Are you ready to stay in compliance?

Preorder your labor law posters now to comply with the 2019 new regulations. Below is a list of the state updates:

STATE NOTICE Revision
AK Minimum Wage Minimum wage goes up from $9.84 to $9.89 effective January 1, 2019.
AR Minimum Wage
AZ Minimum Wage Minimum wage goes up from $10.50 to $11.00 effective January 1, 2019.
CA Family Care and Medical Leave and Pregnancy Disability Leave The DFEH is considering changes to the CFRA Act to add New Parental Leave Act.
Discrimination and Harassment SB 1343 requires employers with five or more employees to provide antiharassment training to
nonsupervisory employees as well as supervisors. Previously the training requirement applied to
employers with at least 50 employees,
Minimum Wage Minimum wage goes up from $10.50 to $11 for 1-25 employees and $11 to $12 for 26+ employees effective January 1, 2019.
IWC Wage Orders (Separate Poster) The Wage Orders will be updated to reflect the new minimum wage rate.
CO Minimum Wage Minimum wage goes up from $10.20 to $11.10 effective January 1, 2019.
DE Minimum Wage Minimum wage goes up from $8.25 to $8.75 effective January 1, 2019.
FL Minimum Wage Minimum wage goes up from $8.25to $8.46 effective January 1, 2019.
HI Discrimination SB 2351 amends Hawaii’s discrimination statute to prohibit employers from asking applicants about salary history.
IL ISERRA Illinois Service Member Employment & Reemployment Rights Act which “clarifies and strengthens” existing laws to ensure
service members’ employment and rights protection while fulfilling military requirements.
LA Earned Income Credit The income limit information will be updated for 2019.
MA Minimum Wage Minimum wage goes up from $11 to $12 effective January 1, 2019.
ME Minimum Wage Minimum wage goes up from $10 to $11 effective January 1, 2019.
MI Minimum Wage Minimum wage goes up from $9.25 to $10 effective January 1, 2019.
MN Minimum Wage Minimum wage goes up from $8.31 to $9.30 effective January 1, 2019.
MO Minimum Wage Minimum wage goes up from $7.85 to $8.60 effective January 1, 2019.
MT Minimum Wage Minimum wage goes up from $8.30 to $8.50 effective January 1, 2019.
NE Unemployment Changes to the state’s Unemployment Insurance law may bring a mandatory poster change.
NJ Minimum Wage Minimum wage goes up from $8.60 to $8.85 effective January 1, 2019.
NY Minimum Wage Minimum wage goes up from $10.40 to $11.10 effective December 31, 2018.
OH Minimum Wage Minimum wage goes up from $8.30 to $8.55 effective January 1, 2019.
RI Minimum Wage Minimum wage goes up from $10.10 to $10.50 effective January 1, 2019.
SD Minimum Wage Minimum wage goes up from $8.85 to $9.10 effective January 1, 2019.
VT Minimum Wage Minimum wage goes up from $10.50 to $10.78 effective January 1, 2019.
WA Minimum Wage Minimum wage goes up from $11.50 to $12 effective January 1, 2019.

Wordpress Blog 2019

Cal/OSHA Emergency Regulation Approved: Certain Employers Must Electronically Submit Form 300A on Occupational Injuries and Illnesses

News Release No.: 2018-90                                             Date: November 6, 2018

Oakland—Cal/OSHA’s emergency regulations requiring certain employers in California to electronically submit each year their Form 300A summaries of work-related injuries and illnesses to federal OSHA have been approved by the Office of Administrative Law (OAL).

The following employers must submit online the Form 300A covering calendar year 2017 by December 31, 2018:

  • All employers with 250 or more employees, unless specifically exempted by section 2 of Title 8 of the California Code of Regulations.
  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.

Employers described above that are now required to submit their 300A summaries online each year should follow the instructions on federal OSHA’s Injury Tracking Application webpage.

Cal/OSHA will proceed with the formal rulemaking process to make the emergency regulations permanent by submitting the required documentation to OAL. The rulemaking process will include a public comment period and public hearing. The dates for the comment period and public hearing will be posted on Cal/OSHA’s proposed regulation page.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). Complaints can also be filed confidentially with Cal/OSHA district offices.

 

ORIGINALLY POSTED BY DIR. CA.GOV

PREORDER YOUR 2019 LABOR LAW POSTERS

All In One Poster Company will begin taking pre-orders for 2019 labor law posters starting today, November 1st, 2018.

Orders placed on or after November 1st will automatically be on hold. Actual poster shipment will vary by state and can range between December to January based on when the state releases the update.

Our State & Federal Combination poster consists of both State aNew York 2006 FedOSHAnd Federal required notices with the exception of specific industries/cities notices which you can purchase separately. You may opt to purchase the Stand Alone posters which does not include any replacement poster for future updates or you may purchase our subscription plans.

Our State and Federal Combination Poster Subscription Plan was developed to cater to time-constrained Human Resource professionals interested in hassle-free compliance good for one, two or three years. During the entirety of the subscription plan, companies and individuals will automatically receive a BRAND NEW updated Combination Poster (not a sticker, printout, or email) when a mandatory change occurs in either the State or Federal laws. Only the initial shipping cost is billed to you whether you choos

e to go with a 1, 2 or 3 year program, which makes the 3-year option the most cost effective. The plan will commence on the date of purchase and will expire exactly 1, 2, or 3 years from that date.

Enrollment in our Compliance Program subscription

plans works like insurance. It is a prepaid plan. We cannot guarantee that mandatory changes will occur within the duration of any enrollment period, but the plan does guarantee that you receive a replacement poster when they do occur, regardless of how often they occur. Absolutely no refunds will be given after 30 days of purchase.

The pricing you see is for one (1) poster + compliance program only. The pricing is already inclusive of the initial poster. There is no need to purchase a separate standalone poster. If you require a Spanish version, you will need to purchase this separately.

If you are a Federal Contractor, we also offer posters with your additional posting requirements. Our Federal Contractor Package is a 2 part-poster panel that was created especially for Federal Contractors and Sub-Contractors to fulfill compliance posting requirements for both the State and Federal laws

Contact us to purchase your compliance posters at 714-521-7720 or you may go to our website at www.allinoneposters.com

 

Cal/OSHA Notice on Emergency Regulation for Electronic Submission of Form 300A on Occupational Injuries and Illnesses

Oakland—Cal/OSHA on October 18 issued a notice of emergency regulation that would require certain employers to electronically submit their summary of recordable work-related injuries and illnesses covering calendar year 2017 to federal OSHA by December 31, 2018.

Businesses operating in California that would be required to submit the Cal/OSHA Form 300A online include all employers with 250 or more employees, unless specifically exempted by section 14300.2 of Title 8 of the California Code of Regulations, and employers with 20 to 249 employees in the specific industries listed on page 8 of the emergency regulation’s proposed text.

Cal/OSHA submitted the emergency regulation amending recordkeeping sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations to the Office of Administrative Law (OAL) on October 25. Interested persons have until October 30 to submit comments on the proposed emergency regulation. OAL will have until November 5 to review and adopt or deny the proposed regulation.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). Complaints can also be filed confidentially with Cal/OSHA district offices.

 

ORIGINALLY POSTED BY DIR.CA.GOV

Safety Summit Held to Reduce Trenching Fatalities

trenchingEvery year, more than 50 workers die in trench-related incidents and thousands more are injured. OSHA and the North American Excavation Shoring Association recently hosted the Colorado Trench Safety Summit to raise awareness of hazards and best practices. More than 500 attendees participated in training and demonstrations, including a mock trench rescue by local first responders. OSHA also shared compliance assistance resources to help keep workers safe from trenching hazards.

Originally posted from DOL.GOV

All In One Poster Company offers a safety poster for Trenching Excavation!!TrenchingSafety-ENG

 

 

Cal/OSHA Produces Fact Sheet, Poster for Preventing Work-Related Injuries to Housekeeping Workers

Oakland—Cal/OSHA has produced a fact sheet and poster to help employers in the hotel and lodging industry comply with a new regulation to prevent work-related injuries suffered by housekeeping workers. The Hotel Housekeeping Musculoskeletal Injury Prevention regulation went into effect July 1 and requires employers to complete an initial worksite evaluation by October 1 to identify and address housekeeping worker hazards.

The Safety and Health Fact Sheet provides an overview of the workplace health and Preventing Musculoskeletal Injuries in Housekeepers postersafety requirements that reduce the risk of musculoskeletal injuries and disorders common among housekeepers. Employers are also encouraged to post the Preventing Musculoskeletal Injuries in Housekeepers poster in a place accessible to all housekeeping workers. The poster includes information on the causes of musculoskeletal injuries, the employer’s responsibility to have an effective program to control the risk of musculoskeletal injuries, and employees’ rights.

“We created these guidance materials to help workers know their rights and employers their responsibilities to comply with this standard,” said Cal/OSHA Chief Juliann Sum. “In addition, Cal/OSHA Consultation Services are available to assist employers and employees who have questions or need more information.”

The employer’s housekeeping safety program must include the following:

  • Procedures to identify and evaluate housekeeping hazards through worksite evaluations
  • Procedures to investigate musculoskeletal injuries to housekeepers
  • Methods to correct identified hazards
  • Employee and supervisor training on safe work practices and on the process for early reporting of injuries to the employer
  • Procedures to involve employees and their union representative in worksite evaluations, injury investigations, and evaluation of corrective measures

A musculoskeletal injury is caused by a single traumatic event, such as slip, trip or fall, or by repeated exposure over weeks, months or years to repetitive motion, force, vibration or awkward positions caused by daily tasks such as lifting heavy furniture and equipment, pulling linens and pushing carts.

In 2012, hotel worker representatives presented a petition to the Occupational Safety and Health Standards Board requesting a new standard to control the hazards faced by hotel housekeepers. Cal/OSHA convened public advisory meetings over a three-year period to gather information, and determined that existing regulations did not adequately address the hazards faced by housekeepers. Dozens of workers spoke at the meetings, sharing their experiences and discussing how their injuries impacted their lives at work and at home.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Hotel and lodging industry employers are encouraged to contact Cal/OSHA’s Consultation Services Branch for free on-site or telephone consultations. Consultation Services assist employers in developing and maintaining workplace safety and health programs pursuant to Cal/OSHA’s regulations. Employers and employees can call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). Complaints can also be filed confidentially with Cal/OSHA district offices.

 

 

ORIGINALLY POSTED BY DIR

New Fair Chance Law bans Washington employers from asking about criminal history

On Tuesday March 13, 2018, Governor Inslee signed into law a bill that would ban employers from adding that “box” that asks about one’s criminal background history during the initial application process.

Under House Bill 1298, an employer may no do the following:

  • include any question on any job application;
  • inquire either orally or in writing;
  • receive information through a criminal history background check;
  • or otherwise obtain information;

about an applicant’s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.

Once the employer has initially determined that the applicant is otherwise qualified, the employer may inquire into or obtain information about a criminal record.

An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state “no felons,” “no criminal background,” or otherwise convey similar messages are prohibited.

An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position.

Exemptions 
Certain employers are exempt (§ 4) from these prohibitions, including employers who are expressly permitted or required under federal or state law to inquire into or consider information about an applicant’s or employee’s criminal record for employment purposes. This would include jobs in law enforcement, state agencies, schools and other businesses that supervise children, persons with disabilities and vulnerable adults.

The law is expected to take effect on June 6, 2018. Additional provisions are contained in the text of the law.

For the sake of our All In One Posters, it has not been determined at this moment whether a mandatory notice is required to be posted.

An updated Massachusetts Equal Pay Act (MEPA) will go into effect on July 1, 2018

In 1945, Massachusetts became the first state in the country to pass an equal pay law. But the gender pay gap persists in Massachusetts and across the country.  In Massachusetts, on average, women working full time earn only 84.3% of what men earn. The gap is even larger for some women of color.

On July 1, 2018, an updated equal pay law will go into effect in Massachusetts, providing more clarity as to what constitutes unlawful wage discrimination and adding protections to ensure greater fairness and equity in the workplace. The statute, Chapter 177 of the Acts of 2016An Act to Establish Pay Equity, amends the Massachusetts Equal Pay Act, M.G.L. c. 149, § 105A (“MEPA”).

MEPA generally provides that “No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for comparable work.” The law defines “comparable work” as work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions.

MEPA permits differences in pay for comparable work only when based upon:

  1. a system that rewards seniority with the employer (provided, however, that time spent on leave due to a pregnancy-related condition and protected parental, family and medical leave, shall not reduce seniority);
  2. a merit system;
  3. a system which measures earnings by quantity or quality of production, sales, or revenue;
  4. the geographic location in which a job is performed;
  5. education, training or experience to the extent such factors are reasonably related to the particular job in question; or
  6. travel, if the travel is a regular and necessary condition of the particular job.

Importantly, MEPA makes clear that employees’ salary histories are not a defense to liability. Moreover, an intent to discriminate based on gender is not required to establish liability under the law.

Massachusetts has issued new guidance regarding its amended equal pay law. An outline of the guidance is presented below.

New Guidance 
The new guidance contains information on the following topics:

  • Covered employers and employees
  • Definitions of key terms (e.g., “comparable work” and “wages”)
  • Permissible variations in pay
  • The prohibition against restricting employees’ wage discussions
  • The prohibition against seeking salary history information
  • A checklist and guide for employers to assess compliance with the law

Click here to read the guidance. Additional resources, including a fact sheet and pay calculation tool, are also available.

NOTE ON POSTING REQUIREMENT: At this moment, the state has not required or published a poster or posting requirement.

Background 
Employers are generally prohibited from discriminating in any way based on gender in the payment of wages, or from paying a person a salary or wage rate less than the rates paid to its employees of a different gender for comparable work. However, variations in wages are generally not prohibited if based upon certain factors.

The law also generally prohibits employers from requiring that an employee refrain from inquiring about, discussing, or disclosing his or her own wages or another employee’s wages, and from seeking the wage or salary history from a prospective employee or a current or former employer.

The amended law, which takes effect July 1, 2018, contains additional details and prohibitions. Employers may also wish to view the state’s equal pay provisions that are in effect prior to July 1, 2018.

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

The Pregnant Workers Fairness Act amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, enforced by the Massachusetts Commission Against Discrimination (MCAD).

The Act, effective on April 1, 2018, expressly prohibits employment discrimination on the
basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. It also describes employers’ obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers.

Under the Act:

  • Upon request for an accommodation, the employer has an obligation to communicate with the employee in order to determine a reasonable accommodation for the pregnancy or pregnancy-related condition. This is called an “interactive process,” and it must be done in good faith. A reasonable accommodation is a modification or adjustment that allows the employee or job applicant to perform the essential functions of the job while pregnant or experiencing a pregnancy-related condition, without undue hardship to the employer.
  • An employer must accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. “Undue hardship” means that providing the accommodation would cause the employer significant difficulty or expense.
  • An employer cannot require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship to the employer.
  • An employer cannot refuse to hire a pregnant job applicant or applicant with a pregnancy-related condition, because of the pregnancy or the pregnancy-related condition, if an applicant is capable of performing the essential functions of the position with a reasonable accommodation.
  • An employer cannot deny an employment opportunity or take adverse action against an employee because of the employee’s request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition.
  • An employer cannot require medical documentation about the need for an accommodation if the accommodation requested is for: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk. An employer, may, owever, request medical documentation for other accommodations.
  • Employers must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice no later than April 1, 2018.
  • Employers must also provide written notice of employees’ rights under the Act: (1) to new employees at or prior to the start of employment; and (2) to an employee who notifies the employer of a pregnancy or a pregnancy-related condition, no more than 10 days after such notification.

As of today, there has not been any mandatory posters associated with this update that will be included in our posters. All in One Poster Company will continued to monitor this labor law update.

The foregoing is a synopsis of the requirements under the Act, and both employees and employers are encouraged to read the full text of the law available on the General Court’s website here:
https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54.

If you believe you have been discriminated against on the basis of pregnancy or a pregnancy-related condition, you may file a formal complaint with the MCAD. You may also have the right to file a complaint with the Equal Employment Opportunity Commission if the conduct violates the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. Both agencies require the formal complaint to be filed within 300 days of the discriminatory act.

Originally published by MCAD

Workplace Harassment Guideline Issued By EEOC

Originally posted by HR360.com

EEOC Offers Recommendations for Employers

The U.S. Equal Employment Opportunity Commission recently issued Promising Practices for Preventing Harassment, a guidance document that features harassment prevention recommendations for employers in four broad categories:

  • Leadership and accountability;
  • Harassment policies;
  • Harassment complaint systems; and
  • Harassment training.

Under each of the four categories, the guidance lists numerous actions employers can take, such as:

  • Allocating sufficient resources for effective harassment prevention strategies;
  • Crafting an unequivocal statement that harassment based on, at a minimum, any legally protected characteristic is prohibited; and
  • Conducting regular, interactive, and comprehensive harassment prevention training for all employees.

The document states that while the practices it discusses are not legal requirements under federal employment discrimination laws, they may enhance compliance efforts.

To read the guidance document, click here.

All employers are required to take reasonable steps towards preventing harassment from occurring in the workplace. Our SEXUAL HARASSMENT POSTER is a supplementary tool to be used together with an implemented Sexual Harassment Policy which may include required routine training for covered employers.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964

Next Article: What is Workplace Discrimination?