TN Employers May Prohibit Carrying Firearms Onto Business Property

Tennessee employers and business owners may prohibit employees and patrons from carrying firearms and weapons onto business premises. This is true even when an employee or patron possesses a lawful open or concealed carry permit.

However, in order to prohibit such firearms, employers and business owners must comply with the notice requirements set forth in Tennessee Code Annotated (“T.C.A.”) section 39-17-1359(b).

The new requirements are very specific. The notice must:

  • Be displayed in “prominent locations including all entrances primarily used by persons entering the property;”
  • Be “plainly visible to the average person entering the property;”
  • Be in English, and it also may be duplicated in any language used by persons who frequent the property;
  • Include the phrase “NO FIREARMS ALLOWED” and that phrase must be at least one inch high and eight inches wide;
  • Include the phrase “as authorized by T.C.A. § 39-17-1359” (apparently in any size you want); and
  • Include a “pictorial representation of the phrase ‘NO FIREARMS ALLOWED,’” and if you were wondering what exactly that means, the statute tells you.
    • It must include a “circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line.” The “pictorial representation” must be at least four inches high and four inches wide, and the diagonal line must be at a 45 degree angle from the upper left of the circle to the lower right side of the circle.

If the building or property is posted with a proper “no firearms” notice, then possession of a weapon on posted property is a Class B misdemeanor punishable by a $500 fine. Even if you are a handgun carry permit holder, you can still commit a Class B misdemeanor for possessing a weapon on posted property. However, handgun-carry permit holders are permitted to keep their firearms and ammunition locked inside their vehicles even if the property is posted in accordance with Tennessee’s so-called “guns-in-trunks” law.

To help our patrons comply, All In One Poster Company has designed this 11″ x 17″ poster that adheres to the new posting requirements. Individuals, businesses, and government entities that were already posted as no-weapons areas as of January 1, 2015 have until January 1, 2018 to replace them with signs that meet the new statute’s requirements. If, however, you are late to the “no weapons” posting party, make sure you get a compliant sign. Click on the image below to purchase.

TN No Firearms Allowed 11x17

New Massachusetts Law Limits Certain Criminal History Inquiries

Massachusetts has limited certain inquiries into criminal history.

Restricted Information
Among other things, employers with 6 or more employees are generally prohibited from requesting any information or using any job application to request a person’s:

  • Sealed or expunged criminal record; or
  • Misdemeanor conviction where the date of the conviction or completion of any period of resulting incarceration, whichever date is later, occurred 3 or more years (a change from 5 or more years) before the date of the job application or request.

These provisions are effective October 13, 2018Click here to read the law.

Posted by HR360

NYC Enacts New Sexual Harassment Training, Poster, and Information Sheet Requirements

New York City has enacted new sexual harassment trainingposter, and notice requirements for employers. Starting April 1, 2019, employers with 15 or more employees will be required to annually conduct anti-sexual harassment interactive training for all employees, including supervisors and managers. In addition, starting September 6, 2018, all employers will be required to:

  • Post an anti-sexual harassment rights and responsibilities poster in employee breakrooms or other common areas where employees gather; and
  • Distribute an information sheet on sexual harassment to employees at the time of hire and in the employee handbook.

The city is expected to release a model poster and information sheet soon.

Additional requirements applyClick here for more on the training requirement. Click here for more on the poster and information sheet requirements.

Posted by HR360

U.S. Department of Labor Cites Florida Health Facility for Exposing Employees to Workplace Violence

BRADENTON, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Premier Behavioral Health Solutions of Florida Inc. and UHS of Delaware Inc., the operators of Bradenton-based Suncoast Behavioral Health Center, for failing to protect employees from violence in the workplace. Proposed penalties total $71,137.

OSHA responded to a complaint that employees were not adequately protected from violent mental health patients. OSHA cited Premier Behavioral Health Solutions of Florida Inc. and UHS of Delaware Inc., subsidiaries of Universal Health Services Inc., for failing to institute controls to prevent patients from verbal and physical threats of assault, including punches, kicks, and bites; and from using objects as weapons. Another UHS subsidiary was cited in 2016 for a deficient workplace violence program.

“This citation reflects a failure to effectively address numerous incidents over the past two years resulting in serious injuries to employees of the facility,” said Les Grove, OSHA Tampa Area Office Director.

Premier Behavioral Health Solutions of Florida Inc. and UHS of Delaware Inc. have 15 business days from receipt of its citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit http://www.osha.gov.

All in One Poster Company has developed he 8-in-1 Healthcare Safety Poster, one of the most important safety posters applicable to the healthcare industry.

HomeHealthCareSafety

This poster describes various risks and safety precautions to be observed by an employee for a healthcare organization which includes the following topics:
· Emergency First Aid
· Fall Prevention
· Patient Lifting
· Latex Allergy
· Bloodborne Pathogens
· Safe Vehicle Operation
· Workplace Violence
· Hand Wash Notice

This poster is ideal for: In-Home Care Providers, Skilled Nursing or Convalescent Homes, Home Health Agencies, Assisted Living Facilities, Medical Clinics and Laboratories, Hospitals, Sanitariums, Institutions for Individuals with Mental and Developmental Disabilities, etc.

 

New York State Clean Indoor Air Act Includes Vaporizers and E-Cigatrettes

WHAT WAS ADDED: As of November 22, 2017, legislation has included electronic cigarettes, vaporizers, and similar devices to the Clean Indoor Air Act, which bans their use everywhere that smoking tobacco products are prohibited.

BACKGROUND: Effective July 24, 2003, the amended New York State Clean Indoor Air Act (Public Health Law, Article 13-E) prohibits smoking in virtually all indoor public areas including workplaces, restaurants and bars.

WHERE IS SMOKING PROHIBITED
Public Health Law, Article 13-E, Section 1399-o states that smoking shall not be permitted and no person shall smoke in the following indoor areas:

  • Places of employment;
  • Bars and Restaurants;
  • Enclosed indoor swimming areas;
  • Public transportation including all ticketing, boarding and waiting areas; buses, vans, taxicabs and limousines;
  • All places of employment where services are offered to children;
  • All schools, including school grounds;
  • All public and private colleges, universities and other educational and vocational institutions;
  • General hospitals;
  • Residential health-care facilities, except separately designated smoking rooms for adult patients;
  • Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity;
  • All indoor arenas;
  • Zoos; and
  • Bingo facilities.

WHERE IS SMOKING PERMITTED
Smoking is permitted in the following areas or businesses:

  • Private homes and private residences when not used for day care; private automobiles;
  • Hotel or motel rooms rented to one or more guests;
  • Retail tobacco businesses (primary activity is the retail sale of tobacco products and accessories, and the sale of other products is merely incidental);
  • Membership associations where all duties related to the operation of the association are performed by volunteers who are not compensated in any manner;
  • Cigar bars in existence prior to January 1, 2003 (where 10% or more of total annual gross income is from the sale of tobacco products); and
  • Up to 25% of seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated smoking areas.

POSTING OF SIGNS
Public Health Law, Article 13-E, Section 1399-p Posting of Signs

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained where smoking is regulated (prohibited or permitted) by this article, by the owner, operator, manager or other person having control of such area. ALL IN ONE POSTER COMPANY offers a NO SMOKING and NO VAPING COMBINATION SIGN that may be used in accordance with the amendment to the law that now includes electronic cigarettes, vaporizes, and similar devices.

VIOLATION AND PENALTY
The enforcement officer for a city or county health department can assess a penalty of up to $1,000 for each violation. In areas where the State Health Department is the enforcement officer, a fine of up to $2,000 may be assessed.

New Jersey Statewide Earned Paid Sick Leave Law begins October 29, 2018

Law Preempts Local Sick Leave Ordinances

A new law will generally require New Jersey employers to provide earned paid sick leave to each employee in New Jersey beginning October 29, 2018. Notably, the law preempts all local sick leave ordinances. The following chart summarizes the law and its requirements.

Which Employees and Employers Are Covered? All employers and paid employees in New Jersey.
Must an Employer Compensate Leave? Yes. An employer generally must pay an employee for earned sick leave at the same rate of pay with the same benefits as he or she normally earns. However, an employee is generally notentitled to payment of unused earned sick leave upon termination, resignation, or retirement.
How Much Leave May an Employee Accrue and Use? 40 hours
Which Life Events Qualify for Leave?
  • Mental or physical illness or injury of an employee or his or her family member.
  • Attending certain meetings or events for a child’s education or care.

 

Additional requirements and exceptions apply. Click here to read the new law.

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

St. Paul Minnesota Earned Sick and Safe Time

On January 1, 2018 all Saint Paul employers with employees working in Saint Paul must provide Earned Sick and Safe Time (ESST) to their employees.

ESST can be used for an employee’s absence from work due to illness, medical appointments, or critical safety issues, including domestic violence, sexual assault or stalking. All employees working in the City of Saint Paul, for employers located in the City of Saint Paul, are eligible for the benefit, including full time, part-time and temporary workers.

To read more about the ordinance, rules, and access the complaint form, you may visit this website: https://www.stpaul.gov/departments/human-rights-equal-economic-opportunity/contract-compliance-business-development/earned

English and Spanish posters can be downloaded from our list of additional and local notices here: http://www.allinoneposters.com/Specific-City-and-Industry-Notices

New Jersey Equal Pay Law Takes Effect July 1, 2018

Law Effective July 1, 2018

A new state law expands coverage of existing law to prohibit discrimination in wages on the basis of any protected class. Highlights of the law include the following.

Prohibited Employer Actions
Under the new law (applicable to employers of all sizes), an employer may not pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.

In addition, an employer who is paying a rate of compensation in violation of the new law may not reduce the compensation of any employee to comply with the law.

Exceptions
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority or merit system, among other exceptions.

The law takes effect on July 1, 2018Click here to read the new law, which includes additional exceptions.

Background
Current New Jersey law prohibits employers from discriminating in any job-related action, including (among other things) compensation and the terms, conditions, and privileges of employment on the basis of any of the law’s specified protected categories (e.g., race, creed, color, national origin, nationality, ancestry, age, and sex).

As of today, no poster revisions or requirements have been released. All In One Posters will be monitoring future developments.

Originally posted by HR360

New Jersey Releases Discrimination Poster to Providing Protections to Nursing Mothers

On January 8, 2018, former New Jersey Governor Chris Christie signed new legislation amending the New Jersey Law Against Discrimination to add breastfeeding as a protected class under the law. The Amendment, which takes effect immediately, makes it unlawful to discriminate or retaliate against an employee that the employer knows, or should know, is either breastfeeding or expressing milk for her infant child.

Our New Jersey Labor Law Posters now include the updated posting that was just released last week.