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All Posts Tagged: law

Quarterly State Legal Update from CEDR: New York

A Compliance Alert from CEDR HR Solutions, a MedResults Network Preferred Vendor Partner

We are writing to inform you of some important state updates that have been made recently in New York. Below is an overview of the updates that have recently gone into effect in 2019. Feel free to share this information with your clients in New York as they may be affected and will need to update their employee handbook. The following updates need to be made immediately:           

  • New York Year in Review: Legislatures in the state have been keeping employers busy this year.
  1. New York City Creates Gender-Based Anti-Harassment Unit – Effective January 25, 2019

New York City has created an investigations unit devoted solely to gender-based and sexual harassment complaints in the workplace.  The creation of this unit follows on the heels of sweeping sexual harassment prevention laws passed in both New York state and New York City in 2018.  The investigations unit has been created under the existing NYC Commission on Human Rights, with a goal to increase the speed and efficiency with which gender-based and sexual harassment claims are resolved.  

  1. New York City Issues Guidance on Race Discrimination on the Basis of Hair – Effective February 20, 2019

New York City released guidance prohibiting employers from taking adverse action against employees who wear their hair in styles reflecting their racial, cultural, or ethnic identity.  The guidance particularly focuses on discrimination against black workers, and specifically addresses the right of employees to wear their hair in braids, locs, cornrows, twists, Bantu knots, fades, Afros, or to keep hair uncut or untrimmed. 

  1. New York State Prohibits Transgender Discrimination – Effective February 24, 2019

New York state has passed a law prohibiting employers with 4 or more employees from discriminating against employees based on gender identity or gender expression.  The Gender Expression Nondiscrimination Act (“GENDA”) adds gender identify and expression to the list of protected classes in employment.  This means that employers cannot take adverse employment actions based on an employee’s gender identity or gender expression (including, but not limited to, the status of being transgender).  An adverse action includes refusing to hire, terminating, or discriminating in the conditions of employment. 

  1. Westchester County, New York Requires Sick Leave – April 10, 2019[1]

Westchester County, New York has passed a new law requiring all employers to provide sick leave to their employees. Effective March 30, 2019, the law will require employers with five (5) or more employees to offer paid sick time, and those with fewer than five (5) employees may offer unpaid sick time. The amount of time that can be used per benefit year is 40 hours.

  1. New York City Implements Protections for Reproductive Choices – Effective May 20, 2019

New York City has passed a law prohibiting employers with 4 or more employees from discriminating against employees based on their “sexual or reproductive health decisions.” What this means is employers cannot take adverse employment actions based on an individual’s choice to receive services such as fertility-related procedures, sexually transmitted disease prevention and treatment, family planning services, emergency contraception, sterilization procedures, pregnancy testing, and abortion.  

It’s very important that your clients consider updating their policies for these new laws, and if an issue arises related to these laws, it’s critical to have access to HR professionals to advise you. That’s why the CEDR Solution Center exists. For a low, one-time fee for a custom employee handbook and a monthly membership fee, they can gain access to unlimited HR support AND automatic handbook updates. 

If you have any questions or if you need guidance on your current employee handbook or creating a new one, email CEDR at info@cedrsolutions.com or visit their MedResults Member landing page RIGHT HERE.

CEDR HR Solutions is a Preferred Vendor Partner of the MedResults Network and offers discounts on employee handbooks and HR support!

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Monthly Overview of State Legal Updates from CEDR

Your Monthly Overview of State Updates

A Compliance Alert from CEDR HR Solutions, a MedResults Network Preferred Vendor Partner

Below is an overview of the states that have recently passed law changes. Please read carefully as you may be affected and will need to update your employee handbook depending on what state you’re in. The following updates need to be made immediately:           

  • Vermont Paid Sick Leave Minimum Increase – January 1, 2019: Vermont employers should already be providing paid sick leave to their employees, as the state sick leave law went into effect almost two years ago. The law initially required all employers to provide at least 24 sick leave hours per year, but that increased to 40 hours on January 1, 2019.  
  • NYC Requires Greater Accommodations for Nursing Mothers – March 18, 2019: A new amendment requires employers to make greater accommodations for nursing mothers, including having a designated lactation room meeting specific requirements.
  • Connecticut Offering Mandatory Retirement Plans for Employees – Effective January 1, 2019: CT has created a state-sponsored retirement benefit program for employees. Read more about the status of this program, and how it impacts you as an employer
  • Illinois had several updates that have been included below:

    • Expense reimbursements – increased obligation to reimburse employee expenses; Mileage: If you require your employee to drive their car, you need to reimburse mileage. Note that this is for business travel and NOT for regular commutes to work. Remote work: If you have an employee who works from home, you may need to reimburse them for a portion of their Internet and cell phone costs.
    • Sexual harassment prevention – mandatory poster and handbook policies; The law has been expanded, and now requires employers to have specific information about sexual harassment in their written policies, and to display a new sexual harassment poster.
    • Nursing mothers – right to take paid breaks during the workday; the law clarifies that employees have the right to take breaks to pump for up to one (1) year after the child’s birth, and that those breaks need to be paid time.
    • Military rights – employees in the military get increased protection; All Illinois employers are now subject to the Illinois Service Member Employment and Reemployment Rights Act (ISERRA), which took effect January 1, 2019.  This law goes beyond the existing protections of federal law.
    • Equal pay rights – expansion of this law to address race as well as gender; Since 2003, Illinois has prohibited all employers from paying women less than men.  Now the Equal Pay Act has been amended to clarify that employers are also prohibited from paying African-American employees less than non-African-American employees for the same or substantially similar work.
    •  Cook County sick leave – some towns are opting back into the law; The Cook County sick leave law caused great confusion for months back in 2017, as many municipalities with home rule authority voted to opt out of the law – and then sometimes opted back in. The dust still has not settled, as 2018 saw some towns opt back into the law. Then the November 6th ballot included a voter question on the law, with the results showing overwhelming support for it. This has caused some towns to reconsider their opt-out status, so employers in Cook County should be on the lookout for potential changes.

It’s very important that you consider updating your policies for these new laws, and if an issue arises related to these laws, it’s critical to have access to HR professionals to advise you. That’s why the CEDR Solution Center exists. For a low, one-time fee for a custom employee handbook and a monthly membership fee, you can gain access to unlimited HR support AND automatic handbook updates. 

If you have any questions or if you need guidance on your current employee handbook or creating a new one, email CEDR at info@cedrsolutions.com or visit their MedResults Member landing page RIGHT HERE.

CEDR HR Solutions is a Preferred Vendor Partner of the MedResults Network and offers discounts on employee handbooks and HR support!

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How Will Salary Changes Affect Your Practice?

Although we have nearly 3,000 aesthetic medical members across the US, we occasionally get calls from California-based practices regarding medical-related issues, product and treatment legality, and labor laws.  Earlier this year, California’s Governor, Jerry Brown, signed Senate Bill 3, which increased California’s minimum wage annually, reaching $15 per hour for employers with at least 26 employees by January 1, 2022.  For many of our smaller practices in California, this does not apply due to the number of employees at your practice.

However, it’s important to note that while CA-businesses that do not employ at least 26 employees will NOT be affected on January 1st, 2017, they WILL be affected a year later, on January 1st, 2018.  Keep in mind that if you have exempt employees, this could also affect their salaries.

Federal Salary Increase on Hold; California Salary Increase Takes Effect January 1st

December 1st – No Change to Federal Minimum Exempt Salary on Hold: Earlier this year, the federal Department of Labor (DOL) published new minimum salary requirements for exempt employees, which were slated to go into effect on December 1st. The state of Texas, along with 20 other states, filed a lawsuit and motion for a preliminary injunction to stop the rule from taking effect. On November 22nd, the court issued the preliminary injunction, which effectively stops the DOL from implementing or enforcing the new rules at this time. It is unknown whether the DOL will oppose the lawsuit outright, seek to modify the rules and try again, or take other steps. For now, the federal minimum salary increase for exempt employees is on hold.

January 1st – Change to California Minimum Wage and Minimum Exempt Salary: As of January 1, 2017, California’s minimum wage will rise by $.50, from $10.00 to $10.50 per hour. In order to qualify for exempt status, an employee’s salary must be at least double the hourly minimum wage @ 40 hours per week, regardless of the number of hours the exempt employee actually works. Thus, California’s new minimum wage raises California’s minimum salary requirements for exempt employees as follows: (a) from $800 per week to $840 per week; (b) from $3,467 to $3,640 per month; and (c) from $41,600 to $43,680 per year.

At MedResults Network, we encourage all of our members to begin assessing your compensation plans to prepare to adjust compensation for your nonexempt and exempt employees!

SOURCE: SCOTT & WHITEHEAD, LABOR & EMPLOYMENT LAW, LITIGATION & COUNSELING

If you have questions on how to prepare for compensation changes in your practice, contact MedResults Network affiliates and industry consultants, Jay & Mara Shorr at info@thebestmbs.com or 561-289-4640.

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