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Design workspaces with employee health and safety in mind
Employee safety should be at the forefront of the minds of business owners and managers. Safety strategies and best health practices are one thing, but what about the design of the workplace itself? Workplace design can play a big role in enhancing employee safety and well-being. The right design plan can not only implement a safer work environment, but it can have a positive impact on employee morale, productivity and the overall success of the agency. Even the smallest and simplest of changes can have a big impact on workers. Stay competitive with modern benefits
Employers who want to have an engaging workplace, attract and retain top talent, and reduce workforce burnout must evolve with the needs and wants of their workforce. Gone are the days when an employer can focus only on reducing workplace stress to address burnout. Looking at the employee as a whole person creates a loyal, engaged workforce and reduces burnout in the workplace. Agency owners need to offer a full suite of benefits catered to a multigenerational workforce that fits with their budget. Benefit costs can range from minimal to higher costs for the employer, but keep in mind that the cost of recruiting, hiring, and training a new employee is significantly higher than retaining an employee—not to mention the institutional knowledge that is lost and potential loss of clients when an employee leaves. PIA asks DOL to abandon, postpone changes to overtime rule
PIA National joined a coalition of allies in sending a letter to the Wage and Hour Division of the Department of Labor to request that the DOL abandon or postpone the issuance of a planned proposed rulemaking that is expected to alter the overtime regulations pursuant to the Fair Labor Standards Act. The DOL’s fall 2022 regulatory agenda indicated that the DOL’s goal was to publish the Notice of Proposed Rulemaking this spring. The DOL’s forthcoming NPRM on the overtime rule will represent its first consideration of changes to the overtime exemptions since the pandemic upended the labor market beginning in 2020. Despite the lifting of the COVID-19 public health emergency, concerns over supply-chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce continue. Changing the overtime rule now would threaten our vulnerable, still-recovering economy. Federal The Great Resignation may impact the insurance industry
According to the U.S. Bureau of Labor Statistics, nearly 33 million U.S. employees have voluntarily resigned from their jobs since April 2021, in a movement named The Great Resignation. These resignations are happening across myriad industries—including insurance—for a variety of reasons, such as employee dissatisfaction with income and lack of opportunity for career growth. A 2021 study found that insurance professionals may show similar dissatisfaction as professionals in other industries, and 56% of insurance companies are trying to increase their staff, the top reason for which is that they are understaffed. To attract and retain agency staff, agency leaders should pay attention to how they are compensating their employees and creating more opportunity for their employees’ careers to grow—especially when they are recruiting, training and working with young millennials and Generation Z. Employers must comply with federal, state privacy laws
Employers may monitor employee communications and activities for a variety of reasons, including cyber security protection, quality assurance and employee-performance review. However, employers must remember that there are certain employee rights that are protected by federal law (like the Fair Credit Reporting Act and the Electronic Communications Privacy Act) and/or state law (e.g., common-law right to privacy). State laws may provide more protection to employees than federal law alone—so employers need to comply with both. For example, effective Saturday, May 7, 2022, New York employers are required to provide newly hired employees written notice of any electronic monitoring, and they must obtain written or electronic acknowledgment of receipt of the notice. Paid sick leave signed by president
President Donald J. Trump signed the Families First Coronavirus Response Act (H.R.6201) today. The bill provides emergency paid leave for workers and benefits for families, including free COVID-19 testing, covering the costs of eligible emergency room visits, doctor fees, and supplements the food-assistance program. The program will take effect within 15 days of the signing, and will extend through the end of 2020. To learn more about the act, access QS91003 in PIA’s QuickSource library. To find out who is eligible to take paid sick leave per the new paid family leave law, access QS91006. FLSA overtime salary threshold increase in effect
The U.S. Department of Labor’s final rule increases the standard salary an employee must earn in order to be exempt from being paid overtime under the Fair Labor Standards Act. The new rule increases the standard salary level to a weekly wage of $684 per week ($35,568 for the year), an increase from the current threshold of $455 per week ($23,660 per year). Incentive payments—including commissions—may satisfy up to 10% of the annual standard salary level. Under the FLSA, nonexempt employees must be paid an overtime rate of at least time-and-a-half for all hours worked above 40 hours a week. The FLSA overtime requirement does not apply to employees whose nature of employment meet the FLSA criteria, receive a salary and that salary meets the minimum threshold set by the DOL. The new salary threshold took effect Jan. 1, 2020. For more information on the FLSA, access PIA QuickSource document No. QS90722—An overview of the FLSA. DOL increases FLSA overtime threshold
The Department of Labor released the final rule on the threshold to qualify for overtime under the Fair Labor Standards Act. The new rule sets the standard salary level to a weekly wage of $684 per week ($35,568 for the year), an increase from the current threshold of $455 per week ($23,700 per year). Any employee making under that figure would be considered a non-exempt employee and be entitled to overtime for any hours worked over 40. Per the updated rule, an employer may apply bonuses and incentive payments—including commissions—to satisfy up to 10% of the standard salary level. Additionally, the rule increases the total annual compensation level for a highly compensated employee to $107,432 from the current $100,000. The new rule will go into effect on Wednesday, Jan. 1, 2020. PIA will offer members resources and education courses on the overtime rule soon. U.S. DOL proposal would increase the overtime salary threshold
The U.S. Department of Labor announced a Notice of Proposed Rulemaking that would make more than a million more American workers eligible for overtime. Under the proposal, the standard salary level would increase from $455 to $679 per week (equivalent to $35,308 per year).Under the current law, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Workers making at least this salary level may be eligible for overtime based on their job duties. This salary level was set in 2004. This new proposal would update the salary threshold using current wage data, projected to Jan. 1, 2020. For more information on the FLSA, see QS90833, entitled The FLSA—yesterday and tomorrow. OSHA’s final rule eliminates filing requirement
The U.S. Department of Labor’s Occupational Safety and Health Administration announced its final rule that eliminates the requirement for establishments with 250 or more employees to submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA electronically each year. These establishments still are required to submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) electronically. The DOL made these changes to protect workers’ privacy. Collection of Calendar Year 2018 information from the OSHA Form 300A began on Jan. 2, 2019. The deadline for electronic submissions is Saturday, March 2, 2019. U.S. DOL proposes expansion of multiple-employer retirement plans
The Employee Benefits Security Administration at the U.S. Department of Labor proposed an expansion of retirement savings options through Multiple Employer Plans on Oct. 22, 2018. The proposal expands the criteria to join an MEP to businesses in the same industry or with their principal place of business in the same state or metropolitan area. Currently, employers only may join an MEP if they have common ownership or another form of a relationship. This expansion is intended to make it more affordable for small-business employers to offer retirement benefits. More … DOL offers opinion letter on employee travel time
On April 12, 2018, the U.S. Department of Labor issued an opinion letter addressing the issue of how to compensate hourly employees, with no regular workday, for travel under the Fair Labor Standards Act. Under the FLSA, non-exempt employees are required to be compensated for travel away from home when it cuts across an employee’s regular work hours. This is true regardless if travel is on a weekday or a weekend. For example, a 9-to-5 employee who flies for an out-of-town assignment on a Tuesday, at 10 a.m., would be compensable since it is during his normal work hours. However, if the employee travels on a Sunday, at 10 a.m., that travel time would still be compensable since 10 a.m., is still considered part of the employee’s normal 9-to-5 work schedule, even though the employee does not normally work on a Sunday. The question the DOL tackled in the opinion letter was how an employer figures out an employee’s regular work schedule, if the employee doesn’t have a regular schedule. To read the DOL’s ruling on this example, click here. DOL: New program to expedite FLSA claims
The Wage and Hour Division of the U.S. Department of Labor announced a new pilot program, the Payroll Audit Independent Determination program, which expedites resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act. The PAID program will ensure that more employees receive back wages they are owed—faster. Employees will receive 100 percent of the back wages paid, without having to pay any litigation expenses, attorneys’ fees or other costs that may be applicable to private actions. DOL reinstates opinion letters from 2009
Earlier this year, the U.S. Department of Labor reinstated 17 opinion letters from January 2009, which were later withdrawn. The DOL Wage and Hour Division issues opinion letters to offer employers guidance on the Fair Labor Standards Act, the Family and Medical Leave Act and the Davis-Bacon Act. The letters that may be of particular interest to PIANJ members include the following: Salary deductions, year-end non-discretionary bonus and client service managers. U.S. DOL clarifies when interns are subject to FLSA
In a Jan. 5, 2018, bulletin, the U.S. Department of Labor clarified that going forward, it would use the same “primary beneficiary” test the U.S. Court of Appeals uses to determine whether interns are employees under the Fair Labor Standards Act. For more information, see the DOL’s Fact Sheet #71. U.S. DOL seeks comment on plan to delay fiduciary rule
The U.S. Department of Labor announced its intent this week to publish a request in the Federal Register for comments on how to delay final implementation of its fiduciary rule. The DOL is seeking comment on the proposed 18-month extension, as well as other ways the rule might be delayed. As previously reported, the DOL is proposing to extend the second phase of the rule’s implementation until July 1, 2019. The delay would hold off on the use of the best-interest contract exemption, a principal trading exemption and an exemption for insurance sales. Judge strikes down overtime pay rule
U.S. District Judge Amos Mazzant in Sherman, Texas, last week struck down an Obama administration rule that would have extended mandatory overtime pay to more than 4 million workers in the U.S. Top 10 trends influencing the workplace
There is a new wave making its way through HR departments and changing the way benefits managers are looking at everything from recruiting to employee engagement strategies. President’s 2018 budget to include paid family leave
President Donald J. Trump’s 2018 budget proposal will require states to provide paid family leave programs, a senior budget official said Thursday. The budget—set to be released next week—will include a plan to provide six weeks of paid leave to new mothers, fathers and adoptive parents. Under the plan, states would be required to provide leave payments through existing unemployment insurance programs and would have to identify cuts or tax hikes, as needed, to cover the costs. More … DOL will not delay fiduciary rule further
U.S. Labor Department Secretary Alexander Acosta said the Department of Labor plans to start enforcing the fiduciary rule on Friday, June 9, with no further delays, citing legal precedent that calls for the rule to move forward. While the rule will not be fully implemented until Monday, Jan. 1, 2018, the major changes to the financial services industry will now occur by June 9, especially product- and fee-related changes. The DOL previously granted a 60-day delay to help companies prepare in March. The fiduciary rule requires investment brokers to put clients’ interests ahead of their own when giving retirement advice. Opponents to the rule say it will lead to higher investment fees and a smaller industry from which to seek advice for those planning retirement. U.S. DOL proposes extension to fiduciary rule applicability date
The U.S. Department of Labor has announced a proposed extension of the applicability dates of the fiduciary rule and related exemptions, including the Best Interest Contract Exemption, from April 10 to June 9, 2017. IRS: Employers face new Jan. 31 W-2 filing deadline
The IRS issued a press release to remind employers and small businesses of a new Jan. 31, 2017, filing deadline for Forms W-2 and it must hold some refunds until Feb. 15, 2017. A new federal law, aimed at making it easier for the IRS to detect and prevent refund fraud, will accelerate the W-2 filing deadline for employers to Jan. 31. For similar reasons, the new law requires the IRS to hold refunds involving two key refundable tax credits until at least Feb. 15. States file legal challenge to Obama administration overtime pay rule
Officials from 21 U.S. states filed a lawsuit last week that claimed an Obama administration rule to extend mandatory overtime pay to more than 4 million workers will place a heavy burden on state budgets. According to the lawsuit, many state employees would become eligible for overtime pay even though they perform management duties that should make them exempt. DOL issues guidance on employees vs. independent contractors
The U.S. Department of Labor’s Wage and Hour Division last week issued Administrator's Interpretation 2015-1: The Application of the Fair Labor Standards Act’s "Suffer or Permit" Standard in the Identification of Employees Who Are Misclassified as Independent Contractors, which analyzes how the FLSA’s definition of "employ" guides the determination of whether workers are employees or independent contractors under the law. It discusses the breadth of the FLSA’s definition of "employ," as well as provides guidance on the "economic realities" factors applied by courts in determining if a worker is indeed an employee. A map of the Department of Labor misclassification initiative is available at http://www.dol.gov/whd/workers/Misclassification/. DOL issues proposal on overtime pay, employee
The Department of Labor’s Wage & Hour Division has released a notice of proposed rulemaking regarding overtime pay and employee classification under the Fair Labor Standards Act. Under the proposal, in 2016 workers who earn less than $970 a week—$50,440 a year—would have to be paid overtime, even if they’re classified as a manager or professional. Under current regulations, the salary threshold remains at $23,660 ($455 per week). This is more than a 100 percent increase from the current level. The DOL estimates that 10.9 million workers will no longer qualify as exempt based on salary level. DOL to examine reclassification of workers
U.S. Department of Labor Secretary Tom Perez announced last week that his office has been asked by President Obama to address overtime pay protections and has worked to develop a proposed rule that answers the president’s directive and captures input from a diverse range of stakeholders. The DOL has submitted the proposed rule to the Office of Management and Budget for review. In the near future, the public will have an opportunity to weigh-in on the final rule. The proposed regulations are widely expected to target the white-collar exemptions for executive, administrative, professional, computer and outside sales employees and revise the tests used to determine exempt status.What this means to agents: Employers should take action now in anticipation of the revised overtime regulations. FMLA interference ruling underscores employers’ duty to communicate criteria
In Tilley v. Kalamazoo County Road Commission, the U.S. Court of Appeals sided with a former road commission employee this past January when the court held that the employee manual, which did not clearly distinguish the employee as ineligible to receive medical leave under the Family Medical Leave Act, could have influenced the employees decision to leave work during a medical emergency. This decision underscores the importance of clearly communicating FMLA eligibility criteria to all employees. An employee who does not qualify may still receive benefits if criteria are misrepresented. OSHA: New rules for reporting worker injuries
The U.S. Department of Labor’s Occupational Safety and Health Administration announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go into effect on Jan. 1, 2015, for workplaces under federal OSHA jurisdiction. Every employer now must report all work-related fatalities within 8 hours and all work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. There are three reporting options: 1) calling the Occupational Safety and Health Administration's confidential number at (800) 321-OSHA (6742); 2) calling the closest Area Office during normal business hours; or 3) using the new online form. For more help with recordkeeping, go here. Obama signs 'Fair Pay and Safe Workplaces' Executive Order
President Barack Obama signed the "Fair Pay and Safe Workplaces" Executive Order recently, requiring certain bidders on federal procurement contracts for goods and services to disclose labor law violations occurring within the three-year period preceding the bid. The Executive Order aims to hold corporations accountable for law violations; crack down on repeat violators; promote efficient federal contracting; protect responsible contractors; and more. Employers are reminded of OSHA recordkeeping regulation
Under the Occupational Safety and Health Administration (OSHA) Recordkeeping regulation (29 CFR 1904), covered employers are required to prepare and maintain records of serious occupational injuries and illnesses, using the OSHA 300 Log. Employers who are required to keep Occupational Safety and Health Administration Form 300, the Injury and Illness log, must post Form 300A, the Summary of Work-Related Injuries and Illnesses, in a workplace every year from Feb. 1 to April 30. Unemployment Insurance Integrity Act of 2011
This little-publicized addition to the Federal Unemployment Tax Act became law on Oct. 21, 2013 and suggests that employers will have to take a new tack when responding to agency information requests about departed employees’ unemployment compensation claims—if the employer previously has agreed not to contest their UC eligibility. At a minimum, the act requires that all states have laws by Oct. 21, 2013, that:
Connecticut
Conn.: Minimum wage will increase in January
Gov. Ned Lamont on Monday announced that beginning on Monday, Jan. 1, 2024, Connecticut’s minimum wage will increase from the current rate of $15 per hour to $15.69 per hour because of the state’s first-ever economic indicator adjustment. This newly enacted adjustment is required under a state law Lamont signed in 2019 (Public Act 19-4), which implemented five incremental increases in the minimum wage between 2019 and 2023, followed by future adjustments that are tied to the percentage change in the federal employment cost index. Beginning on Jan. 1, 2024, and occurring annually each Jan. 1 thereafter, the state’s minimum wage will be adjusted according to the U.S. Department of Labor’s calculation of the employment cost index for the 12-month period ending on June 30 of the preceding year. The law requires the commissioner of the Connecticut Department of Labor to review this percentage change and then announce any adjustments by Oct. 15 of each year. The minimum wage adjustments become effective on the next Jan. 1.
Connecticut's minimum wage increases
Connecticut’s minimum wage increases from the current rate of $14 per hour to $15 per hour beginning June 1, 2023. Signed into law by Gov. Ned Lamont in May of 2019, Public Act 19-4 requires the minimum wage to increase five times over a five-year period, from the then-rate of $10.10 per hour to: $11 on Oct. 1, 2019; $12 on Sept. 1, 2020; $13 on Aug. 1, 2021; $14 on July 1, 2022; and $15 on June 1, 2023. Ultimately, beginning on Jan. 1, 2024, that same law requires the minimum wage to become indexed to the employment cost index, which is calculated by the U.S. Department of Labor, and for the first time in Connecticut the rate will grow according to economic indicators. WC disability benefit adjusted Oct. 1
The State Labor Commissioner has determined that the estimated average weekly earnings of all employees in Connecticut effective Oct. 1, 2022, has increased from $1,446 to $1,509. Therefore, the maximum compensation rate for total disability and decedents' dependents is now $1,509 for injuries occurring on or after Oct.1, 2022. The maximum compensation rate for partial disability is equivalent to the average weekly earnings of production and related workers in manufacturing in Connecticut, which the Commissioner has determined to decrease from $1,140 to $1,108 effective Oct.1, 2022.
Conn.: Minimum wage to increase July 1
Connecticut’s minimum wage will increase from the current rate of $13 per hour to $14 per hour beginning on Friday, July 1, 2022. Public Act 19-4—which was signed into law by Gov. Ned Lamont in 2019—requires the minimum wage to increase five times over a five-year period—this is the fourth raise since the law was enacted. The final increase will be on June 1, 2023, when the minimum wage will be $15. Connecticut minimum wage increases $1
Gov. Ned Lamont reminded residents last week that the minimum wage in Connecticut is increasing from $12 per hour to $13 per hour. This change went into effect on Aug. 1, 2021. This increase is a direct result of legislation Lamont enacted two years ago, which increases the state’s minimum wage each year over a five-year period. Next year, the minimum wage will increase to $14 per hour, and it will raise one more time to $15 per hour in 2023. Connecticut minimum wage now $11 an hour
Connecticut’s minimum wage rose to $11 from $10.10 on Oct. 1, 2019. Signed in May 2019, Public Act 19-4 requires the minimum wage to increase every 11 months until it reaches $15 in June 2023. Connecticut’s minimum wage will become indexed to the U.S. Department of Labor’s employment cost index, beginning Jan. 1, 2024. Connecticut joins a growing number of states, including New York and New Jersey, which have passed legislation to gradually increase the minimum wage to $15 an hour in the next several years. Connecticut’s new sexual harassment prevention requirements
Gov. Ned Lamont signed legislation mandating employers in Connecticut to take required steps toward informing and training employees in the prevention of inappropriate and prohibited conduct in the workplace. This new legislation is part of a nationwide push to reduce workplace sexual harassment. Public Act No. 19-16 requires all employers with three or more employees to: (1) post information concerning the illegality of sexual harassment in a prominent place in their workplace and on any internal employee information websites; (2) provide a copy of the post to all employees via email; and (3) provide two hours of training and education about sexual harassment prevention by Oct. 1, 2020. State's paid family medical leave plan to go into effective January 2021
After months of discussions and negotiations, Connecticut political leaders drafted and passed a paid family and medical leave bill that will give every employee in the state access to paid, job-protected leave to care for loved ones or address their own major health concerns. Gov. Ned Lamont signed the legislation (Public Act 19-25, previous S.B.1) this week, surrounded by politicians, community members and activists who spent years advocating for the legislation. Connecticut’s PFML program will allow covered employees to take up to 12 weeks of paid leave for the birth or adoption of a child; to care for a seriously ill relative; or to receive treatment for their own serious illness. Under the legislation, employees will receive 95% of their base weekly earnings up to 40 times the minimum wage. Above that amount, covered employees will receive 60% of their weekly earnings. The total weekly compensation shall not exceed 60 times the state minimum wage. Covered employees will be eligible to take paid leave through the program from Jan. 1, 2022. The program will be funded by employees contributing up to 0.5% of their weekly earnings into the Family and Medical Leave Insurance Trust Fund beginning on Jan. 1, 2021. Lamont signs historic law to enact family and medical leave in Connecticut
Gov. Ned Lamont held a bill signing ceremony on June 25, 2019, to sign a law that will enact a paid family and medical leave program in Connecticut. When the program begins on Jan. 1, 2022, workers in Connecticut will gain access to the necessary benefits that will allow them to take time off work to care for their own health, a newborn child or a sick family member. Lamont: Agreement on paid family and medical leave
Gov. Ned Lamont announced that his administration has reached an agreement with the state Legislature on the paid family and medical leave proposal that is being considered by the General Assembly. The agreement includes the following changes: reducing the size of the quasi-public board; and streamlining the quasi-public’s contracting provisions. Gov. Lamont signs minimum wage increase
Gov. Ned Lamont signed legislation to increase the minimum hourly wage in Connecticut to $15—through a series of gradual increases over the next several years, with the first one taking place this October. After the scheduled increases take effect (ending in 2023), the new law requires the minimum wage to grow according to federal economic indicators. State Department of Labor issues stop work orders
The Connecticut Department of Labor announced that it has issued four Stop Work orders in Bridgeport after determining that contractors working at the Main Street Lofts construction site, 1188 Main St., were in violation of state wage laws. The violations included a lack of workers’ compensation insurance and the payment of employees in cash without maintaining required payroll records. WC mileage reimbursement changes
The standard mileage reimbursement rate for transportation expenses as set by the Internal Revenue Service will be 58 cents per mile, effective Jan. 1, 2019. This changes the mileage reimbursement rate payable pursuant to Section 31-312(a) of the Workers’ Compensation Act and should be used to reimburse eligible workers’ compensation travel expenses incurred on, or after, Jan. 1, 2019. More ... Connecticut employers prohibited from asking wage history
Beginning Jan. 1, 2019, employers cannot ask prospective employees about their wage history. Per Public Act No. 18-8, an employer cannot inquire, or direct a third party to inquire, about the wage and/or salary history of a prospective employee. An employer can, however, ask about compensation structure, but not the value of compensation. The prospective employee may voluntarily share this information. More … WC disability benefit adjusted Oct. 1
The State Labor Commissioner has determined that the estimated average weekly earnings of all employees in Connecticut effective Oct. 1, 2018, has increased from $1,287 to $1,298. Therefore, the maximum compensation rate for total disability and decedents’ dependents is now $1,298 for injuries occurring on or after Oct.1, 2018. The maximum compensation rate for partial disability is equivalent to the average weekly earnings of production and related workers in manufacturing in Connecticut, which the Commissioner has determined to increase from $1,023 to $1246 effective Oct.1, 2018. For more information, click here. Hire a Goodwin intern at your agency
Help your agency and the industry as an intern employer for Goodwin College’s Insurance program. Goodwin seeks intern employers to help teach the insurance-focused program for its 2018-19 insurance program. PIACT has worked with Goodwin to develop the program, which provides a pathway for students to gain proper Connecticut insurance licensing, as well as practical experience to begin a rewarding career in the industry. The program includes a paid internship placed in part-time positions at PIACT-member agencies and other industry jobs, as well as courses on property/casualty; customer-relations management; insurance-software management and social media; and organizational communication. If you have an interest in teaching or bringing an intern to your agency for the program, contact Matt Connell, EdD, MBA, assistant professor and program director-business administration at Goodwin College at (860) 913-2171 or email. Equal pay bill signed into law by governor
A bill that prohibits potential employers from asking about a job applicant’s salary history was signed into law by Gov. Dannel P. Malloy today (Public Act 18-8). Malloy issued a statement last week praising the Senate’s passage of the bill. Public entities must opt in/out of N.Y.’s paid-family leave
Public entities that do business in New York state may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide disability benefits must email the section to opt in (or not) to the WCB on or before Friday, Dec. 1, 2017. Short-term employment projections through 2018
In the May 2017 Connecticut Economic Digest, the Connecticut Department of Labor and the Connecticut Department of Economic and Community Development examine short-term employment projections through 2018. March 2010 was the first month of payroll job growth after the great recession. Seven years later, the Connecticut economy has regained 91,200 jobs or 77 percent of the 119,100 lost during the “great recession” as of March 2017. Overall employment growth has been dampened by the government sector, which is down 14,000 jobs since February 2010. Private sector employment has fared significantly better having recovered 94 percent of the jobs lost during the downturn, Bipartisan legislation would make pregnancy a qualifying life event for coverage
Republican and Democratic state senators are throwing their support behind legislation that would allow expectant mothers to enroll in health insurance outside of the yearly open enrollment period. Under the legislation, a special enrollment period would be offered after a pregnancy is confirmed by a licensed health-care provider, instead of the expectant mother having to wait until the child is born to access insurance coverage. The bill awaits action in the Senate. More … State Supreme Court issues clarification for independent contractor test
The Connecticut Supreme Court issued an important ruling last week, finding that an individual may still be considered an independent contractor under the state’s Unemployment Insurance Act, even if he or she provides services to only one business or entity. The ruling reversed the trial court’s decision, holding that the trial court placed too much emphasis on the breadth of the contractors’ client base. Rather, it held that the crux of the inquiry is whether “the worker is wearing the hat of an employee of the employing company, or is wearing the hat of his own independent enterprise.” Fair Chance Employment Law effective Jan. 1
Connecticut employers no longer may inquire about an applicant’s criminal history on initial employment applications, effective Jan. 1, 2017. In May 2016, the Connecticut Legislature passed H.B.5237—an act concerning fair chance employment—which was signed into law as Public Act 16-83 on June 1, 2016. The act prohibits an employer from inquiring about a prospective employee’s prior arrests, criminal charges or convictions on an initial employment application, unless the employer is required to do so by state or federal law. If an application is permitted to include the question and does so, it must state in clear and conspicuous language that the applicant is not required to divulge any conviction or arrest that has been erased or sealed pursuant to several state laws. In addition to the state’s policy, several cities in Connecticut, including Hartford, have enacted local ordinances to further restrict what employers may ask regarding a criminal record. For more information, visit your local municipality’s website to determine if it has adopted a “Ban the Box” ordinance. As a best practice, employers should require applicants to submit a resume in response to job postings and base the first-round interview on the qualifications in the resumes. Employers may then ask applicants at the first interview to fill out the employment application, which can include “the box.” This statute does not prevent an employer from asking about a criminal background. It merely restricts when an employer may ask. New insurance-related legislation now in effect
The Connecticut Legislature recently enacted several insurance-related laws that went into effect Oct. 1, 2016. Below are highlights of these laws:
Payroll cards. Public Act 16-125 allows employers to pay wages using payroll cards. A payroll card is defined as a stored-value card or other device used by an employee to access wages from a payroll card account. It is redeemable, at the employee’s election, at multiple unaffiliated merchants or service providers, bank branches or automated teller machines.
The payment of wages, salary or other compensation by means of a payroll card is voluntary. Employees also must be given the option to receive wages by direct deposit or negotiable check. State Legislature acts on S.B.426
Prior to its close of session June 3, the Connecticut General Assembly acted on a number of labor and employment-related bills. Among them is S.B.426, which restricts employers from engaging in certain activity regarding an employee’s social-media presence, including prohibiting them from demanding an employee’s login and password information. OSHA records training to be held June 24
Occupational Safety Training Specialist John Able of the Connecticut Department of Labor’s Division of Occupational Safety and Heath will review the requirements for OSHA
Injury and Illness resources during a June 24 seminar sponsored by CONN-OSHA. Able will explain the OSHA 300, OSHA 300A and OSHA 3011 forms during the event, held from 8:15 to 9:45 a.m. at the agency’s Central Office, located at 200 Folly Brook Boulevard, Wethersfield. Connecticut issues guidance on paid sick-leave law
The Connecticut Department of Labor issued a poster to explain to employers and workers how to comply with the requirements of the state’s paid sick-leave law (Public Act 14-128), which took effect last year. PIACT reported on this law last June when the bill was signed into law. WC mileage rate increases
The mileage reimbursement rate for all travel expenses incurred on or after Jan. 1, 2015, has increased from 56.0 to 57.5 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act Paid sick leave law amended
Effective Jan. 1, 2015, a new act will go into effect creating a more equal determination for employee benefits. Under this act, a business will be required to determine if it meets the annual 50-employee threshold based on the number of employees on its payroll for the week containing Oct. 1 annually. It also will prohibit the business from firing, dismissing or transferring an employee from one job site to another in order to come under the 50-employee threshold. The act also will change the time frame for accruing paid sick leave from one hour for every 40 hours worked per calendar year, to whatever 365-day year the business uses to calculate employee benefits, allowing the employee to start the benefit year on any date, rather than only on Jan. 1. WC disability benefit adjusted Oct. 1
The State Labor Commissioner has determined that the estimated average weekly earnings of all employees in Connecticut effective Oct. 1, 2014, has decreased from $1,184 to $1,175. Therefore, the maximum compensation rate for total disability and decedents' dependents is now $1,175 for injuries occurring on or after Oct.1, 2014. The maximum compensation rate for partial disability is equivalent to the average weekly earnings of production and related workers in manufacturing in Connecticut, which the commissioner has determined to increase from $985 to $991, effective Oct.1, 2014. Bill to bar employment discrimination against unemployed moves
H.B.5274 passed the Connecticut House of Representatives on April 25, and is now on a Senate calendar. The bill would offer protections to unemployed persons by preventing employers, temp agencies and employment agencies from "1) disqualifying a person from employment, 2) refusing to refer a person for employment (or requesting that he or she not be referred), and 3) limiting a person's access to information about a job" solely on the basis of the person’s status as unemployed. The bill allows an applicant who believes he or she has faced such discrimination to file a complaint with the labor commissioner. The bill faced opposition from the state’s business community, which fears that the bill could allow rejected applicants to ensnare and overwhelm businesses with unfounded complaints. The bill is supported by the governor, and if passed, would make Connecticut the first state to offer this level of protection. Minimum wage goes to $8.70 Jan. 1, 2014
On May 30, 2013, Gov. Dan Malloy signed S.B.371 into law following its passage by the House on May 29. The broad details of the bill are that it will incrementally increase Connecticut’s minimum wage to $9 per hour by January 2015. In supporting the bill, Gov. Malloy stated, “This change will make it just a little easier for working people in our state without adversely impacting the business community.” WC mileage reimbursement rates changes Jan. 1
The mileage reimbursement rate for all travel expenses incurred on or after Jan. 1, 2013, is now 56.5 cents per mile (up from 55.5 cents last year). This rate change applies to all claimants, regardless of injury date and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act. Connecticut DOL provides guidance for paid sick leave
The Connecticut Department of Labor issued guidance for Public Act No. 11-52, mandating paid sick leave for employees. The department also provided a poster that meets the criteria requiring employers to provide notice to workers of the law. Those with questions on the law can call the Wage and Workplace Standards Division at (860) 263-6790 or the Office of Program Policy at (860) 263-6755, or email questions to jennifer.devine@ct.gov or heidi.lane@ct.gov.
New Hampshire
Payroll tax cut 30% for New Hampshire businesses
Gov. Chris Sununu announced that payroll taxes will be cut 30% for New Hampshire businesses as a response to New Hampshire’s strong unemployment trust fund. Despite an unprecedented surge in benefit payments provided during 2020 and 2021, New Hampshire’s unemployment trust fund is above pre-pandemic levels and it is now back over $300 million. The fund is set to finish the third quarter with sufficient balances to trigger a 30% tax rate reduction for the average New Hampshire business. The tax rate reduction is triggered by state law when the fund maintains a balance of $250 million or more for an entire calendar quarter. N.H.: Sununu, DAS, NHID release proposal to insure and implement PFML plan
Gov. Chris Sununu, the New Hampshire Departments of Administrative Services and Employment Security, and the New Hampshire Insurance Department announced on Monday that they released a Request for Proposal to look for a commercial insurance carrier to insure and administer the Granite State Paid Family and Medical Leave Plan. The income-tax-free plan provides participating New Hampshire employees with 60% of their average weekly wage for up to six weeks per year, for specified leaves of absence from their workplaces. Once a carrier is approved by Sununu and the Executive Council, the contract term of the program will extend through Dec. 31, 2027, and may be extended for up to two additional years. Second Injury Fund training session for employers
The New Hampshire Department of Labor is hosting multiple training sessions addressing the question: What is the Second Injury Fund & why is it important to you? Joint PFL plan is moving along
The Vermont official state website issued a release stating that the New Hampshire Department of Insurance and the Vermont Department of Human Resources issued coordinated Requests for Information last week regarding Gov. Chris Sununu’s and Gov. Phil Scott’s proposed joint paid family and medical leave plan. The governors’ plan proposes the development of an insurance product for paid family and medical leave. This option is currently not available in either state. Each state would cover the costs of providing Family and Medical Leave Insurance coverage through a private insurance carrier. State workers would automatically be enrolled in the plan, a total of 18,500 workers in both states combined. Private businesses would have the option to voluntarily enroll their staff in the program. Employees would then be eligible to take up to six weeks of paid leave while receiving 60 percent of their salary. Any individual employee not enrolled by their employer could join the plan on their own. The governors assert the inclusion of state workers in both states would create a large enough risk pool to make the program viable for any employee in either state to join. New Hampshire and Vermont governors propose joint PFL plan
New Hampshire Gov. Chris Sununu and Vermont Gov. Phil Scott proposed a joint paid family leave plan on Jan. 16, 2019. The proposal would create a private insurance company to administer the benefit to employees in Vermont and New Hampshire enrolled in the plan. State workers would automatically be enrolled in the plan, a total of 18,500 workers. Private businesses would have the option to voluntarily enroll their staff in the program. Employees would then be eligible to take up to six weeks of paid leave while receiving 60 percent of their salary. Any individual employee not enrolled by their employer could join the plan on their own. The governors assert the inclusion of state workers in both states would create a large enough risk pool to make the program viable for any employee in either state to join. New Hampshire Democrats have already come out in opposition to Gov. Sununu’s proposed plan with Senate Majority Leader Dan Feltes ,D-15, calling it a “PR stunt.” The New Hampshire Democratic Party Chair Ray Buckley released a statement criticizing the plan and stating the Democrats in the state have been working on a plan that incorporated Gov. Sununu’s previous criticism of PFL. Vermont Democrats also opposed the proposal and unveiled their own paid family leave proposal. Last year, the New Hampshire House passed legislation to create a paid family leave program in the state. The Senate did not pass the legislation after Gov. Sununu called paid family leave “a paid vacation.” Following the 2018 elections, the Senate changed from Republican to Democrat control. WC mileage reimbursement changes
The standard mileage reimbursement rate for transportation expenses as set by the Internal Revenue Service will be 58 cents per mile, effective Jan.1, 2019. This changes the mileage reimbursement rate payable under RSA 281-A: 23 Medical, Hospital & Remedial Care and should be used to reimburse eligible workers’ compensation travel expenses incurred on, or after, Jan. 1, 2019. Paid family leave bill passed by N.H. House
A bill that would create a state paid family and medical leave program was voted forward by the state House of Representatives (186-164) earlier this month. H.B.628 would establish a state-run insurance program in which private-sector employees could choose to participate, paying premiums out of a percentage of their paychecks. The program would offer leave to workers who have recently become parents, who are suffering serious health conditions or who have relatives suffering serious health conditions. All nongovernmental employers would be required to provide the plans. In order to qualify, workers would need to pay in quarterly premiums and be employed at least six months. Public entities must opt in/out of N.Y.’s paid-family leave
Public entities that do business in New York state may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide disability benefits must email the section to opt in (or not) to the WCB on or before Friday, Dec. 1, 2017. Governor signs wage law
A new law to permit employers to pay wages to employees weekly or biweekly was signed by Gov. Chris Sununu on May 12. Under the previous law, employers were required to pay wages to employees within eight days after expiration of the week in which the work was performed. The new law (Chaptered Law: 0045) allows for payment of wages at regular intervals not to exceed 14 days. This grants businesses flexibility in deciding whether to compensate employees on a weekly or biweekly basis. In addition, this law allows employers to submit a written petition to the commissioner of labor requesting that payment of wages be made on a schedule other than weekly or biweekly, as long as the alternate schedule is at least once a month. The new law is effective Tuesday, July 11, 2017. NHDOL offers labor law training seminars
The New Hampshire Department of Labor is offering labor law training seminars on how to stay in compliance with state labor laws. The seminar will be offered on 17 dates in a variety of locations throughout the state. These events are free and open to employers, businesses and the public. Access the 2017 Labor Law Training Seminar Packet and Presentation here. State representatives push paid-leave insurance law
More than a dozen lawmakers attended a conference recently on legislation to create a statewide paid family and medical leave program. Rep. Mary Stuart Gile, D-27, introduced drafts of a bill to create a paid family and medical insurance pool managed by the state. The legislation is modeled on existing laws in Rhode Island, New Jersey and California. Gov. Hassan signs S.B. 47
Gov. Maggie Hassan issued a statement after signing S.B.47, repealing the payment of subminimum wages to persons with disabilities. In her statement, she said, "New Hampshire has a strong tradition of treating all of our citizens with respect and dignity, and by making New Hampshire the first state to prohibit employers from paying sub-minimum wages to people who experience disabilities, S.B.47 helps build on that tradition." Paycheck equity
Effective Jan. 1, 2015 S.B. 207-FN modifies provisions of law regarding pay equity between the sexes. This law also prohibits an employer from discharging, disciplining or discriminating against an employee who discloses the amount of his or her wages. This law creates a new posting requirement; a poster will be available on the DOL website by Jan. 1, 2015. Citizens job protecton law
Effective Aug. 15, 2014, H.B. 1168 updated the requirement of employers to obtain documentation showing the employee’s eligibility to work in the United States and clarified that acceptable documents are documents that also satisfy the requirements of federal law. New Hampshire Paycheck Fairness Act
New Hampshire Gov. Maggie Hassan issued a statement after signing into law the New Hampshire Paycheck Fairness Act, which updates state law to eliminate loopholes, increase transparency in wages and ensure that all workers have the appropriate tools and resources to help them earn a fair and equal paycheck, without fear of retaliation. Workers' compensation disability benefit adjusted July 1
The state’s average weekly wage for calendar year 2013 increased to $936. Therefore, effective July 1, 2014, the maximum weekly compensation rate under the New Hampshire Workers’ Compensation Law increased from $1,383 to $1,404 (150 percent of the SAWW); requiring an average weekly wage of at least $2,340 for the injured worker to receive maximum compensation. The minimum weekly compensation rate rose from $276.60 to $280.80 (30 percent of the SAWW). DOL issues bulletin about Safety Summary Form requirements
The New Hampshire Department of Labor issued a bulletin to remind employers of the requirements for filing a Safety Summary Form. This form is required for all employers with 15 or more employees at any time during the calendar year and who have never filed before or have not filed this form since 2010. Forms are available here. Written safety and health program
New Hampshire employers who have 15 or more employees are now required, as of Jan. 1, 2013, to have a written safety and health program and update it biennially; file a safety summary form on time; and establish a Joint Loss Management Committee, according to the changes to RSA 281-A:64. Noncompete and nonpiracy agreements
H.B.1270 (Chapter Law 0070) requires an employer to disclose noncompete and nonpiracy agreements prior to making an offer of employment or an offer of change in job classification. Department of Labor to issue warning for violations
The Department of Labor is required to issue one warning to employers for certain violations. The employer shall have 30 days from receipt to correct the defect causing the violation. New Hampshire amends whistleblower legislation
The New Hampshire Legislature passed S.B. 358-FN, which expands the provisions of the Whistleblower Protection Act to include employees who object to, or refuse to participate in, any activity that the employee believes is a violation of law.
New Jersey
New Jersey's minimum wage to surpass $15 per hour target
New Jersey’s statewide minimum wage will increase by $1 to $15.13 per hour for most employees on Jan. 1, 2024. This achieves—and exceeds—the goal set by legislation signed by Gov. Phil Murphy in February 2019 to raise the minimum wage to at least $15 per hour by 2024 for most employees. The New Jersey Department of Labor and Workforce Development sets the minimum wage for the coming year using either the rate specified in the law, or a calculation based on the Consumer Price Index—whichever is higher. Once the minimum wage reaches $15 per hour in January, the state Constitution specifies that it continue to increase annually based on any increase in the CPI. New Jersey's minimum wage increases to over $14 per hour for most employees
New Jersey's statewide minimum wage will increase by $1.13 to $14.13 per hour for most employees, effective Jan. 1, 2023. The increase is part of legislation signed by Governor Murphy in February 2019 that gradually raises the minimum wage to $15 per hour by 2024 for most employees. When Governor Murphy took office in 2018, the state’s minimum wage was $8.60 per hour and he and the Legislature immediately identified increasing the minimum wage as a legislative priority. Under a law signed in 2019, the minimum wage increases by $1 per hour each year—or more if warranted because of significant increases in the Consumer Price Index Temporary disability and family leave insurance rates drop
The New Jersey Department of Labor and Workforce Development announced a reduction in worker and employer contribution rates to the state’s temporary disability insurance and family leave insurance programs for next year. Workers will see their contribution rates for temporary disability drop to 0%, from 0.14%, while the family leave rate will be cut by more than half—from 0.14% to 0.06%. In practical terms, workers will save an average of $56.25 in temporary disability contributions, and $55.25 in family leave contributions in 2023. Participating employers in the state will be moved to a lesser contribution table and will see a collective reduction of $20 million in their temporary disability contributions for fiscal year 2023. Employers do not contribute to the family leave program. Gov. Murphy signs legislation to increase unemployment insurance system's efficiency and expedite benefits payments
Gov. Phil Murphy today signed legislation (S-2357) which makes certain changes to the administration of the State’s unemployment insurance system to increase the system’s efficiency and expedite timely benefits payments. The Legislature concurred with the Governor’s conditional veto of an earlier version of the legislation, as the Governor had recommended changes necessary to ensure compliance with federal law. New tool, guide to leave benefits for expecting parents
New Jersey Department of Labor Commissioner Robert Asaro-Angelo announced a new tool to provide expecting parents guidance about coverage periods for Temporary Disability Insurance and Family Leave Insurance. The Maternity Coverage Timeline Tool empowers parents by providing them a personalized timeline estimate of benefit coverage periods. Developed through a collaboration between the state DOL and Workforce Development and the New Jersey State Office of Innovation, the tool helps expecting parents plan when and how to take their maternity leave. By asking parents a short series of questions, the tool provides start and end dates for leave tailored to their personal situation and preferences. State minimum wage increases for most employees
Gov. Murphy announced last week that minimum wage for most New Jersey employees increased to $13/hour, as part of legislation that he signed in 2019. According to the legislation, minimum wage will increase gradually to $15/hour for most employees by 2024. However, to lessen the impact on their businesses, small-business and seasonal employers have until 2026 to increase their minimum hourly wages to $15/hour. As of Jan. 1, 2022, employees working for small-business and seasonal employers are making $11.90/hour, up from $11.10/hour. Additionally, agricultural employers have until 2027 to increase their minimum hourly wages to $15/hour—employees in this sector now are making $11.05/hour, up from $10.44/hour. And, long-term care facility direct staff will make $16/hour, up from $15/hour. Employers required to submit employee health insurance information to the state by March 31
Beginning this year, employers and all other providers of minimum essential health coverage to New Jersey residents are required to send health care coverage returns to the New Jersey Division of Taxation for the 2019 tax year. Employers must provide the New Jersey Division of Taxation with a 1095 health coverage form for each employee-primary enrollee—who was a New Jersey resident and to whom the employer provided health coverage to in 2019, which includes both part-year (a person who lived in New Jersey for at least 15 days in any month) and full-year residents—by Tuesday, March 31, 2020. The filing only can be completed electronically. For complete information on how to report health insurance, click here. New employment laws now in effect
A number of new employment laws went into effect on Jan. 20, 2020. These laws, which address employee misclassification, stop-work orders, and employer tax law, include the following: Misclassification penalty. P.L.2019, c.373 (A-5839) authorizes the commissioner of Labor and Workforce Development to impose increased penalties in the case of a violation of a state wage, benefit and tax law in connection with failing to classify employees properly. An administrative “misclassification penalty” up to a maximum of $250 per misclassified employee for a first violation, and up to a maximum of $1,000 per misclassified employee for each subsequent violation may be imposed. Employee misclassification. P.L.2019, c.375 (A-5843) requires employers to post a notice for their employees regarding employee misclassification. Specifically, under the law, an employer is required to conspicuously post notification, in a place accessible to all employees in each of the employer’s workplaces, in a form issued by the commissioner of Labor and Workforce Development. Under the new law, an employer is prohibited from retaliating against an employee because the employee has made an inquiry or complaint to his employer or the commissioner regarding possible worker misclassification. Stop-work orders. P.L.2019, c.372 (A-5838) permits the commissioner of Labor and Workforce Development to issue a stop-work order against any employer that the commissioner determines to be in violation of any state wage, benefit and tax law. A stop-work order issued under the law requires the cessation of all business operations at every site where the violation occurs, and is to remain in effect until the commissioner issues an order releasing the stop-work order, upon a finding that the employer has agreed to pay the required wages and has paid any wages or penalty owed. The commissioner is required to serve a notice of intent to issue a stop-work order on the employer at least seven days prior to the issuance of a stop-work order. Joint liability for payment of employer tax law. P.L.2019, c.374 (A-5840) makes any client employer and any labor contractor providing workers to the client employer subject to joint and several liability and shared civil legal responsibility for any violations of the provisions of state employer tax laws, including provisions of those laws concerning the misclassification of workers. The law also provides that any person acting on behalf of an employer, including a client employer or labor contractor, who violates any provision of those laws, or state wage and hour laws, may be held liable, as the employer, for the violation. N.J. wage payment regulation now in effect
Last month, the New Jersey Department of Labor finalized regulations to implement N.J.S.A. 34:1a-1.11 et seq., which authorizes the commissioner of Labor and Workforce Development to issue a written determination to direct any appropriate agency to suspend or revoke certain business licenses for violation of wage and hour reporting requirements. The law, which was passed 10 years ago, was intended to address employers that pay off the books to deliberately evade wage and hour requirements. The regulation expands the scope of the law, to allow the NJDOL to not only revoke a business license as authorized by the statute, but a professional license as well. The regulation went into effect Sept. 16, 2019. More … New wage theft law signed
Acting Gov. Sheila Oliver signed legislation to help ensure workers in New Jersey are able to bring home the wages they earn without fear of theft. This bill (S-1790) enhances enforcement of New Jersey’s wage and hour laws by holding employers accountable for unpaid wages, benefits or overtime as required by law through increased damages and fines, which make victims of wage theft eligible to receive both the wages owed and liquidated damages of 200% of wages owed. Salary history law signed
Acting Gov. Sheila Y. Oliver signed legislation (A-1094) to restrict an employer from asking about a job applicant’s salary history on July 25. According to the bill’s sponsors, the purpose of the law is to address wage inequality issues. The law goes into effect Wednesday, Jan. 1, 2020. More … Murphy releases report on employee misclassification
Recently, Gov. Phil Murphy released a comprehensive report from the Task Force on Employee Misclassification, vowing to intensify efforts to curtail the widespread and illegal practice of misclassifying workers as independent contractors instead of employees—which cheats some workers out of benefits and wages, hurts law-abiding business owners, and costs the state tens of millions of dollars a year in lost employment-related tax revenue. Misclassification is prevalent in construction, janitorial services, home care, transportation, trucking and delivery services and other labor-intensive, low-wage sectors. Among the report’s recommendations are expanding interagency cooperation through coordinated enforcement, data sharing and cooperation with neighboring states. Reminder: Minimum wage increase now in effect
The state’s minimum hourly wage increased from $8.85 to $10 starting July 1, 2019, for employers with six or more employees. The minimum wage rate will be increased to $11 per hour on Jan. 1, 2020, and then increase each year from 2021 to 2024 by $1—reaching $15 per hour in 2024. For employers with fewer than six employees, the minimum wage rate will remain at $8.85 until Jan. 1, 2020. It will then increase to $10.30 and then be increased annually by $0.80 until it reaches $15 an hour in 2026. There are separate wage increases for agricultural employers and tipped workers. For more information on the state’s minimum wage law, see QS29247. Murphy signs law to expand paid family leave
Gov. Murphy signed into law an expansion to the state’s paid family leave program. New Jersey enacted a paid family leave program in 2008 and the new law significantly expands that program to provide additional job protections for those who miss work due to caring for a newborn child or a sick loved one. This new law goes into effect July 2020. Minimum wage increase signed into law
Gov. Phil Scott signed into law a bill (A-15) to increase the minimum wage in New Jersey to $15 per hour by 2024. Currently, the state’s minimum wage is $8.85. Under the new law, the figure will increase progressively over five years. The general minimum wage rate will increase to $10 per hour on July 1, 2019; to $11 per hour on Jan. 1, 2020; followed by $1 increases each year until the rate is $15 per hour in 2024. There are a number of exceptions to this new law: Most notably for employers with less than six employees, and for seasonal employees other than tipped employees, the increase in minimum wage is more gradual. In these instances, the minimum wage rate will be increased to $10.30 per hour on Jan. 1, 2020, and then increased each year from 2021 to 2025 by $0.80, and then increased in 2026 by $0.70, reaching $15 per hour in 2026, followed by further increases from 2027 to 2028 as needed to have these employees provided the same minimum wage rate as the general minimum wage rate in 2028. The law goes into effect immediately. N.J. law creates retirement savings option for workers
Gov. Phil Murphy signed a law to establish the New Jersey Secure Choice Savings Program. The legislation (A-4134) requires employers with 25 or more employees to participate in a retirement savings program administered through automatic payroll deductions, to allow employees of small businesses to save for retirement. Further, employees of businesses of any size would be able to participate in the retirement savings program. This fund will be managed by the New Jersey Secure Choice Savings Board, which will include the State Treasurer, Comptroller and Director of Office Management and Budget, or their respective designees, as well as two public representatives, a business trade organization representative, and a representative on behalf of the enrollees. N.J. paid sick leave in effect
New Jersey’s new Paid Sick Leave Law went into effect yesterday. Starting Oct. 29, employees may start to accrue paid time off that can be used in limited circumstances. To assist employers with their compliance with the law, the New Jersey Department of Labor has posted a FAQ to answer questions that employers may have regarding this new law, including: what the paid time off can be used for; how time off is accrued; and the notice requirements for taking time. Earlier this month, the NJDOL released proposed regulations. PIANJ will be submitting comments on the proposal to get clarification on a number of issues that would impact our members and their clients. Watch PIANJ publications for more information. NJDOL issues proposal on paid sick leave
Recently, the state Department of Labor published proposed regulations to implement legislation that guarantees paid sick leave to nearly all Garden State workers. Earlier this year, Gov. Phil Murphy signed into law a bill to allow workers to earn 40 hours of paid leave each year. The new law takes effect Monday, Oct. 29, 2018. The department is accepting comments through Friday, Dec. 14, 2018, and the final regulations will be issued at a later date. PIANJ will hold a Webinar on this topic featuring its Director of Government and Industry Affairs Bradford J. Lachut, Esq., on Tuesday, Oct. 30. Watch your PIA publications for more details. Do you do business in N.Y.? Model sexual harassment policy and training released
Earlier this year, a law was passed in New York state to require all employers to implement annual sexual-harassment training and develop a sexual harassment policy. The law allows employers to use a model sexual harassment program and policy or implement their own program that meets or exceeds state requirements. Last week, the New York State Department of Labor, in conjunction with the division of human rights, produced a draft model sexual harassment prevention training program as well a draft model sexual harassment policy. Minimum requirements for training programs and prevention policies also were provided. The state also released an FAQ to help answer common employer questions such as: how often training must occur, and what to do about new employees. According to the FAQ, employers have until Jan. 1, 2019, to make sure all employees have completed the required training. Gov. Murphy signs paid sick leave legislation
Gov. Phil Murphy last week signed into law a paid sick leave program. New Jersey now joins a select group of states—nine plus the District of Columbia—that have enacted paid sick leave to provide earned compensation for workers who miss work due to illness or needing to take care of a sick loved one. The legislation allows workers to accrue one hour of earned sick leave for every 30 hours worked, up to 40 hours each year. Governor’s executive order establishes employee misclassification task force
Gov. Murphy last week signed an executive order to establish the Task Force on Employee Misclassification. Employee misclassification can allow employers to escape their legal responsibilities to their workers, such as ensuring adequate workplace protections and providing employment-related benefits like unemployment insurance and workers’ compensation. Employers often misclassify their employees intentionally to reduce labor costs and avoid paying state and federal taxes. Gov. Murphy signs equal pay legislation
Legislation to promote equal pay for women by modifying the current law, including the Law Against Discrimination, and strengthen protections against employment discrimination is scheduled to be signed into law by Gov. Phil Murphy. It also prohibits an employer from reducing an employee’s rate of compensation to comply with the legislation. State Senate passes bill to prevent requiring credit checks on employees
The state Senate also passed S-545, yesterday (23-14). The bill would prohibit an employer from requiring a credit check on a current or prospective employee, unless the employer is required to do so by law, or reasonably believes that an employee has engaged in a specific activity that is financial in nature and constitutes a violation of law. It also would prohibit any employment discrimination against a current or prospective employee based on information in a credit report. The bill would not prevent an employer from performing a credit inquiry or taking an employment action if credit history is a bona fide occupational qualification of a particular position or employment classification. An identical bill (A-3575) has been referred to the Assembly Labor Committee. Paid sick leave bill passed by state Assembly
Legislation to require employers to provide earned sick leave to workers in New Jersey was voted out of the Assembly (50-24-1) on Monday. The bill (A-1827) would allow workers to accrue one hour of earned sick leave for every 30 hours worked. The bill also would require each employer to provide earned sick leave to each employee it employs in the state. The bill will cap annual yearly accrual, use, and carryover of earned sick leave at 40 hours per week. The bill (S-2171) will be sent to the state Senate Budget and Appropriations Committee for consideration. Pay equality bill reported out of Assembly committee
The New Jersey Assembly Labor Committee approved A-1 yesterday. The bill, sponsored by Assemblywomen Pamela Lampitt, D-6, and Joann Downey, D-11, would promote equal pay for women. It would promote equal pay for women by modifying the current law, including the Law Against Discrimination, to strengthen protections against employment discrimination. The bill also would prohibit an employer from reducing an employee’s rate of compensation to comply with the legislation. The bill now will be considered by the full Assembly. Senate Labor Committee reports employee credit history prohibition bill
The state Senate Labor Committee favorably considered (4-1) legislation sponsored by Sen. Nia Gill, Esq., D-34, yesterday. The bill (S-545/A-3575) would prohibit employers from obtaining, requiring or discriminating on the basis of credit reports. It would prohibit an employer from: 1. seeking to obtain a credit report that contains information about the current or prospective employee’s credit history; credit score; credit account balances; payment history; savings or checking account balances; or savings or checking account numbers, unless the employer is required to obtain a credit report by law, or the employer reasonably believes that the employee has engaged in a specific activity that is financial in nature and constitutes a violation of law; or 2. discharging, demoting, suspending, retaliating, refusing to hire or otherwise discriminating against a current or prospective employee with regard to promotion, compensation, or the terms, conditions or privileges of employment, based on information in a credit report on the employee. Specifically, the bill would allow a credit inquiry or employment action if credit history is an established bona fide occupational qualification of a particular position or employment classification. The bill will be sent to the full Senate for consideration. Public entities must opt in/out of N.Y.’s paid-family leave
Public entities that do business in New York state may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide disability benefits must email the section to opt in (or not) to the WCB on or before Friday, Dec. 1, 2017. Gov. Christie vetoes paid family leave bill
Gov. Chris Christie conditionally vetoed A-4927/S-3085 on July 21, 2017, which would have revised the law concerning family leave, temporary disability and family temporary disability leave. In his veto, Christie wrote: “With significant uncertainty about the cost associated with the expansion of these programs, I am recommending that the bill be amended to focus directly on raising awareness of the benefits currently available.” WC maximum/minimum benefits rates are revised for 2018
According to the New Jersey Department of Labor and Workforce Development, if injured workers are disabled for a period of more than seven days, they will be eligible to receive benefits at a rate of 70 percent of their average weekly wage, not to exceed 75 percent of the New Jersey Statewide Average Weekly Wage in 2018. The maximum Temporary Disability, Permanent Partial Disability and Permanent Total Disability benefit rate increases Jan. 1, 2018, from $896 to $903. The minimum rate (20 percent of the SAWW) increases from $239 to $241 for Temporary Disability and Permanent Total Disability, while the minimum Permanent Partial Disability rate remains at $35. For historical benefit rates, click here. Family leave bill passed by state Senate
The Senate passed a bill, A-4927, which would revise the law concerning family leave, family temporary disability leave and domestic or sexual violence safety leave on June 26. The vote was 22-15. Sponsored by Assemblyman Vincent Prieto, D-32, the bill would expand the family members for whom individuals covered under the family temporary disability law may receive paid benefits during periods of leave from employment to care for to include siblings, grandparents, grandchildren and parents-in-law. The bill passed the Assembly (49-23-3) on June 22. It now will go to Gov. Chris Christie for his consideration. Bill on equal pay opportunities introduced in Senate
A bill, S-3256 that concerns equal pay and employment opportunities for women was introduced in the state Senate on June 1. The bill, sponsored by Sen. Diane B. Allen, R-7, would amend the state’s Law Against Discrimination to make it an unlawful employment practice for an employer to discriminate between employees on the basis of sex by paying a rate of compensation, including benefits, to employees of one sex less than the rate paid to employees of the other sex for substantially similar work. In addition, an employer cannot provide less favorable employment opportunities based on an employee’s sex. Bill introduced in state Senate to require equal pay for women
A bill concerning equal pay and employment opportunities for women was introduced in the state Senate yesterday. The bill, S-3014, would amend the New Jersey Law Against Discrimination to make it an unlawful employment practice for an employer to discriminate between employees on the basis of sex by paying a rate of compensation, including benefits, to employees of one sex less than the rate paid to employees of the other sex for substantially similar work. The bill also would make it illegal for an employer paying a rate in violation of the bill from reducing the rate of compensation of any employee to comply with the bill. A similar bill was introduced in the state Assembly last month. S-3014 has been referred to the Senate Labor Committee for consideration. Bill to require equal pay for women introduced in state Assembly
A bill concerning equal pay and employment opportunities for women was introduced in the state Assembly Jan. 19. The bill, A-4515, would amend the New Jersey Law Against Discrimination to make it an unlawful employment practice for an employer to discriminate between employees on the basis of sex by paying a rate of compensation, including benefits, to employees of one sex less than the rate paid to employees of the other sex for substantially similar work. The bill also makes it illegal for an employer paying a rate in violation of the bill from reducing the rate of compensation of any employee to comply with the bill. The bill has been referred to the Assembly Labor Committee. WC maximum/minimum benefits rates are revised for 2016
If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive benefits at a rate of 70 percent of his or her average weekly wage, not to exceed 75 percent of the New Jersey Statewide Average Weekly Wage. The maximum Temporary Disability, Permanent Partial Disability and Permanent Total Disability benefit rate increases Jan. 1, 2016, from $855 to $871. The minimum rate (20 percent of the SAWW) increases from $228 to $232 for Temporary Disability and Permanent Total Disability, while the minimum Permanent Partial Disability rate remains at $35. New Jersey state Senate cancels paid sick-leave vote
The Senate canceled a scheduled floor vote last Monday on legislation that would mandate all businesses, regardless of size, to provide between five and nine paid sick days to each employee. The bill still is awaiting action in the full Senate and the full Assembly. No vote is scheduled at this time. Objections from business groups include a provision that employees would be able to roll over unused sick days from one year to the next. Bill requiring paid sick-time off voted out of committee
The New Jersey Business & Industry Association, of which PIANJ is a member, is calling for members to contact their legislative representatives to oppose legislation that would require all businesses in the state to offer their employees paid sick leave. The Senate Labor Committee voted 3-2 Monday along party lines to approve a bill (S-785) to require all businesses, regardless of size, to offer at least five paid sick days per year. The bill now goes to the full Senate for a floor vote. Democrats were in favor and Republicans against the bill. An Assembly version of the bill (A-2354) had been released from the Assembly Labor Committee and the Assembly Budget Committee. A vote for the final passage of this bill could happen as soon as June 25. Bill requiring paid sick-time off voted out of committee
Controversial legislation that would require employers to provide paid sick leave to their employees was voted out of the Assembly Labor Committee along party lines (6-3) last week. The bill, A-2354, requires all employers, regardless of size, to provide their full- and part-time employees with paid sick-time off. Under the bill, employees would be able to earn paid time off at a rate of one hour for every 30 hours worked. The bill now has been referred to the Assembly Budget Committee for consideration. PIA will continue to monitor this legislation to ensure our members are represented and protected. WC maximum/minimum benefits rates are revised for 2014
If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive benefits at a rate of 70 percent of their average weekly wage, not to exceed 75 percent of the Statewide Average Weekly Wage. The maximum Temporary Disability, Permanent Partial Disability and Permanent Total Disability benefit rate increased Jan. 1, 2014, from $826 to $843. The minimum rate (20 percent of the SAWW) increases from $220 to $225 for Temporary Disability and Permanent Total Disability, while the minimum Permanent Partial Disability rate remains at $35. Minimum wage part of November’s ballot
The state Assembly approved a plan to put the wage increase issue on New Jersey's November ballot. The measure passed 46 to 31. If approved, the minimum wage would rise from $7.25 an hour to $8.25, and would go into effect September 2014. Jersey City mayor signs sick-leave legislation
Jersey City is now the first city in the state to require businesses to give employees sick time. The legislation goes into effect Jan. 24, 2014. It requires that all businesses with 10 or more employees allow workers to earn up to five paid sick days each year. Businesses with 9 or fewer employees must allow workers to accrue up to 5 unpaid days. The law only covers private employers.
New York
N.Y.: Statewide pay transparency law now in effect
New York’s pay transparency law took effect on Sunday. The legislation, which Gov. Kathy Hochul signed into law last year, requires businesses across New York state with four or more employees to include compensation ranges in all advertisements for job, promotion, and transfer opportunities. Record number of workers used PFL in 2022
Recently, Gov. Hochul announced that a record number of workers used New York’s landmark paid family leave program to bond with their children or care for a seriously ill family member in 2022. The data, available on the Department of Financial Services’ interactive database, shows that the overall utilization rate, number of men taking paid paternity leave every year, and the average length of time off have all increased every year during the first five years of the program. Gov. Hochul announces workplace rights law for parents
Gov. Kathy Hochul announced a new state law requiring workplaces to provide private pumping stations for nursing mothers. The bill was signed into law last December, and it requires workplaces to provide a convenient alternative location other than a bathroom for breast milk expression. According to the law, private pumping spaces must include seating, a flat surface, electrical outlet and access to running water. New York announces minimum wage to increase
Gov. Kathy Hochul announced that the FY 2024 Budget agreement includes a plan to increase the state’s minimum wage for three years and then tying future increases to inflation. On Jan. 1, 2024, the minimum wage will increase to $16 in New York City and the counties of Nassau, Suffolk and Westchester, and to $15 in all other parts of the state. In 2025 and 2026, the minimum wage will increase by an additional $0.50 in each year, after which the state’s minimum wage would increase at a rate determined by the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Northeast Region—the best regional measure of inflation. N.Y. announces final Sexual Harassment Model Policy, strengthens protections for workers
Gov. Kathy Hochul recently announced that the New York State Department of Labor has finalized updates to the state’s Sexual Harassment Model Policy, a template document that New York state provides to employers to help them comply with state laws and access state-of-the-art policies on sexual harassment and related topics to protect employees in the workplace. The DOL collaborated with the New York State Division of Human Rights on the strengthened guidance, which addresses remote workers, gender discrimination, retaliation, and other new guidance for workers in New York state. For those who need to comply with New York state’s sexual harassment prevention training, PIA Northeast offers a seminar that fulfills with the state’s mandatory training. The next webinar session, taught by PIA Northeast’s Director of Government & Industry Affairs Bradford J. Lachut, Esq., will be held tomorrow, from 10-11 a.m. Participants will receive a certificate of completion at the conclusion of the webinar. Register today. The training must be completed once a year. N.Y.: Governor announces proposals that would affect business
Gov. Kathy Hochul announced a proposal to index New York's minimum wage to the Consumer Price Index for Wage Earners for the Northeast Region. Under the proposal, each year, the state’s minimum wage would increase at a rate determined by the index, which is a good way to measure inflation. Also announced last week was a proposal to offer fully paid parental leave benefits to New York state employees. Under the initiative, unrepresented state workers would receive 12 weeks of fully paid leave to use for bonding with a newborn, fostered, or adopted child. Hochul has directed the Office of Employee Relations to engage New York state unions on extending this benefit to their employees through collective bargaining. Gov. Hochul signs legislation establishing statewide pay transparency law
Gov. Kathy Hochul signed legislation (S.9427-A/A.10477) establishing a statewide pay transparency law in New York state, requiring employers to list salary ranges for all advertised jobs and promotions. Gov. Hochul announces minimum wage increase for upstate New Yorkers
Gov. Kathy Hochul announced that New York state will continue with the $15 minimum hourley wage phase-in for upstate counties on Dec. 31, 2022. Workers outside of New York City, Long Island and Westchester County will see an increase by $1 per hour, from $13.20 to $14.20 following a statutorily required economic analysis conducted by the New York State Dvision of the Budget. Additionally, the minimum wage for home-care aides, which took effect on Oct. 1, 2022, will increase by $1 to $16.20 per hour in counties in upstate New York. Hochul signs workplace harassment, discrimination legislation package
Gov. Kathy Hochul announced last week that she signed a package of legislation that addresses workplace harassment and discrimination. S.812-B/A.2035-B establishes a toll-free, confidential hotline for complaints about workplace sexual harassment. S.3395-A/A.2483-B clarifies that state all public employers are subject to the provisions of the New York State Human Rights Law. According to the new law, state employers include those serving in the executive, judiciary and legislative branches—including the staff of elected officials or judges. And, S.5870/A.7101 prohibits the release of personnel files as a retaliatory act against employees who make sexual harassment complaints. Payroll cap and maximum weekly WC benefit change July 1
The payroll cap under the New York Workers’ Compensation Construction Employment Payroll Limitation Program will be increased from $1,594.57 to $1,688.19 per week for policies with effective dates on and after July 1, 2022. According to provisions in the 2007 Workers Compensation Reform Act, this limit is adjusted every year based upon changes in the average weekly wage as calculated by the New York State Department of Labor. For changes to the WC manual, see Bulletin 2558. Also, the maximum workers’ compensation weekly benefit is two-thirds of the statewide average weekly wage, so the maximum weekly benefit will be $1,125.46 effective July 1, 2022 (up from $1,063.05 in 2021). New York state overtime and minimum wage now in effect
The minimum annual salary an employee must be paid to be exempt from overtime increased based on geographic region, effectiveDec. 31, 2019.
Specifically, the minimum annual salary for exempt employees for all New York City employers now is $58,500. The minimum salary for exempt employees in Nassau, Suffolk and Westchester counties increased to $50,700. The minimum salary for exempt employees in all other New York counties now is $46,020. In order to be considered exempt from overtime pay, an employee must not only be paid on a salary basis at a level that meets or exceeds the above figures—the employee also must meet certain job criteria standards. N.Y. sexual harassment prevention training
Gov. Andrew M. Cuomo signed a law that requires all employers in New York to provide their employees working in the state with sexual harassment prevention training. These requirements include adopting a sexual harassment policy that meets or exceeds state expectations; providing examples of unlawful sexual harassment prohibited in the workplace; providing information about federal and state laws regarding workplace harassment; establishing a confidential and efficient investigation procedure for victims of workplace sexual harassment; conducting annual training for sexual harassment prevention, plus additional requirements. The deadline to meet these requirements is Wednesday, Oct. 9, 2019. Pay equity law in effect
Gov. Andrew M. Cuomo announced that a new pay equity law is in effect as of Oct. 8, 2019. The new law prohibits unequal pay on the basis of a protected class for all substantially similar work. The governor also requests that all New York-based businesses conduct internal reviews to ensure compliance with this new law. The new legislation expands the meaning of “equal pay for equal work” and will help ensure the closure of the pay gap between men and women. Additionally, beginning in January 2020, a similar law will go into effect forbidding all private and public employers from asking prospective employees about their salary history and compensation. Gov. Cuomo signs legislation to change working conditions for farmers
Recently, Gov. Andrew M. Cuomo signed legislation (S.B.6578/A.8419) in order to expand employment rights and protections for farm and agricultural workers. This new law will remove the portion of the workers’ compensation statutes that exempted farm and agricultural workers from the definition of employees. As a result, farm and agricultural employers will be required to provide disability and Paid Family Leave per the requirements for most employees in the state. The law takes effect Jan. 1, 2020. For more information, the Times Union has more on this new legislation. Workplace harassment protections law signed
Gov. Andrew M. Cuomo signed legislation (S.6577/A.8421) on Aug. 12, which will increase protections against workplace harassment. According to a statement from the governor’s office, this new law fulfills a major part of Cuomo’s 2019 Women’s Justice Agenda, ensuring that employees can seek justice and that those violating workplace harassment policies are held accountable by eliminating the restriction that the harassment must be “severe or pervasive” in order for legal action to take place. To comply with the state’s annual sexual harassment prevention training requirements in your agency, access the PIA Webinar, New York Sexual Harassment Prevention Training. Cuomo issues report on paid family leave
Earlier this week, Gov. Andrew M. Cuomo issued a report on the status of the paid family leave regulation in its first year. According to the report, more than 8 million workers have been covered by the regulation—2 million of which did not have coverage under the federal Family & Medical Leave Act—and more than 128,000 New Yorkers used paid family leave in the first year. New York’s paid family leave regulation went into effect in January 2018. It entitles employees of covered employers to have protected, paid leave to bond with a child after birth, placement or adoption; to take care of a qualified family member during a serious illness; and for a qualified military exigency. New legislation protects immigrant workers from workplace harassment
Gov. Andrew M. Cuomo signed S.5791/A.5501 into law on July 27, 2019, which creates penalties for discrimination or retaliation against immigrant employees. The law states that contacting immigration authorities on an employee or his or her family because the employee has filed a complaint under the Labor Law is considered retaliation, and thus, against the law. This legation was submitted by Attorney General Letitia James whose office says it has received numerous credible reports of employers threatening immigrant workers with potential deportation for filing complaints under the Labor Law. The new law goes into effect Thursday, Aug. 15, 2019. For more information about the new, and existing, Labor Laws in New York state, click here. Cuomo signs law to support wage equality
Gov. Andrew M. Cuomo signed S.6549, which prohibits employers from requesting, requiring or seeking salary history from job applicants as a condition of employment; receiving an interview; or continued employment or promotion yesterday. According to the sponsor, Sen. David Carlucci, D-38, employers use this information to justify their lower pay rate and/or marginal pay increase for employees, which is a root cause of continued wage inequality. The goal of the legislation is to enforce equal pay laws passed over the last 50 years and ensure fair pay for women and minorities. The law will go into effect Jan. 27, 2020. Payroll cap and maximum weekly WC benefit change July 1
The payroll cap under the New York Workers’ Compensation Construction Employment Payroll Limitation Program will be increased from $1,357.11 to $1,401.17 per week for policies with effective dates on and after July 1, 2019. According to provisions in the 2007 Workers Compensation Reform Act, this limit is adjusted every year based upon changes in the average weekly wage as calculated by the New York State Department of Labor. For changes to the WC manual, see Bulletin 2480. Also, the maximum workers’ compensation weekly benefit is two-thirds of the statewide average weekly wage, so the maximum weekly benefit will be $934.11 effective July 1, 2019 (up from $904.74 in 2018). New York state minimum wage rises effect Dec. 31, 2018
Gov. Andrew M. Cuomo today announced the minimum wage increase will take effect on Dec. 31, 2018, rising to $15 for large employers in New York City and continuing to rise all across the state. The governor also launched a Wage Theft Hotline (888) 4-NYSDOL for workers to report employers not complying with the increase. In coordination with the increase, the New York State Department of Labor will release a multimedia public education campaign to raise awareness about the new minimum wage. Model sexual harassment policy and training released
Earlier this year, a law was passed in New York state to require all employers to implement annual sexual-harassment training and develop a sexual harassment policy. The law allows employers to use a model sexual harassment program and policy or implement their own program that meets or exceeds state requirements. Last week, the New York State Department of Labor, in conjunction with the division of human rights, produced a draft model sexual harassment prevention training program as well a draft model sexual harassment policy. Minimum requirements for training programs and prevention policies also were provided. The state also released an FAQ to help answer common employer questions such as: how often training must occur, and what to do about new employees. According to the FAQ, employers have until Jan. 1, 2019, to make sure all employees have completed the required training. New anti-sexual harassment protections
Both New York State and New York City have added anti-sexual harassment laws to the New York Civil Practice Law and Rules and New York’s General Obligation Law that became effective July 11, 2018. Additional training, policies and other obligations will become effective in September and October. More … What to know: State’s new harassment laws
This year’s state budget included changes to New York’s sexual harassment prevention law. Businesses now will be required to have a written sexual harassment prevention policy that meets or exceed minimum standards that will be set by the state Division of Human Rights; and employers will have to have an annual training program. The new law also holds employers liable for sexual harassment of non-employees (e.g., contractors, subcontractors, vendors and consultants). State minimum wage, salary thresholds for executive, administrative exemptions to increase
The state minimum-wage rate and the state salary threshold to qualify for the executive and administrative exemptions will increase, effective Sunday, Dec. 31. New York does not set a salary threshold to qualify for the professional exemption, so employees must meet the current federal salary threshold of $455 per week to qualify for the professional exemption. For all of the white-collar exemptions, employees must also meet the applicable duties requirements. The minimum-wage rate under the Fair Labor Standards Act remains $7.25 per hour and the U.S. Department of Labor’s efforts to raise the minimum salary to qualify for a white-collar exemption under federal law have stalled. Public entities must opt in/out of N.Y.’s paid-family leave
Public entities that do business in New York state may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide disability benefits must email the section to opt in (or not) to the WCB on or before Friday, Dec. 1, 2017. N.Y. Gov. Cuomo proposes new ‘call-in’ pay, scheduling requirements
Gov. Andrew Cuomo this week proposed regulations that would make employers in New York subject to new “call-in” pay and scheduling requirements. The New York State Department of Labor will publish the regulations in the State Register on Wednesday, Nov. 22. If enacted, the proposed regulations would amend New York’s catch-all “Miscellaneous Industries” minimum-wage order, including those portions applicable to non-exempt “nonprofitmaking institutions” across the state. The DOL held hearings across the state, which then led to issuance of the proposed regulations. Revised paid family leave proposal released by WCB
The New York State Workers’ Compensation Board released a revised version of the proposed paid family leave regulations recently. The regulation goes into effect Thursday, Jan. 1, 2018, and the duration of benefits will be phased in until 2021, when it will require almost every private employer to provide 12 weeks of paid leave to its employees. The WCB received over 100 comments during the open comment period for the proposal, and it subsequently made several revisions. Now, another 30-day comment period is open for the public to provide input on the changes. This comment period will close Friday, June 23. PIANY created a rundown of the revisions made to the proposed regulation and highlighted key elements in the proposal. NYC employers to be banned from asking applicants about compensation history
The New York City Council last week approved legislation that will ban almost all employers in New York City from asking job applicants about their compensation history and relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract, unless that applicant freely volunteers such information. New York City Mayor Bill de Blasio has not yet signed the bill, but he is expected to do so. The legislation will become effective 180 days after de Blasio signs. Comment period on proposed paid family leave regulations closes April 7
The New York State Workers’ Compensation Board proposed regulations concerning the state’s new Paid Family Leave law was passed as part of the 2016 state budget and will eventually require virtually every New York employer to provide employees with up to 12 weeks of paid leave. The Workers’ Compensation Board will be accepting comments on the proposed regulations until Friday, April 7. Paid Family Leave coverage rule posted
The Workers’ Compensation Board proposes the addition of Section 355.9 and Part 380, as well as amendment of Parts 360, 361 and 376 of 12 NYCRR to provide guidance to employers, insurance carriers and employees regarding their rights and responsibilities in providing Paid Family Leave coverage, requesting PFL, and the use of PFL benefits. The Notice of Proposed Rule Making was published in the Feb. 22, 2017, edition of the State Register. Comments on the proposed rule should be submitted to https://www.surveymonkey.com/r/PFL_Reg_Comments, which will be accepted for 45 days. Cuomo announces regulations to implement paid family-leave program
Gov. Andrew M. Cuomo this week announced that the state has filed regulations for the implementation of New York’s paid family-leave program, the most comprehensive paid family-leave program in the nation. The new regulations provide guidance to employers, insurance carriers and employees about their rights and responsibilities under the law. Cuomo has launched a new website to answer questions and provide further information about the new law. Comments on the proposed rule will be accepted for 45 days. Regulations regarding payment of wages by debit card, direct deposit revoked
In a decision issued this week, the New York State Industrial Board of Appeals revoked regulations regarding payment of wages by debit card and direct deposit. The IBA concluded that the New York State Department of Labor commissioner exceeded his “rulemaking authority and encroached upon the jurisdiction of the banking and financial services regulators.” Employers need not act to come into compliance with those regulations at this time, although an appeal is possible. The full decision is available here. State DOL issues new regulations for payroll options
New regulations (12 NYCRR Part 192) will require New York employers to satisfy certain notice requirements and obtain employees’ informed consent before paying wages by debit card or direct deposit. These regulations are effective March 7, 2017. The New York State Department of Labor has posted model templates for written notice and consent for payroll debit card and direct deposit for public comment and feedback, which is due by Friday, Feb. 10, 2017, by emailing regulations@labor.ny.gov. State salary threshold for executive, administrative exemptions increase
The New York State Department of Labor’s final rule increasing the salary threshold applicable to exempt executive and administrative employees is now in effect. Under the state’s labor law, the salary threshold for executive and administrative employees increased from $675 to $727.50 per week. State DOL proposes to raise salary threshold for exempt employees
The New York State Department of Labor recently proposed significant changes to the salary threshold applicable to exempt executive and administrative employees in New York state. Currently, the salary threshold for executive and administrative employees is set at $675 per week. With the minimum wage set to gradually increase in coming years, the NYSDOL has proposed corresponding increases in the applicable salary threshold. As a result of these proposed increases, New York’s salary threshold will overtake the federal threshold in coming years. After a 45-day public comment period, the NYSDOL will likely move toward finalizing the proposed changes. Surcharge on unemployment insurance dropping
New York labor officials announced the state’s interest assessment surcharge on unemployment insurance—which is used to repay interest on funds borrowed from the federal government to pay unemployment claims that exceeded the fund balance—is dropping this year for the average business to less than $1 per employee. Revisions in the program and an improved economy have led to a positive balance in the state’s Unemployment Insurance Trust Fund for the first time since 2009, according to the Labor Department. The interest assessment surcharge rate has dropped from $21.25 per employee in 2011 and is scheduled to be phased out next year. PIANY confirms no employer annual notices required for 2015
PIANY reached out to the New York State Department of Labor to confirm that the department will not require annual statements in 2015. PIANY asked the DOL whether it would be safe for employers to delay the issuance of these notices in anticipation of quick legislative action in January. The DOL quickly responded with an advisory note on its website clarifying that employer annual notices will not be required for 2015. New York minimum wage increased on Dec. 31, 2014
The minimum wage for employees in New York will increase from $8 per hour to $8.75 per hour effective Dec. 31, 2014. The minimum wage for New York employees will increase again to $9 per hour effective Dec. 31, 2015. Employers in New York also should keep in mind that the minimum salary under state law for employees to qualify for the executive and administrative exemptions will increase from $600 per week to $656.25 per week effective Dec. 31, 2014. The minimum salary under state law to qualify for the executive and administrative exemptions will increase again to $675 effective Dec.31, 2015. New law requires employers to grant leave to volunteer emergency responders
New York employers must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency, effective Dec. 22, 2014. Employees eligible for such leave include volunteer firefighters and volunteer ambulance service personnel who have given their employer prior written documentation regarding their volunteer status or whose duties as a volunteer firefighter or member of a volunteer ambulance service are related to the declared emergency. Human Rights Law amendment protects unpaid interns
Gov. Andrew M. Cuomo signed a bill that amends the New York Human Rights Law by adding Section 296-c, "Unlawful discriminatory practices relating to interns" on July 24. The change in the law prohibits employers from discriminating against unpaid interns—and prospective interns—on the basis of age, race, religion, color, nation of origin, sexual orientation, military status, sex, disability, predisposed genetic characteristics, marital status or domestic violence victim status. NYC employers now must comply with new Paid Sick Leave Law
N ew York City’s new Paid Sick Leave Law applies to most employees in the city and is now in effect. Employees can start using earned sick leave on July 30, 2014. Employees who work in NYC for more than 80 hours a year can earn up to 40 hours of sick leave each year to care for themselves or a family member. Employers, including a nonprofit or small business, must provide the following: paid sick leave if they have five or more employees who work in NYC or unpaid sick leave if they have fewer than five employees; and two days of paid sick leave to domestic workers who have worked for an employer for more than one year, in addition to the three days of paid rest to which domestic workers are entitled under New York State Labor Law. Gov. Cuomo issues warning to employers violating minimum wage laws
Gov. Cuomo issued a warning to employers not complying with the state’s minimum wage laws, emphasizing that failure to comply can result in fines, charges and civil or even criminal punishment. Resources, including one-on-one support and a streamlined reporting process, are available to help businesses come into compliance with the minimum $8 per hour that went into effect on Dec. 31, 2013. A business in need of assistance or a worker looking to file a complaint should call: (888) 469-7365 to be routed the minimum wage hotline. New York's minimum wage is $8 an hour starting Dec. 31
The New York State Department of Labor announced that the state’s minimum wage increased to $8 per hour starting Dec. 31, 2013. New York employer reminder: Fair Credit Reporting Act
The new Fair Credit Reporting Act requirements took effect on Jan. 1, 2013. Employers who engage third parties to perform background checks on employees or job applicants must provide the employees/applicants with an updated "Summary of Rights." The form is available here, at "Appendix K to Part 1022—Summary of Consumer Rights." IRS offers guidance on new health benefits cost-reporting requirements
In a recent notice, the Internal Revenue Service offers employers, benefit plan administrators and others more advice on how to apply the new Form W-2 health benefits cost-reporting requirements. The notice also outlines the reporting rules for flexible spending accounts. Department of Labor web tool helps employers understand OSHA recordkeeping
The U.S. Department of Labor offers a web tool to help employers understand their responsibilities to report and record work-related injuries and illnesses under OSHA regulations.
Vermont
Progress made on Vermon'ts FMLI plan implementation
Gov. Phil Scott last week announced continued progress toward the implementation of the Vermont Family and Medical Leave Insurance Plan. The Department of Financial Regulation approved the VT-FMLI insurance coverages and rates filed by The Hartford, a private insurance carrier that was selected to deliver and administer the program benefits. Phase 1 of the three-phased program goes into effect on Saturday, July 1, 2023, when state employees are enrolled in the program. Vermont's voluntary paid family and medical leave program
Gov. Phil Scott this week announced that Vermont has hired The Hartford to create the Vermont Family and Medical Leave Insurance Plan, a voluntary paid family and medical leave program that will give all working Vermonters access to affordable paid family and medical leave insurance by 2025. Vermont House overrides governor’s veto to raise minimum wage
The Vermont House of Representatives overrode Gov. Phil Scott’s veto to raise the state minimum wage yesterday. This action follows the override from the Senate on Feb. 13, 2020. Scott vetoed the bill because he worried about its consequences—including its negative impact on the Vermont economy. But according to a Vermont Public Radio poll, most respondents support a minimum wage increase, and they also support Scott. According to the poll, Scott’s approval rating is 57%. The minimum wage will increase from $10.96 to $11.75 next year, and up to $12.55 by 2022. State’s minimum wage increase effective 2020
The Vermont Department of Labor announced an increase to the state’s minimum wage from $10.78 to $10.96, effective Wednesday, Jan. 1, 2020. The calculation for this increase, as well as for subsequent years, is determined by state statute, which calculates the rate of inflation using the Consumer Price Index. The recent increase of 1.7% to the CPI, applied to last year’s minimum wage, raised the rate by $0.18 per hour. Vermont and New Hampshire governors propose joint PFL plan
New Hampshire Gov. Chris Sununu and Vermont Gov. Phil Scott proposed a joint paid family leave plan on Jan. 16, 2019. The proposal would create a private insurance company to administer the benefit to employees in Vermont and New Hampshire enrolled in the plan. State workers would automatically be enrolled in the plan, a total of 18,500 workers. Private businesses would have the option to voluntarily enroll their staff in the program. Employees would then be eligible to take up to six weeks of paid leave while receiving 60 percent of their salary. Any individual employee not enrolled by their employer could join the plan on their own. The governors assert the inclusion of state workers in both states would create a large enough risk pool to make the program viable for any employee in either state to join. New Hampshire Democrats have already come out in opposition to Gov. Sununu’s proposed plan with Senate Majority Leader Dan Feltes ,D-15, calling it a “PR stunt.” The New Hampshire Democratic Party Chair Ray Buckley released a statement criticizing the plan and stating the Democrats in the state have been working on a plan that incorporated Gov. Sununu’s previous criticism of PFL. Vermont Democrats also opposed the proposal and unveiled their own paid family leave proposal. Last year, the New Hampshire House passed legislation to create a paid family leave program in the state. The Senate did not pass the legislation after Gov. Sununu called paid family leave “a paid vacation.” Following the 2018 elections, the Senate changed from Republican to Democrat control. Public entities must opt in/out of N.Y.’s paid-family leave
Public entities that do business in New York state may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide disability benefits must email the section to opt in (or not) to the WCB on or before Friday, Dec. 1, 2017. New law lowers employer WC fund contributions
Gov. Phil Scott earlier this month signed into law an economic development bill (S.135) that will reduce employer contributions to the workers’ compensation fund. By reducing employer contributions from 1.75 to 1.4 percent, the law will help make Vermont more affordable. The law also increases the penalties for violations of the state’s workers’ compensation and Occupational Safety and Health Administration rules. Portions of the law went into effect upon its signing, and the rest of the provisions will become effective Saturday, July 1. More … Some businesses to receive insurance interest refunds
The Vermont Department of Labor announced this week that a number of businesses will be receiving refunds because of improperly calculated interest on past-due balances for unemployment insurance and health care assessments. According to the department, state law requires the DOL to charge 1.5 percent interest per month on unpaid contributions. A decade-old coding error resulted in interest overpayments. The error existed as far back as 2008, and it caused a .05 percent overcharge during certain months. Businesses that overpaid in the last three years will received a refund. Businesses that overpaid prior to 2014 should call the department for assistance. The problem was corrected June 8, 2017. State House passes paid family leave
The state House recently passed a bill that would guarantee paid family leave. The bill would guarantee six weeks at 80 percent pay or the equivalent of about $26 an hour, whichever figure is lower, for workers who need time off for the birth of a child or to take care of a loved one. The program would cost about $17 million and is estimated to cover more than 6,000 leave requests in its first year. While the bill will not become law this year, the vote will force discussion in the Senate next year. Family, medical leave bill passes out of committee
The House Committee on General, Housing and Military Affairs voted favorably to advance H.196, a bill that would create a family and medical leave insurance program. The program would provide up to 12 weeks of paid leave to cover a worker’s absence for a qualifying condition, including caring for a new child, a seriously ill loved one or themselves. As passed out of the committee, the bill eliminates the payroll tax and funds the insurance program through a 0.93 percent income deduction, with the option for the employer to contribute to the cost. The bill is expected to head to the House Committee on Ways and Means. State Supreme Court decision on labor sparks action
The House Commerce and Economic Development Committee is scheduled to hear testimony this week on three bills that would change the state’s labor laws after a recent decision from the Vermont Supreme Court. The court case dealt with the classification of two workers in relation to whether the company needed to pay taxes for unemployment insurance. The court applied a three-part test to determine whether the workers were employees or independent contractors. New report released on paid family leave in state
A new report revealed that a proposal to make Vermont the fifth state in the country to ensure paid family and medical leave for all employees in the state could cost as much as $79 million. Lawmakers have been talking for years about the possibility of a statewide paid family and medical leave program. Earned sick time law effective Jan. 1, 2017
The Vermont Department of Labor has advised that as of Jan. 1, 2017, most employers in the state will be required to provide their employees with paid sick leave. The VTDOL is charged with enforcing the new law. For a copy of the mandatory workplace poster, click here. For a series of “Frequently Asked Questions,” click here.
Agency HR audit
Begin the audit procedure
Through a series of questions in the HR audit, the agency's human resources manager will be able to ascertain areas in the agency that are in need of further review and possible implementation.
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