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ERISA: Everything Ridiculous Imagined Since Adam, But Important Nonetheless Posted on: September 20, 2021 In: Labor & Employment
ERISA, also known as The Employee Retirement Income Security Act of 1974, is sometimes as confusing to judges as it is to lawyers. Therefore, it is not surprising that both large and small employers often fail to familiarize themselves with the basic tenets of ERISA before providing health insurance and other “welfare” benefits to their employees.
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erisa, employee benefits, health insurance, retirement, welfare, human resources
Massachusetts Minimum Wage: Things Are Looking Up Posted on: August 31, 2021 In: Labor & Employment
On January 1, 2021, Massachusetts increased its minimum wage to $13.50 per hour (from $12.75 per hour). The Bay State will continue to raise this wage annually in steps ($0.75 per year) to reach a minimum wage of $15.00 per hour in January 2023. Of note, there are numerous circumstances in which different wages may be paid.
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massachusetts, minimum wage, wage and hour, premium pay, payroll
Charlotte Enacts Non-Discrimination Ordinance: A Growing Trend Among Local Governments Posted on: August 27, 2021 In: Labor & Employment
Throughout the country, employers are being confronted with layers of laws that will likely further complicate the already complex task of managing a business. For example, on August 9, 2021, the Charlotte City Council amended its non-discrimination ordinance (NDO) to include broader anti-discrimination protections for individuals designated as “Protected Classes” by the city. The NDO created a new provision in the Charlotte City Code prohibiting employment discrimination by private employers.
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charlotte, ndo, discrimination, civil rights act, employment law
China’s Personal Information Protection Law Brings Heightened Data Privacy Regulation to the People’s Republic Posted on: August 27, 2021 In: Data Privacy & Cybersecurity
On August 20, 2021, at the closing meeting of China’s National People’s Conference Standing Committee in Beijing, lawmakers approved the Personal Information Protection Law (PIPL). The PIPL legislates for the protection of personal information and will take effect on November 1, 2021. For businesses transacting with China, the PIPL promises a shift in the way cross-border business is done. This post covers key provisions of the new law to help businesses prepare for the enactment of this legislation.
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china, pipl, gdpr, data privacy, personal information
Important Updates on Colorado’s Equal Pay Transparency Rules Posted on: August 10, 2021 In: Labor & Employment
Colorado’s Equal Pay for Equal Work (EPEW) Act went into effect on January 1, 2021, prohibiting any employer from discriminating between employees on the basis of sex by paying an employee of one sex less than the rate paid to an employee of a different sex for substantially similar work. The Colorado Department of Labor and Employment (CDLE) recently adopted Equal Pay Transparency Rules, clarifying the internal and external job posting requirements of the EPEW Act for Colorado employers.
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colorado, epew, equal pay, hiring, human resources
7 Helpful Tips for Interviewing Potential Employees Posted on: August 05, 2021 In: Labor & Employment
As many businesses look optimistically into the future, they may be eager to hire new employees. Here are seven tips to help employers reduce risk of liability in interviewing job applicants.
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human resources, employment, employment law, interview, hiring, liability
Colorado Enacts New Preferential Hiring Law for Veterans Posted on: July 30, 2021 In: Labor & Employment
On June 23, 2021, Colorado Governor Jared Polis signed a Veterans’ Hiring Preference law that will allow employers to show preference to veterans in hiring decisions in the Centennial State. Under the new law, C.R.S. § 8-1-153, private employers may enact a Veterans’ Preference Hiring Policy in which they prefer eligible veterans and eligible spouses of veterans over other applicants as long as the veteran or spouse is as qualified as other applicants.
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colorado, veterans, hiring, human resources, employment law
Wage Discrimination & Unequal Pay: Navigating Federal and California Laws Posted on: July 26, 2021 In: Labor & Employment
Although it has been over 50 years since the enactment of the federal Equal Pay Act, closing the wage gap between men and women remains a focal point for state and federal legislatures alike, with varying degrees of success. Measures such as the Paycheck Fairness Act have been repeatedly introduced to the United States Congress (and have failed to advance as recently as last month). In contrast, California has pushed ahead in recent years with sweeping changes to its own version of the Equal Pay Act.
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wage discrimination, equal pay, cepa, payroll, wage and hour, california
Colorado Supreme Court Holds Employees Cannot Forfeit Vacation Pay Offered By Employer Posted on: July 23, 2021 In: Labor & Employment
In the last year, Colorado has, not surprisingly, experienced a dramatic increase in employment-related laws, rules, and regulations. Most recently, in June 2021, the Colorado Supreme Court issued a long-awaited ruling in the Nieto v. Clark’s Market matter, which concerns the forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA). The court held that employers cannot implement policies that require employees to forfeit vacation pay that’s already been earned, even if they contract otherwise.
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colorado, vacation pay, cwca, payroll, employee benefits
Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: Labor & Employment, COVID-19 Response
Now that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
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flsa, reimbursement, commuting, payroll, covid-19
Legislative Alert: Enhanced Privacy Protections Signed Into Law in Connecticut Posted on: July 21, 2021 In: Data Privacy & Cybersecurity
Connecticut is part of the steady stream of states enacting more complicated and demanding data privacy and cybersecurity laws in 2021. The state joins Colorado and California in adding both a new privacy law and a new cybersecurity law. In this post, we review the key elements of Connecticut's Act Concerning Data Privacy Breaches and its Act Incentivizing the Adoption of Cybersecurity Standards for Businesses.
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connecticut, legislative alert, data privacy, cybersecurity, personal information
Growing Nationwide Emphasis on Pay Transparency: What Employers Need to Know Posted on: July 20, 2021 In: Labor & Employment
Now, more than ever, employers are faced with a nationwide outcry for greater transparency around pay equity and pay transparency, both from employees and potential customers. The Biden Administration certainly echoes these sentiments, and has expressed a desire to pass new pay equity and transparency laws on the federal level. However, numerous states and local governments are not inclined to wait for the federal government to act and have instead begun to pass their own pay equity and transparency laws.
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pay transparency, payroll, equal pay, maryland, colorado, connecticut, california