Staffing Compliance Digest | August 2019
Welcome to the Staffing Compliance Digest! This quarterly update contains the latest news about federal and state compliance rules and regulations that are relevant to staffing firms.* If you’re concerned about keeping your company compliant, keep reading or click below to scroll down to an update that’s relevant to your business.
ICYMI: What’s Recently Gone into Effect
- FMLA: Massachusetts Paid Family and Medical Leave Contributions [Deadline July 1, 2019]
- FMLA: New Jersey Eliminates One-Week Waiting Period for Family Leave Benefits [Effective July 1, 2019]
- FMLA: New Jersey Expands Paid Family Leave Laws to Cover More Employers [Effective June 30, 2019]
- Wage Garnishment: Wyoming Exempts Disposable Earnings From Garnishment in Some Circumstances [Effective July 1, 2019]
Coming Soon: What to Prepare for in the Coming Months
- Hiring: Alabama Enacts Equal Pay and Wage History Law [Effective September 1, 2019]
- CCPA: California Consumer Privacy Act [Effective January 1, 2020]
- Hiring: Maine Enacts Pay Equality Law Banning Salary History Inquiries [Effective September 17, 2019]
- FMLA: Massachusetts Employers Must Inform Employees of Paid Family and Medical Leave Benefits [Deadline September 30, 2019]
- Employment Status: Nebraska Prohibits Discrimination Based on Wage Disclosure [Effective September 6, 2019]
- Employment Status: New Hampshire Bans Noncompetes for Low-Wage Workers[Effective September 8, 2019]
In Case You Missed It:
What’s Recently Gone into Effect
“Beginning July 1, 2019, as an employer, you’re responsible for:
- Reporting wages paid, payment for contract services rendered, and other information about your workforce
- Determining contribution amounts for your workforce and for any contribution due from you as an employer where applicable
- Making deductions to cover worker contributions from payments you make to your workforce, either as wages or as payments for services from Massachusetts 1099-MISC contractors
- Notifying your workforce of the PFML law.” VIEW RESOURCE
“Beginning June 30, 2019, the Family Leave Act applies to employers with 30 or more employees, as opposed to employers with 50 or more employees. This lowered threshold means that smaller employers will also be required to provide up to 12 weeks of job-protected Family Leave Act leave in a 24-month period to eligible employees.” READ THE BILL
“The old law included a waiting period of seven consecutive days before benefits were payable. If the leave continued for more than three weeks, then the waiting period was also payable. There was an exception for employees who came straight from short-term disability for their own illness and then took family leave benefits (usually a pregnancy situation). The new law eliminated the waiting period altogether.” VIEW RESOURCE
“A defendant’s disposable earnings shall remain exempt… if the earnings were deposited in the defendant’s account with a financial institution within twenty (20) calendar days prior to service of a writ of garnishment against the defendant’s account with the financial institution, on the day of service of the writ or within ten (10) business days after service of the writ.” READ THE BILL
What to Prepare for in the Coming Months
“The CFEPA prohibits retaliation based on an applicants’ failure or refusal to provide their wage history and sets forth employer recordkeeping requirements. Employers of any size are subject to the act. There is no small employer exception.” VIEW RESOURCE
Note: Given, the breadth and expected impact of the CCPA, we’ll be featuring content on it in this digest until January 1, 2020. “It is the most expansive state privacy law in US history, imposing GDPR-like transparency and individual rights requirements on companies. The law will impact nearly every entity that handles “personal information” regarding California residents, including (at least for now) employees.” VIEW RESOURCE
“L.D. 278 specifically prohibits employers from asking about a prospective employee’s compensation history until after that employer has extended a job offer including compensation terms. The law also bars employers from making such inquiries directly to the candidate’s current or former employer. Additionally, L.D. 278 strengthens existing wage transparency laws by clarifying that employers may not stop current employees from discussing their own or another employee’s wages.” VIEW BILL
“On or before September 30, 2019, employers must provide written notice to their employees of PFML benefits, contribution rates, and other provisions.” VIEW RESOURCE
“It shall be an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation.” VIEW BILL
“The statute, which was passed with strong bipartisan support, declares all non-compete agreements between employers and low-wage workers “void and unenforceable.” VIEW BILL
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*Proprietary Notice and Disclaimer
© 2019 Bullhorn, Inc. All Rights Reserved.
Bullhorn provides the information in this Digest “as is” without any kind of warranty. Bullhorn expressly disclaims any and all warranties, whether express or implied, as to the accuracy, integrity, and quality of the information to the maximum extent permitted by law.
Please view the information contained in this digest as informational only. It’s not legal advice and you shouldn’t rely on it for compliance purposes. Bullhorn doesn’t offer any advice, explanation, opinion, or recommendation about you or your company’s specific legal situation or compliance or any possible legal rights, remedies, defenses, options, or strategies applicable to you or your business. We strongly recommend you review your local, state, and federal laws, and consult with your legal counsel regarding compliance-related content included in this digest. We believe the information contained in this digest is accurate as of the publish date and Bullhorn doesn’t have an obligation to update the information.