Illinois Artificial Intelligence Video Interview Act Effective January 1, 2020

Artificial intelligence (AI) is becoming more and more prevalent in workplaces today and is changing the way we hire. Illinois is the first state to create regulations around using AI for video interviewing and its law becomes effective January 1st, 2020.   Continue reading

Paid Leave Soon to be the Law in Nevada January 2020

Following suit with other states, Nevada will soon require employers with 50 or more employees to provide general paid leave to all employees. This include full-time and part-time employees, but excludes temporary, on-call, and seasonal employees.

Effective January 1st, 2020, employers must provide “at least 0.01923 hours of paid leave per hour of work performed.” This means that an employee who works 40 hours a week for a whole year will accrue 40 hours of paid leave. This paid leave can be used for any reason, in fact your employee does not have to give you a reason. Still, employees must give a “reasonable” amount of notice before using their paid leave. Continue reading

New Hire Reporting May Be Required for Your Independent Contractors

Most employers are aware of the federal law requiring you to report all of your newly hired employees (and rehired employees) to your state within a specified time period, but were you aware that you may also be required to report new independent contractors that begin working for you to your state as well?

New hire reporting is mandated at the federal level by The Personal Responsibility apaperclip-178126_1920nd Work Opportunity Reconciliation Act of 1996 (PRWORA), but specific details as to the requirements of the new hire reporting vary from state to state.  States determine how the new hire reporting information should be submitted, in what format, in what amount of time (maximum of 20 days from date of hire per federal law), and who should be reported. The “who” includes independent contractors for many states such as California. Continue reading

Connecticut Expands Sexual Harassment Training Requirements

A new law in Connecticut, “An Act Combatting Sexual Assault and Sexual Harassment” (also known as the “Time’s Up Act”), signed on June 18, 2019, significantly expands existing sexual harassment prevention laws. document-428331_1920

The new law will require all Connecticut employers to provide sexual harassment training to supervisors on or before October 1, 2020. After October 1, 2020, all supervisors must receive sexual harassment training within 6 months of their assumption of a supervisory position.  Connecticut employers with three or more employees must provide this sexual harassment raining to all other employees, not just supervisors, also on or before October 1, 2020. For new employees hired after October 1, 2020, the sexual harassment training must be conducted within 6 months from the date of hire. Continue reading

New DOL Ruling Increases the Salary Threshold for Exempt Employees

club-2492011_1920This morning the Department of Labor (DOL) announced the new salary threshold for exempt employees. Currently employees who meet certain job duties tests and are paid on a salary basis equal to at least $455 per week can be considered exempt from overtime. The new ruling increases the salary threshold from $455 per week to $684 per week. This new threshold is effective January 1, 2020.

The new threshold means that employers who have exempt employees making less than $684 need to either reclassify the employees as non-exempt (making them eligible for overtime pay when working more than 40 hours in a workweek ) or need to increase wages to be above the weekly minimum. Continue reading

California Bill Would Significantly Change the Definition of an Employee

California businesses who rely on “gig workers” to perform the work for the company may soon need to restructure their business model based on a new bill that has been passed by Congress in California and is expected to be signed soon by Governor Gavin Newsom. This new bill would require that companies using these “gig workers” (the two biggest companies being Uber and Lyft) reclassify their workers to be considered employees rather than continue to be classified as independent contractors.  

It’s important to note that this would only apply to California workers. The National Labor Relations Board (NLRB) ruled earlier this year that Uber drivers (and similar workers) were independent contractors because they used their own equipment, set their own schedules, could work for competitors, and were responsible for their own profit and/or loss. Continue reading

California Sexual Harassment Training Requirements Expanded

With the passing of Senate Bill 1343, training requirements have changed for California businesses. California employers with 5 or more employees are now required to provide sexual harassment training to both supervisory employees as well as nonsupervisory employees. By January 1, 2020, supervisory employees must receive 2 hours of sexual harassment training and nonsupervisory employees must receive 1 hour of training. Going forward, this training must occur every two years. For all new employees, training must occur within six months of hire. For all new temporary or seasonal employees, training must occur within 30 calendar days or 100 hours worked, whichever comes first. Continue reading