Nebraska SHRM – Legislative Director Update March 17th, 2017

March 17, 2017 Update

Additional Updates

  • President Trump has proposed a budget that would reduce the Department of Labor funding by 21% for 2018
  • The House of Representatives has voted to block a new OSHA recordkeeping rule implemented in the last weeks of the Obama Administration.  “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” was published in the Federal Register on December 19, 2016 and became effective on January 18, 2017.  You can read more here:  http://www.jacksonlewis.com/publication/house-representatives-votes-block-osha-recordkeeping-rule
  • There are a number of employment and labor city ordinances and state laws that are scheduled to take effect throughout the country in 2017.  In the event you have employees in other jurisdictions, you want to ensure you stay ahead of these changes.  I have highlighted a few below:
    • Arizona Minimum Wage Hike, Paid Sick Leave Upheld  (State Supreme Court ruled earlier this week rejecting a constitutional challenge) (effective 7/1/17 pending litigation)
    • California Governor signed legislation which requires all single-occupancy restrooms in any business establishment to be identified as “all gender” and to be universally accessible.  Effective Date 3/1/17)
    • Berkeley CA enacted the “Paid Sick Leave Ordinance” effective 10/1/17
    • San Jose CA enacted the “Opportunity to Work Ordinance effective 3/13/17 (Promotes full time jobs and prevents San Jose employers from choosing to employ workers on a part0time basis only as a means of reducing costs of providing health insurance or other benefits)
    • The District of Columbia restricts credit history Use – the effective date is still pending.
    • The Chicago City Council unanimously passed the Chicago Minimum Wage and Paid Sick Leave Ordinance.  The ordinance will take effect on July 1, 2017
    • Cook County, Illinois passed paid sick leave and is slated to go into effect on July 1, 2017
    • Massachusetts enacted the Pay Equity Act which is scheduled to take effect on July 1, 2018 – makes it unlawful for employers to pay men and women different rates for “comparable work.”
    • Minneapolis, MN passed Paid Sick Leave scheduled to effect on July 1, 2017
    • St. Paul, Minnesota passed a paid sick and safe time ordinance that takes effect July 1, 2017
    • New York Paid Family Leave scheduled to take effect 1/1/18
    • A new Philadelphia ordinance restricting the use of wage history in hiring decisions has been signed by the Mayor and scheduled to take effect on 5/23/17
    • Puerto Rico is overhauling its employment law regime through the enactment of the Labor Transformation and Flexibility Act.
    • Washington state enacted the Paid Sick Leave legislation that will take effect on 1/1/18
    • Seattle Washington enacted the Scheduling Ordinance that takes effect on 7/1/17 which will require certain employers to provide new hires with a good faith estimate of their work hours and to give employees their work schedule 14 days in advance.