Learn about
the latest labor law changes our legal team is monitoring - from
minimum wage news and employee rights in the workplace to FMLA laws
and FLSA laws.
Washington to Offer Civil Employment Protection to Members of
Civil Air Patrol
April 20, 2010 -
On June 10, Washington begin providing employment protection to
members of the civil air patrol acting
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Nevada Minimum Wage Will Increase on July 1, 2010
April 5, 2010 -
Nevada Labor Commissioner Michael Tanchek recently announced that
as of July 1, 2010, the minimum wage for employees who receive
qualified health benefits from their employers will increase from
$6.55 per hour to
Read More
Senate Heath Care Bill Would Amend FLSA to Implement
Breastfeeding Law at Work
February 3, 2010 -
Under an amendment to the Senate's version of the healthcare reform
bill (H.R. 3590), employers would be required to allow breaks for
nursing mothers every time they need to
Read More
New Posting Requirement for New Jersey Employers
February 3, 2010 -
Beginning in July 2010, a new addition to New Jersey labor laws
will require employers to post a notice informing employees of a
new law allowing the Commissioner of the Department of Labor and
Workforce Development to suspend
Read More
State Clarifies New Jersey Discrimination Law
February 3, 2010 -
Recently, New Jersey enacted a law which specifies that under the
Law Against Discrimination the term developmental disability
includes autism spectrum disorders.
Read More
Increase in Private Sector EEOC Cases Demands Compliant Posting
for Legal Protection
January 12, 2010 -
In near record highs, the Equal Employment Opportunity Commission
(EEOC) received 93,277 private sector job discrimination cases in
2009.
Read More
Michigan Prohibits Smoking in Public Places and Places of
Employment
January 4, 2010 -
Beginning May 1, 2010, Michigan will prohibit smoking in public
places, places of employment and
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EEOC Releases New Posting with GINA Regulations
On October 23,
2009, the U.S. Equal Employment Opportunity Commission (EEOC)
released a new Equal Employment Opportunity is the Law poster,
which includes information on the
Read More
President Obama Signs National Defense Bill with FMLA Military
Amendments
On October 28,
2009, President Obama signed the 2010 National Defense Bill. The
Bill contains FMLA Military Amendments which include:
Read More
Washington to Offer Civil
Employment Protection to Members of Civil Air Patrol
April 20, 2010 - On June 10, Washington
begin providing employment protection to members of the civil air
patrol acting in emergency service operations. Members who are
employees of both private and public employers will be eligible for
the protection.
This new law may lead to a change to the Washington Fair Employment
labor law poster.
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Nevada Minimum Wage Will
Increase on July 1, 2010
April 5, 2010 - The annual adjustment of
the Nevada minimum wage was recently announced. As of July 1, 2010,
the minimum wage for employees who receive qualified health
benefits from their employers will increase from $6.55 per hour to
$7.25 per hour. The minimum wage for employees who do not receive
health benefits will also increase from $7.55 per hour to $8.25 per
hour.
The Nevada minimum wage is increased each year based on the amount
of increases in the federal minimum wage over $5.15 per hour, or,
if greater, by the cumulative increase in the cost of living.
Also beginning July 1, 2010, employees who receive qualified health
benefits from their employers and earn less than $10.875 per hour
and employees earning less that $12.375 and do not receive
qualified health benefits must be paid overtime whenever they work
more than eight hours in a 24-hour period. This change does not
affect employees who are exempt from overtime under Nevada state
law.
Our legal research team expects this new law to affect the Nevada
Minimum Wage labor law poster.
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Senate Heath Care Bill
Would Amend FLSA to Implement Breastfeeding Law at Work
February 3, 2010 - Under an amendment to
the Senate's version of the healthcare reform bill (H.R. 3590),
employers would be required to allow breaks for nursing mothers
every time they need to express breast milk and would have to be
provided for up to one year after the birth of the infant.
Employers would also have to provide a location "other than a
bathroom, that is shielded from view and free from intrusion from
co-workers and the public," where employees may express milk.
It is still unclear if this version of the healthcare reform bill
will be enacted. If it does, these FLSA changes may affect the
Federal Fair Labor Standards Act poster.
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New Posting Requirement
for New Jersey Employers
February 3, 2010 - Beginning in July
2010, a new addition to New Jersey labor laws will require
employers to post a notice informing employees of a new law
allowing the Commissioner of the Department of Labor and Workforce
Development to suspend or revoke the business license of an
employer who knowingly fails to maintain and report all records
required by law regarding wages, benefits and taxes and, as a
result, fails to pay employees what they are afforded by law.
The new New Jersey labor law and posting requirement are effective
beginning in July 2010. The New Jersey Department of Labor and
Workforce Development has not yet released the new poster.
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State Clarifies New Jersey
Discrimination Law
February 3, 2010 - Recently, New Jersey
enacted a law which specifies that under the Law Against
Discrimination the term developmental disability includes autism
spectrum disorders. Employers should take note of this in order to
avoid claims of autism discrimination and Aspergers hiring
discrimination.
The new went into effect on January 15, 2010 and may affect the New
Jersey Fair Employment Poster.
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Increase in Private Sector
EEOC Cases Demands Compliant Posting for Legal Protection
January 12, 2010 - In near record highs,
the Equal Employment Opportunity Commission (EEOC) received 93,277
private sector job discrimination cases in 2009.
According to the EEOC Performance and Accountability Report FY 2009
(PAR), the key reasons for the jump in EEOC discrimination cases
are poor economic conditions, increased diversity and demographic
shifts in the labor force, and greater awareness of employee rights
under EEOC laws.
In addition, the EEOC now has expanded statutory authority under
the Americans with Disabilities Act Amendments Act of 2008 (ADAAA)
and the Lilly Ledbetter Fair Pay Act of 2009. As a result, 10.6%
more ADA charges were filed in 2009 (compared to 2008). Plus, the
agency expects an increase in the number of EEOC settlements in
2010 under the Genetic Information Nondiscrimination Act of 2008
(GINA), which took effect on November 21, 2009.
Greater EEOC Mediation and Enforcement in Coming
Year
The number of EEOC cases the EEOC is handling is significant, but
so is the money the agency is investing in staffing, training and
enforcement activities. Last year, the EEOC spent $2.5 million to
train investigators, attorneys, analysts and other employees, in
addition to hiring 155 new employees. And depending on final
funding for fiscal year 2010 and 2011, the EEOC plans to hire 140
more members to help process the backlog of EEOC complaints. (If
the EEOC's predictions hold true, this backlog will total more than
87,000 charges by the end of FY 2010 - a 14,000 increase from the
end of FY 2008.)
The EEOC also reports that it recovered more than $376 million in
monetary relief through private sector enforcement, mediation and
litigation programs - the highest amount in the agency's
history.
Proper Postings Act as First Line of Defense with EEOC
Discrimination Cases
Due to the rise in EEOC settlements and stepped-up enforcement by
the EEOC, you need to be certain your workplace policies meet all
EEOC laws. This includes verifying that your Equal Employment
Opportunity is the Law posting is fully compliant. If an EEOC
complaint is filed, the EEOC will conduct a workplace investigation
and check for the latest Equal Employment Opportunity is the Law
posting. In several EEOC discrimination cases, charges were either
dropped or EEOC decisions made in favor of the employer, simply
because this required posting was displayed.
MyStatePosters.com offers a
Federal Poster Set that includes the Equal Employment
Opportunity posting, as well as all other required federal
postings, on one 27" x 39" poster. The Federal Poster Set can be
purchased for only $8.75 by clicking
here.
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Michigan Prohibits Smoking
in Public Places and Places of Employment
January 4, 2010 - Beginning May 1, 2010,
Michigan will prohibit smoking in public places, places of
employment and food service establishments. Employers will be
required to display No Smoking postings.
This new Michigan posting requirement is effective on May 1, 2010.
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EEOC Releases New Posting
with GINA Regulations
On October 23, 2009, the U.S. Equal
Employment Opportunity Commission (EEOC) released a new Equal
Employment Opportunity is the Law poster, which includes
information on the Genetic Information Nondiscrimination Act (GINA)
and ADA Amendments Act regulations.
The poster was updated to include information about GINA,
specifically that employers are prohibited from discriminating
against applicants and employees on the basis of genetic
information or genetic test results. The GINA regulations take
effect on November 21.
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President Obama Signs
National Defense Bill with FMLA Military Amendments
On October 28, 2009, President Obama
signed the 2010 National Defense Bill. The Bill contains FMLA
Military Amendments which include:
Qualifying Exigency Leave Qualifying exigency
leave is expanded to cover members of the regular Armed Forces who
are deployed to a foreign country. Currently, qualifying exigency
leave is only available for covered military members in the
Reserves or Guard.
Military Caregiver Leave Eligible employees will
be able to take military caregiver leave for veterans who served in
the regular Armed Forces (including the Reserves and National
Guard) within 5 years of the date the veterans undergoes medical
treatment, recuperation, or therapy. Currently, military caregiver
leave is only available to care for current members of the Armed
Forces, Guard, or Reserves.
The law does not specifically mention a change to the federal FMLA
poster, but our compliance team will continue to monitor this
poster closely.
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