New York Budget Bill Includes Provision to Offset Effects of TCJA

Overview: As part of its 2018-2019 Budget, New York State has created the Employer Compensation Expense Program (program) in an effort to diminish the impact of the Tax Cuts and Jobs Act (TCJA) on New York state residents.  Effective Date: Employer must make an election to participate in ...

New Jersey Enacts Paid Sick Leave Law

Overview: New Jersey Governor, Phil Murphy (D), has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons.    Effective ...

Minnesota Exempts Some of Health Savings Account Amounts from Garnishment

Overview: Effective August 1, 2018, up to $25,000 in a health savings account and/or medical savings account is exempt from garnishment, levy, and attachment.    Effective Date: August 1, 2018     Details: On May 3, 2018, Minnesota Governor Mark Dayton ...

Massachusetts Adjusts Limits on Inquiries into Job Applicants’ Criminal History

Overview: A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions ...

Maine Enacts Regulatory Structure for Adult Use of Marijuana

Overview: Maine amends Marijuana use laws to permit employers to enact and enforce workplace policies restricting the use of marijuana by employees. Effective Date: Already in effect (May 2, 2018) Details: On May 2, 2018, the Maine Legislature overrode Governor Paul LePage’s veto ...

Kentucky Corporate and Personal Income Tax Provisions Overhauled

Overview: New Kentucky legislation drastically changes Kentucky corporate and personal income tax provisions effective for tax years after 2017.  Effective Date: Tax years beginning after 2017.  Details: On April 13, 2018, Kentucky Governor Matt Bevin’s veto of H.B. ...

Employers Cannot Consider Prior Salary History under the Federal Equal Pay Act

Overview: According to the United States Court of Appeals for the Ninth Circuit, prior salary history, alone or in combination with other factors, cannot justify a wage differential between male and female employees under the federal Equal Pay ...

Connecticut Bars Pay History Inquiries

Overview: Connecticut has passed a law that will prohibit employers from asking applicants about their pay history.  Effective Date: January 1, 2019  Details: Connecticut has enacted legislation (House Bill 5386) that will prohibit employers from asking applicants about their pay ...

California Supreme Court Broadens Definition of Employee in Independent Contractor Analysis

Overview: The California Supreme Court recently announced a significant change in independent contractor law, adopting a strict three-prong test for determining whether an individual is an employee or an independent contractor.    Effective Date: April 30, ...

United States Department of Labor Issues Guidance on Travel Time, Breaks and Overtime Pay in Higher Education Institutions

Overview: On April 12, 2018, the United States Department of Labor issued two opinion letters. These opinion letters provide guidance on how employees without "normal working hours" should be compensated for travel time involving an overnight stay and whether rest breaks provided ...

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