Employers have long been aware of laws prohibiting sexual harassment and discrimination and harassment on the basis of sex, race, religion, disability, national origin, and other protected characteristics. But what about uncivil or intimidating behavior unrelated to protected class status? Many employees complain to employers about coworkers creating “toxic” work environments, but the offending behavior falls outside of the umbrella of state and federal harassment and discrimination laws. How should employers handle these situations?
Connecticut Governor Ned Lamont has promised to sign a bill that has been passed by the State Legislature, which will provide up to 12 weeks of paid family and medical leave for workers in the state. This leave law will allow workers in the state 12 weeks paid leave to care for a new child, a sick family member, or a personal illness.
On Tuesday May 28th, Maine Governor Janet Mills signed into law “An Act Authorizing Employee Leave,” (“the Act”). This new law will provide eligible employees with the ability to accrue up to 40 hours of paid personal leave per year. Unlike other paid leave laws around the country, Maine’s will be the first to allow the employees to use the paid leave for any purpose, including non-medical or personal reasons.
On May 9, 2019, Washington governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information,” adding sections to the existing Equal Pay Act, as amended by the Equal Pay Opportunity Act. The new sections, which will take effect on July 28, 2019, are intended to promote equal pay by limiting inquiries into salary history and requiring wage scale transparency. Starting July 28, 2019, employers with 15 or more employees are:
Even though the Affordable Care Act (“ACA”) employer reporting deadlines for tax year 2018 are behind us, the work with the ACA never stops. Several years into the reporting process, the IRS is still reviewing employer submissions from 2015 and 2016, and is still sending 226J penalty letters. Employers can receive a penalty letter if their submission to the IRS shows (a) a less than 95% offer of coverage rate, or (b) that a specific employee was not offered compliant coverage.
Retail giant H&M just became the latest corporation to face liability for allegedly failing to follow legal requirements regulating its use of fingerprint scan time clocks. A Cook County, Illinois resident is seeking class certification for a lawsuit alleging that H&M failed to abide by the provisions of the Biometric Information Privacy Act between 2012 and 2017. The plaintiff is seeking an unspecified amount in liquidated monetary damages, costs, attorney’s fees, and further relief.
We know that employers have a lot to consider when an employee separates, whether voluntarily or involuntarily. One such consideration is when final payment is due to that employee. As the answer varies from state to state, and from one situation to the next, we’ve compiled the table below to make the determination easier. As always, we encourage you to seek legal counsel with questions and specific factual scenarios.