Compliance Corner

Alabama has enacted legislation (House Bill 225) that prohibits pay discrimination based on sex and race, as well as retaliation against applicants who refuse to disclose their pay history. House Bill 225 took effect on Sept. 1, 2019.

The DOL has released a final rule that clarifies the definition of "regular rate of pay" for the purposes of calculating overtime pay. The final rule takes effect on Jan. 15, 2020.

The state of Massachusetts has updated their Form M-4 "Massachusetts Employee's Withholding Exemption Certificate." The form indicates that employees shall file Form M-4 with their employers. Since Massachusetts no longer accepts the Federal Form W-4, Massachusetts will now default to Single Zero for withholding calculations in instances where an employee does not remit Form M-4 (previously, the Federal elections were used in that scenario).

Both New York State and New York City recently enacted legislation and guidance expanding immigrant protections.

New York State recently released FAQs, which clarify certain sexual harassment prevention requirements.

New Jersey law requires New Jersey employers with 50 or more employees (determined by counting all employees regardless of whether those employees work in New Jersey) to “conspicuously post” and distribute a notification stating employees’ rights to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions. This requirement complies with the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.

Montana’s minimum wage will increase to $8.65 per hour on January 1, 2020. Apart from a few very narrow exceptions, all non-exempt employees must be paid at least $8.65 per hour.