New Laws Effective July 2016 and Areas to Update the Employee Handbook

 

Rhode Island Identity Theft Protection Act of 2015

This takes effect on July 2, 2016.  The new law applies to employers and municipal agencies, who should be advised to revise their data security policy and notification policies to be in compliance or risk financial consequences.  This applies to any person/entity that is in contact with personal information including: Social security number, driver’s license number, ID card, any credit card number or bank account, medical history, or an email address.

Portland, OR ‘Ban the Box’ Law

The Portland City Council passed their own version of ‘ban the box’ which provides further protections than the state’s ‘ban the box’ law.  Not only are businesses banned from including a question on the employment application about criminal history, they will also not be allowed to ask at the interview or before the conditional job offer is made.  This will be effective July 1, 2016.

Idaho Non-competes

Idaho businesses will be able to enforce non-competes easier for employees and independent contractors from post-employment competition.  Effective July 1, 2016

Minimum Wage Changes

·         Los Angeles Count- $10.50 per hour for employers with more than 25 employees.

·         Los Angeles- Hotels with 150-299 guest rooms must pay $15.37 per hour.

·         El Cerrito, CA- $11.60 per hour

·         San Francisco, CA- $13 per hour

·         Emeryville, CA- $13 per hour for businesses with 55 or fewer employees.

·         Chicago, IL-  $10.50 per hour, or the greater of the minimum cash wage for tipped employees which is $7.25 under the FLSA, or the state minimum wage of $10.50 plus $1.

·         District of Columbia- $11.50 per hour.

·         Lexington-Fayette County, KY-  $8.20 per hour.

·         Louisville and Jefferson County, KY- $8.25 per hour.

·         Maryland- $8.75 per hour.

·         Montgomery County, MD- $10.85 per hour/ $6.38 per hour for employees who are tipped.

·         Oregon-  $9.75 per hour.

Military Leave Protection Laws

·         Georgia- Effective July 1.  Georgia employers are required to pay provide permanent employees with unpaid leave for military service.  Reinstatement rights are now provided for members of the National Guard, if they are terminated or suspended.

·         Idaho-  Effective July 1.  The clause requiring 30 or more consecutive days which triggers the Uniformed Services Employment and Reemployment Rights Act protection for National Guard members is eliminated.

·         Indiana- Effective July 1.  Uniformed Services Employment and Reemployment Rights Act is extended from only Indiana National Guard members, to members of any other state.

·         Virginia-  Effective July 1.  Like Indiana, Virginia’s military leave rights will be extended to residents in the state who are members of the National Guard of other states.

·         Wyoming-  Effective July 1.  Military Service Relief Act now applies to those who are members of the National Guard in other states.  Additionally, employers are now allowed to give preference in hiring/promotion to veterans, a spouse of a veteran, or a surviving spouse of a deceased veteran.

Review Your Handbook to Cover the Following Changes

·         New OSHA regulations regarding drug testing after accidents and reporting policies.

·         EEOC issues regarding sex and gender discrimination, such as dress code.

·         DTSA language for the handbook if employers want to pursue the new law.

·         Time keeping and Overtime policies for the upcoming FLSA changes.