overview: Following the Business Liability Protection Act, West Virginia employers may not prohibit any customer, employee, or other person lawfully on the premises from storing a lawfully possessed firearm inside of a privately-owned vehicle in a company parking lot, so long as the firearm is ...

Washington Amends the Equal Pay Opportunity Act

Washington amends the Equal Pay Opportunity Act, its wage discrimination law, to prevent pay differentials based on gender. It also prohibits employers from punishing employees for sharing salary information with their coworkers. Effective Date: June 7, 2018. Details: Washington has ...

Washington Expands Employment Discrimination Protections for Victims of Domestic Violence

Overview: Job applicants and employees in Washington who are survivors of domestic violence, sexual assault, or stalking will have new protections against employment discrimination. Effective Date: June 7, 2018 Details: Job applicants and employees in Washington who are survivors of ...

Washington Ban-the-Box Law Limits Criminal Background Inquiries

Overview: Effective June 7, 2018, Washington will implement “ban the box” legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Effective date: June 7, 2018 Details: Governor ...

Virginia Repeals New-Hire Income Withholding Disclosure Requirement

Overview: Virginia repeals the requirement that an employer request that each new employee disclose whether the employee has an income withholding order. Effective Date: 07/01/2018 Details: Virginia recently repealed the requirement, enacted in 1993, that an employer request that each ...

Utah Amends Laws to Allow Women to Breastfeed in Any Place of Public Accommodation

Overview: Utah amends its civil rights law to prohibit discrimination based on pregnancy in places of public accommodation. The amendment also creates the Utah Breastfeeding Protecting Act, which provides that a woman may breastfeed in any place of public accommodation. Effective Date: ...

Supreme Court Exempts Auto Service Advisors from Overtime

Overview: The United States Supreme Court has ruled that “service advisors” are exempt from overtime under the FLSA’s “automobile dealer” exemption applicable to salesmen, partsmen, and mechanics. Effective Date: April 2, 2018 Details: After years of ...

New Jersey Expands Equal Pay Protections

Overview: New Jersey has enacted legislation that significantly expands the state’s equal pay law. Specifically, the legislation amends the New Jersey Law Against Discrimination (LAD) to prohibit employers from paying an employee who is a “member of a protected class” less ...

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