A common question from Staffing Agencies is whether or not they can share background checks or drug tests with clients. I understand wanting to do it, but I would highly recommend against it.
Did you know that over 68 million Americans have some type of criminal history? About as many Americans have criminal records as have college degrees. If you ask about criminal history on your applications to eliminate applicants with criminal records you may not just be eliminating one-third of your potential employees-you may be breaking the law!
California, New York, New Jersey, and Rhode Island have all enacted laws providing paid family leave to employees who need time off to care for a seriously ill family member or bond with a new child. Paid family laws in these states is paid for through employee payroll deductions and pay from 50 to 70 percent of an employee’s weekly wage for six to eight weeks of leave.
Come September 1, 2018, Colorado’s latest consumer data privacy legislation, House Bill 18-1128, goes into effect. The new law requires covered entities to establish reasonable security procedures, responsibly dispose of personal identifying information, ensure that third party service providers properly handle personal identifying information, and timely notify affected residents of a security breach.
A federal judge in California recently halted enforcement of part of AB 450, one of California’s “Sanctuary State” laws. The law took effect in October 2017 and provides that employers:
· May not allow federal immigration officials to access the employer’s nonpublic work areas unless the officials have a judicial warrant;
With the upcoming summer holidays approaching, many employers have questions regarding holiday pay. Are private employers required to give employees time off? Does the law require private employers to pay a premium rate, such as time and a half, to employees who work on holidays? State and federal laws differ with regard to holiday pay.
The first minimum wage increase for employers in Minneapolis with 100 or less workers will take effect on July 1, 2018. Workers of these small businesses are required by law to be paid $10.25 per hour effective on July 1. Businesses with 100 or more workers are required to pay their workers $11.25 per hour on July 1, 2018.
Are you an employer in Rhode Island? If you answered yes, you better be prepared for the Rhode Island Sick and Safe Leave Time Law, which will be in effect on July 1, 2018. While the Rhode Island Department of Labor and Training has stated that it will not enforce fines contained within the statute until January 1, 2019- employees are still able to sue their employers over the new law.
Title III of the Americans with Disabilities Act (“ADA”) applies to all places of public accommodation (businesses open to the public). The federal circuits are somewhat split on whether the ADA applies to websites, and whether such websites must have a nexus to physical structures. Many recent cases, however, are trending toward requiring website accessibility (see below discussion of a recent summary judgment ruling out of California), and the Department of Justice (“DOJ”) has previously indicated that Title III of the ADA applies to websites that meet the definition of a public accommodation.