Minnesota Minimum Wage Rates Increase on August 1, 2016

New State and Federal Combination Poster Available for Purchase at minnesota-federal-combo-labor-law-poster-english
www.AllinOnePosters.com

The minimum wage rates in Minnesota will go up on August 1, 2016, according to the following schedule:

  • Large employersmust pay at least $9.50 an hour (annual gross volume of sales made or business done of $500,000 or more);
  • Small employersmust pay at least $7.75 an hour (annual gross volume of sales made or business done of less than $500,000);
  • Thetraining wage rate is $7.75 an hour (90-day training rate paid to employees who are younger than 20 years of age); andminwage
  • Theyouth wage rate is $7.75 an hour (may be paid to employees younger than 18 years of age).

Note: In cases where an employee is subject to both the state and federal m
inimum wage laws, the employee is entitled to the higher of the two minimum
wages.

A new state and federal combination poster reflecting the updated rates is available for purchase. Additional information regarding Minnesota’s minimum wage rates is available by clicking here.

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Colorado Repeals Certain State Employment Verification Requirements

Employers Still Must Comply with Federal Employment Verification Requirements

A new law in Colorado, effective August 10, 2016, repeals certain state employment verification requirements.

State Verification Law Repealed

Under current state law (until August 10, 2016), each employer in Colorado must:

  • Make an affirmation within 20 days after hiring a new employee and keep a written or electronic copy of the affirmation for the term of employment of each employee; and
  • Keep a written or electronic copy of the employee’s documents required by 8 U.S.C. § 1324a (commonly known as Form I-9 identity and employment authorization documents) and retain the copies for the term of employment of each employee.

Effective August 10, 2016, these requirements are repealed.

Federal Law Still Applicable
The law does not repeal a provision allowing the state Department of Labor and Employment to request documentation that demonstrates compliance with federal verification requirements.

Federal law requires employers to hire only individuals who may legally work in the United States—either U.S. citizens or foreign citizens who have the necessary authorization. To comply with the law, employers must verify the identity and employment authorization of each employee hired to work in the United States by completing and retaining Form I-9,Employment Eligibility Verification.

Employers must have a completed Form I-9 on file for each person on their payroll (or otherwise receiving remuneration) who is required to complete the form. Employers must also keep completed Forms I-9 for a certain amount of time after their employees stop working for them. Once an employee no longer works for the employer, the employer must determine how much longer to keep the employee’s Form I-9. To calculate how long to keep an employee’s Form I-9, click here.

Click here to read the text of the new state law. Additional information regarding Form I-9 is available by clicking here

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PHILADELPHIA’S WAGE THEFT ORDINANCE: WHAT YOU NEED TO KNOW

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PHILADELPHIA – July 6, 2016 – Passed last fall by City Council, Philadelphia’s new ordinance to provide means and procedures for wage theft complaints took effect on July 1, 2016. Employees can now file official wage theft complaints with the City’s Wage Theft Coordinator.

wage-theft-poster-page-001-232x300

Please click here to know about the new ordinance.

 

New York: Discrimination Based on Association Prohibited

Law Applies to Certain Employers

The New York State Division of Human Rights has issued a regulationthat prohibits discrimination against an individual because of his or herknown relationship or association with a member of a protected class under the state Human Rights Law.

Background
Under state law, it is generally an unlawful discriminatory practice for an employer with 4 or more employees to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against an individual in compensation or in terms, conditions, or privileges of employment because of an individual’s age, race, creed, color, national origin, sexual orientation, military status, sex, disability,predisposing genetic characteristics, familial status, marital status, or domestic violence victim status (collectively referred to as “protected classes”).

Note: The prohibitions against sex discrimination (in all areas of jurisdiction where sex is a protected category) also prohibit discrimination on the basis of gender identity or the status of being transgender.

New Regulation
Where the term “unlawful discriminatory practice” is used in the Human Rights Law, it is construed to prohibit discrimination against an individual because of his or her known relationship or association with a member (or members) of a protected class covered under the relevant provisions of the Human Rights Law.

The new regulation is effective as of May 18, 2016. Click here to read the text of the new rule. The text of the New York State Human Rights Law is available here.

 

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Oklahoma Clarifies the Relationships Between Franchisors, Franchisees, and Employees

Law Effective November 1, 2016

Under a new law in Oklahoma, a franchisor is not considered the employer of a franchisee or a franchisee’s employees.

Additionally, the law clarifies that the employees of a franchisee are not considered employees of the franchisor, and the employees of a franchisor are not considered employees of a franchisee.

The law is effective November 1, 2016. Click here to read the text of the law, which includes definitions of key terms.

To review other laws specific to Oklahoma, visit the State Laws section, click on Oklahoma, and choose your topic of interest from the left-hand navigation menu.

ORIGINALLY POSTED BY HR360

San Francisco: Minimum Wage Rises to $13.00 Per Hour on July 1, 2016

As a reminder, the San Francisco minimum wage will rise to $13.00 per hour san-francisco-ordinances-non-laminated-minimum-wage-paid-sick-hcso-fair-chance-family-friendly-imagebeginning July 1, 2016. A new poster reflecting the updated rate (in multiple languages) is now available by clicking here.

Future Minimum Wage Increases in San Francisco
Additional raises are expected according to the following schedule:

  • $14.00 per hour beginning on July 1, 2017;
  • $15.00 per hour beginning on July 1, 2018; and
  • Increased annually by an amount corresponding to the prior year’s increase (if any) in the Consumer Price Index beginning on July 1, 2019.

Click here for more information.

ORIGINALLY POSTED BY HR360

Colorado: Law Grants Current and Former Employees Access to their Personnel Files

Law Effective January 1, 2017

Under a new law in Colorado, an employee generally has a right to access his or her personnel files maintained by a current or former employer. Key provisions of the law are presented below.

Right of Access

  • Employers must, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file(s) at the employer’s office and at a time convenient to both the employer and the employee.
  • A former employee may make one inspection of his or her personnel file after termination of employment.
  • An employer may restrict the employee’s or former employee’s access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer.
  • The employer may require the employee or former employee to pay the reasonable cost of duplication of documents.

Scope of the Law

  • “Personnel file” means the personnel records of an employee, in the manner maintained by the employer and using reasonable efforts by the employer to collect, that are used or have been used to determine the employee’s qualifications for employment, promotion,additional compensation, or employment termination or otherdisciplinary action.
    • Note: Certain information is excluded from coverage. Click herefor more information.
  • The law does not require an employer to:
    • Create, maintain, or retain a personnel file on an employee or former employee; or
    • Retain any documents that are or were contained in an employee’s or former employee’s personnel file for any specified period of time.
  • Certain financial institutions are exempt from the law’s requirements.

The law is effective January 1, 2017. Click here for more information.

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Minimum Wage Rate in Maryland (MD)

  • Effective July 1, 2016, Maryland’s minimum wage rate is $8.75 per hour and $3.63 per hour for tipped employees.

Special Update: The minimum wage in Maryland will rise over the next several years, according to the following schedule:

  • $9.25 per hour beginning July 1, 2017; and
  • $10.10 per hour beginning July 1, 2018.

Effective as of July 1, 2014, an employer’s tip credit may not exceed the state minimum wage less $3.63.

Special Notes Regarding Tipped Employees: A tipped employee customarily and regularly receives more than $30 per month in tips. If the employee’s tips and the cash wage do not equal the minimum wage, the employer must make up the difference. A tipped employee who spends more than 20% of his or her work time performing non-tip producing duties directly related to his or her tipped occupation must be paid at least the minimum wage for that time. Maryland generally prohibits employers from:

  • Requiring a tipped employee to reimburse the employer or pay the employer an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying; or
  • Making a deduction (subject to applicable law) from the wage of a tipped employee to reimburse the employer for an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying.

Employers must conspicuously post a printed notice of the provisions of the law in a place where a tipped employee is employed. 

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

ORIGINALLY POSTED BY HR360