2017 Form 300A Electronic Data Submission Requirement by July 1 2018 Now Applies in All States

Employers in 7 States Lose Exemption

The federal Occupational Safety and Health Administration (OSHA) recently announced that covered establishments in all states—including establishments in California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming—must electronically submit data from their 2017 OSHA Form 300A to OSHA by July 1, 2018. Previously, employers in those seven states were deemed exempt.

As a reminder, the following establishments—if currently required to comply with OSHA’s recordkeeping requirements—are required to electronically submit data from their 2017 Forms 300A to OSHA:

Click here to read the OSHA announcement. To submit your establishment’s data, click here.

Posted by HR360

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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.

Washington Paid Sick Leave Notification Form Now Available

Originally posted by HR360

Model Notice Now Available

Washington has released an employee paid sick leave notification form (“notice”) that is compliant with the state paid sick leave rules.

Notice Requirements
Employers must provide employees with a notice regarding their rights under the sick leave law. The notice may be provided in written or electronic form, and its contents must be made readily available to all employees.

For existing employees (already working before January 1, 2018), the notice must be provided no later than March 1, 2018. For new employees (hired on or after January 1, 2018), the notice must be provided no later than the commencement of employment.

Background
An employer generally must provide each of its employees paid sick leave at the greater of the increased minimum wageor the employee’s normal wage. An employee accrues at least one hour of paid sick leave for every 40 hours workedand may use paid sick leave for certain purposes.

Click here for additional paid sick leave information and resources (e.g., sample policies and FAQs). Additional notice requirements are available by clicking here.

Washington Voters Approve Minimum Wage Increases and Paid Sick Leave

Minimum Wage Increases Begin January 1, 2017

Voters in Washington State have approved a ballot initiative that raises the state minimum wage and requires paid sick leave.

Minimum Wage
Under the initiative, the minimum wage will rise as follows:

  • Beginning January 1, 2017: $11.00 per hour.
  • Beginning January 1, 2018: $11.50 per hour.
  • Beginning January 1, 2019: $12.00 per hour.
  • Beginning January 1, 2020: $13.50 per hour.
  • Beginning January 1, 2021 (and each following January 1st), the minimum wage will be adjusted for inflation.

Note: An employer must pay to its employees all tips and gratuities and all service charges (except those that are itemized as not being payable to the employee(s) servicing the customer). Tips and service charges paid to an employee are in addition to (and may not count towards) the employee’s hourly minimum wage.

Paid Sick Leave
Beginning January 1, 2018, every employer must provide each of its employees paid sick leave (at the greater of the newly increased minimum wage or the employee’s normal wage). Highlights of the law are presented below:

  • An employee will accrue at least one hour of paid sick leave for every 40 hours worked.
  • An employer may provide paid sick leave in advance of accrual, provided that such front-loading meets or exceeds the requirements of the law for accrual, use, and carryover of paid sick leave.
  • An employee is authorized to use paid sick leave for (among other things) an absence resulting from the employee’s mental or physical illness, injury, or health condition, or to allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition.
  • Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.
  • The initiative generally does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon his or her termination, resignation, retirement, or other separation from employment.

Click here to read the initiative.

ORIGINALLY POSTED BY HR360.COM