Minimum Wage Increases Effective July 1

Minimium Wage July 2018

Minimum Wage Rates Effective July 1, 2018. This is NOT an exhaustive list, and is used for illustration purposes only.

Effective July 1, 2018, the minimum wage will increase in the following states and localities as follows. To access the actual posting requirements for each municipal or local requirement, CLICK HERE, then click on your state.

  • Maryland: $10.10 per hour (Already included in our 2018 combo poster)
  • Oregon: $10.75 per hour (Already included in our combination poster as of April 2nd 2018)
    ($12.00 per hour in the Portland metropolitan area;
    $10.50 per hour in nonurban counties)
  • District of Columbia (DC): $13.25 per hour (Already included in our 2018 combo poster)
  • Los Angeles, CA: $13.25 per hour for employers with 26 or more employees;                                             $12.00 per hour for employers with 25 or fewer employees
  • Chicago, IL: $12.00 per hour
  • Cook County, IL: $11.00 per hour
  • San Francisco, CA: $15.00 per hour
  • Minneapolis, MN: $11.25 per hour for employers with 100 or more employees;                                           $10.25 per hour for employers with 100 or fewer employees
  • Belmont, CA: $12.50 per hour
  • Emeryville, CA: $15.00 per hour
  • Malibu, CA: $13.25 per hour for employers with 26 or more employees;
    $12.00 per hour for employers with 25 or fewer employees
  • Milpitas, CA: $13.50 per hour
  • Pasadena, CA: $13.25 per hour for employers with 26 or more employees;
    $12.00 per hour for employers with 25 or fewer employees
  • San Leandro, CA: $13.00 per hour
  • Montgomery County, MD:
    • $12.25 per hour for employers with 51 or more employees;
    • $12.00 per hour for employers with 2-50 employees

Additional minimum wage rates may apply for tipped employees and in metropolitan areas. Be sure to comply with any local wage requirements that apply to your business. Updated local and municipal posters can be found here: http://www.allinoneposters.com/Specific-City-and-Industry-Notices

*Some posters may not yet be available (such as Montgomery County Maryland as of June 19, 2018)

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.

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

Department of Labor Cites GA Roofing Contractor For Exposing Employees to Fall Hazards, Proposes Penalties

BIRMINGHAM, AL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has again cited Jose A. Serrato, an independent roofing contractor based in Marietta, Georgia, for exposing employees to fall hazards at a worksite in Birmingham. The employer, who has been cited seven times in the past five years, faces $133,604 in proposed penalties.

OSHA conducted the investigation under the Agency’s Regional Emphasis Program for Falls in Construction, and cited Serrato for exposing employees to fall hazards of approximately 28 feet, and for failing to re-train employees who did not demonstrate the skills necessary to recognize fall hazards.

“Employers are responsible for ensuring their worksites are free of recognized hazards,” said Ramona Morris, OSHA Birmingham Area Office Director. “This employer has continually exposed employees to fall hazards by disregarding federal safety requirements.”

Serrato has 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.

Displaying safety posters signify a commitment to compliance. Our Safe Lifting, Avoiding Slips, Trips, and Falls Poster can be used in conjunction with the required safety training for your employees.

Proposed OSHA Rule for California Indoor Heat Illness Protection due January 1, 2019

On September 29, 2016, Governor Brown signed a bill that directs Cal/OSHA to create a regulation protecting employees of indoor workplaces from heat illness. Section 6720 was added to SB 1167 requiring that a proposed rule be submitted to Cal/OSHA Standards Board by January 1, 2019. The standard would apply to all indoor work areas where the temperature equals or exceeds 80 degrees Fahrenheit when employees are present.

In November 2015, the California Occupational Safety and Health Appeals Board has ruled in favor of Cal/OSHA’s citations against two employers because their Injury and Illness Prevention Programs (IIPP) failed to effectively address the hazard of indoor heat.

“This is the first case of indoor heat considered by the Appeals Board. In this case, the ruling affirms that California’s IIPP standard can be used to address hazards that the standard does not specifically identify, including indoor heat,” said Christine Baker, Director of the Department of Industrial Relations (DIR).

On-the-job heat exposure is a risk during operations involving high air temperatures, radiant heat sources, high humidity, direct physical contact with hot objects, or strenuous physical activities. Affected workplaces may include foundries, brick-firing and ceramic plants, glass products facilities, rubber products plants, electric utilities, commercial kitchens, laundries, chemical plants, and smelters.

OSHA emphasizes that while thousands of workers become sick each year from occupational heat exposure, the illnesses and deaths that can result are preventable.

All in One Poster Company designed the California Heat Illness Prevention for Indoor Work Environments to address this requirement. Our poster contains steps to prevent heat illness, types of heat illnesses and treatments, and steps that both employees and employers can take to address this issue and create a plan of action. Our easy-to-read, laminated poster is designed to supplement the mandatory training that will be required by the Cal/OSHA standard. It can also be used as a quick reference guide in preventing heat stress, heat exhaustion, heat stroke, or even death.

Our California Heat Illness Prevention for Indoor Work Environments Poster is available in both English and Spanish, and measures 24″ x 39″.

All in One Posters - California Heat Illness Prevention for Indoor Working Environments

DOL Replaces Guidance on Employee Classification

The U.S. Department of Labor (DOL) has withdrawn its 2014 guidance regarding the meaning and scope of the term “employment relationship” under the federal Fair Labor Standards Act (FLSA) and replaced it with its guidance from 2008. As a result of this move, the DOL no longer advises that “most workers are employees.”

Withdrawn 2014 Guidance
In 2014, the DOL issued guidance on how to determine whether an employment or independent contractor relationship exists for purposes of the federal FLSA. The guidance stated, among other things, “Applying the FLSA’s definition [of “employ”], workers who are economically dependent on the business of the employer, regardless of skill level, are considered to be employees, and most workers are employees.” Effective immediately, this guidance has been withdrawn.

2008 Guidance Once Again Effective
The 2014 guidance has been replaced by guidance from 2008. The 2008 guidance does not contain the guidance that “most workers are employees.” However, this guidance does include the same “economic realities” test present in the 2014 guidance, under which determination of employee status is made by considering the following factors:

  • Whether the work performed is an integral part of the employer’s business.
  • Whether the worker’s managerial skill affects the worker’s opportunities for profit or loss.
  • The worker’s relative investment compared to the employer’s investment.
  • Whether work performed requires special business skills, judgment, and initiative.
  • Whether the worker-employer relationship is permanent or indefinite.
  • The nature and degree of the employer’s control of the work.
Originally posted by HR360

What Is My California Wage Order?

The California Industrial Welfare Commission (IWC) Wage Orders regulate wages, hours, and working conditions.  Employers must comply with the IWC Wage Order and California and Federal labor laws applicable to their business or industry.

For example, IWC Wage Order 1 applies to the manufacturing industry; Wage Order 4 applies to professional, technical, clerical, mechanical and similar occupations; Wage Order 7 applies to the mercantile industry; Wage Order 9 applies to the transportation industry; Wage Order 12 applies to the motion picture industry; Wage Order 14 applies to agricultural occupations; Wage Order 15 applies to household occupations; and Wage Order 16 applies to occupations in the construction, drilling, logging and mining industries.

Here are several things you need to know about the IWC Wage Order:

  • It is required for ALL employers in California to post a copy of the correct IWC Wage Order Poster under Labor Code 1183(d);
  • It is enforced by the California Labor Commissioner’s Office/Division of Labor Standards Enforcement (DLSE);
  • It is the number one required poster on the state’s list of required notices, listed even before the contents of our California and Federal Combination Poster;
  • It states at the very top of the California Minimum Wage notice, “Please post next to your IWC Industry or Occupation Order”.

The California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement or DLSE, has created a pamphlet called “WHICH IWC ORDER?  Classifications” to assists employers and employees in determining which IWC Wage Order applies to a business or employee (available at http://www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF).

Each California Wage Order covers regulations on topics such as:

  • Administrative, executive and professional exemptions;
  • Overtime wages;
  • Alternative workweeks;
  • Minimum wages;
  • Reporting time pay;
  • Records retention;
  • Cash shortage and breakage;
  • Uniforms and equipment;
  • Meals and lodging;
  • Meal periods;
  • Rest periods; and
  • Required posting of the order.

The Industrial Welfare Commission (IWC) provides 17 different California Wage Orders. However, the DLSE has not made a determination as to who is classified under the 17th Wage Order – Miscellaneous Employees. Every California employer should know the applicable Wage Order for her/his/its business and employees and the regulations regarding wages, hours and working conditions contained therein.

Here is a list of the 16 different IWC Wage Orders, excluding the one for miscellaneous employees.

(1) Manufacturing Industry (9) Transportation Industry
(2) Personal Services
(gyms, hair and nail salons, massage parlor, etc)
(10) Amusement & Recreation Industry (Amusement Parks, Bowling Alleys, Golf Courses, Ski Resorts, etc.)
(3) Canning, Freezing & Preserving Industry (11) Broadcasting Industry
(Broadcasting and Taping, TV and Radio Broadcasting)
(4) Professional, Technical, Clerical, Mechanical, and Similar Occupations
Teachers, Engineers, Real Estate Brokerage, Financial Firms, Legal Firms, Professional Firms, Travel Agencies, Non-Profit, Government Employees, etc.)
(12) Motion Picture Industry
(Film, TV, Video Production, Advertising Films, Casting, Wardrobe and Property Rental for Production, etc.)
(5) Public Housekeeping Industry (Restaurants, Hotels, Hospitals, Nursing Homes, Public Storage, Grounds and Property Maintenance, Schools with Dormitories, etc) (13) Agricultural Products for Market, On The Farm
(packing, processing, slaughtering, nut hulling/shelling/cracking, etc. when done on grower’s own land and product)
(6) Laundry, Linen Supply, Dry Cleaning and Dyeing Industry (14) Agricultural Occupations
(Field Workers, Fish Hatcheries, Wranglers, Cowboys/Cowgirls, etc.)
(7) Mercantile Industry
(purchasing, selling, or distributing goods or commodities at retail or Wholesale, or renting goods or commodities)
(15) Household Occupations
(Day Workers, Employees of private households)
(8) Industries handling products after harvest (not on the farm) (16) On-Site Construction, Mining, Drilling, Landscaping Industry

For the convenience of our valued customers, All In One Poster Company has created an all-in-one version of the California IWC Wage Order Poster, available in a 24″ x 39″ laminated poster format that can be purchased by itself, or as part of our California Packages that include a California & Federal Combination Poster.

Note: California employers must also comply with additional applicable local requirements, which might include city-specific minimum wage requirements that may be higher than the state minimum wage. All in One Posters has created this page that lists some of the major local posting requirements.

This article is intended as a guide in determining the classifications of businesses and occupations under the Industrial Welfare Commission Orders. These guidelines and classifications of employees are general in nature and the existence of specific facts and circumstances of the employment relationship and operations of a particular employer may require a different determination of proper classification that the general one set forth herein. As new types of businesses and occupations are constantly coming
into existence, there undoubtedly are businesses and occupations that have not been included on the state’s classification index. Additionally, as industry practices and business structures evolve, circumstances may dictate the change in classification of a particular occupation from one wage order to another wage order.

Reminder: Guidance Available on Avoiding Employee Misclassification Under the FLSA

DOL Guidance Outlines ‘Economic Realities’ Test

As a reminder to employers, the U.S. Department of Labor’s (DOL) Wage and Hour Division previously issued guidance on how to avoid misclassifying employees as independent contractors for purposes of the federal Fair Labor Standards Act (FLSA).

Economic Realities Test
In order to make the determination of whether a worker is an employee or an independent contractor under the FLSA, courts and the DOL use the multi-factorial “economic realities” test, which focuses on whether the worker is economically dependent on the employer or in business for him or herself. Each factor of the “economic realities” test is outlined below.

  • Is the Work an Integral Part of the Employer’s Business? If the work performed by a worker is integral to the employer’s business, it is more likely that the worker is economically dependent on the employer. A true independent contractor’s work, on the other hand, is unlikely to be integral to the employer’s business.
  • Does the Worker’s Managerial Skill Affect the Worker’s Opportunity for Profit or Loss? This factor should not focus on the worker’s ability to work more hours, but rather on whether the worker exercises managerial skills and whether those skills affect the worker’s opportunity for both profit and loss.
  • How Does the Worker’s Relative Investment Compare to the Employer’s Investment? The worker should make some investment (and therefore undertake at least some risk for a loss) in order for there to be an indication that he or she is involved in an independent business. The worker’s investment should not be relatively minor compared with that of the employer. If the worker’s investment is relatively minor, that suggests that the worker and the employer are not on similar footings and that the worker may be economically dependent on the employer.
  • Does the Work Performed Require Special Skill and Initiative? A worker’s business skills, judgment, and initiative, not his or her technical skills, will aid in determining whether the worker is economically independent.
  • Is the Relationship Between the Worker and the Employer Permanent or Indefinite? Permanency or indefiniteness in the worker’s relationship with the employer suggests that the worker is an employee. However, a lack of permanence or indefiniteness does not automatically suggest an independent contractor relationship. The key is whether the lack of permanence or indefiniteness is due to operational characteristics intrinsic to the industry or the worker’s own business initiative.
  • What is the Nature and Degree of the Employer’s Control? The employer’s control should be analyzed in light of the ultimate determination of whether the worker is economically dependent on the employer or truly an independent businessperson. The worker must control meaningful aspects of the work performed such that it is possible to view the worker as a person conducting his or her own business.

Most workers are employees under the FLSA, according to the guidance. The text of the guidance is available by clicking here. Additional information and resources on employee misclassification, including fact sheets and press releases, are available from the DOL’sWage and Hour Division.

Note: Additional guidance on distinguishing employees from independent contractors for federal tax withholding purposes is available from the Internal Revenue Service.

ORIGINALLY POSTED BY HR360

Illinois Enacts Child Bereavement Leave Act

Law Applicable to Certain Large Employers

A new law in Illinois allows certain employees to take child bereavement leave. Highlights of the law are presented below.

Coverage
The law covers (among other entities) employers with 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Employees are generally covered if they:

  • Work for a covered employer;
  • Have worked at least 1,250 hours during the 12 months prior to the start of leave;
  • Work at a location where the employer has 50 or more employees within 75 miles; and
  • Have worked for the employer for at least 12 months (not required to be consecutive).

State Bereavement Leave
Covered employees are entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to:

  • Attend the funeral (or alternative to a funeral) of a child;
  • Make arrangements necessitated by the child’s death; or
  • Grieve the child’s death.

Bereavement leave under the provisions above must be completed within 60 days after the date on which the employee receives notice of the child’s death.

Note: “Child” means an employee’s son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

Notice
An employee must provide the employer with at least 48 hours’ advance notice of the employee’s intention to take bereavement leave, unless providing such notice is not reasonable and practicable.

The law is effective as of July 29, 2016. The text of the law features additional provisions affecting employers and employees.

ORIGINALLY POSTED BY HR360