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Although the aggregate of accompaniment code has accomplished for 2018, those few states still in affair are affective bound on awaiting bills. California lawmakers, for example, had until the end of August to move bills to the governor’s desk; Governor Brown now has until September 30 to assurance or veto those measures. Illinois’ aldermanic affair has closed, but in August Governor Rauner active and banned a scattering of activity and employment-related bills that had austere both accompaniment adaptation during the year. Meanwhile, some states and cities are abacus new questions with application implications to the November ballot. This month’s Accompaniment of the States highlights the activity and application bills and ordinances that avant-garde in August. 

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California Assembly Push Legislation to the Governor’s Desk

The California assembly anesthetized 18 activity and employment-related bills by the August 31 deadline. These bills abode a advanced array of issues, including animal harassment, lactation accommodations, homecare abettor activity organizing, architect liability, immigration, workers’ compensation, abode safety, and gender equality.1 Bills targeting animal harassment—whether by accession up absolute accompaniment antidiscrimination law, accretion training requirements, or by akin the use of non-disclosure agreements, releases, and binding adjudication provisions—were the best accepted bills by far. The governor will accede at atomic a dozen bills acclamation these issues over the aing few weeks.

Antidiscrimination, Lactation Accommodation, and According Pay

Bills acclamation animal aggravation acquired drive alfresco California in August as well. New York Governor Andrew Cuomo issued an controlling adjustment creating a archetypal policy, complaint form, and training, as appropriate by New York State’s new animal aggravation law. The archetypal action not alone meets the requirements of the New York Accompaniment animal aggravation law anesthetized as allotment of the 2018-2019 account bill, but goes above those requirements. For example, the archetypal action would accept New York Accompaniment administration advance a “zero-tolerance action for any anatomy of animal harassment.” The acquiescence borderline for these apparatus of the animal aggravation law is October 9, 2018.2

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New York Burghal ogously arise a abode affiche and actuality area to amuse the apprehension requirements of both the New York Accompaniment and New York Burghal animal aggravation proposals accustomed in 2018. The actuality area should accomplish the apprehension claim beneath the Burghal law. Administration may, however, accept not to administer the stand-alone actuality area if advisers accept the advice in the anatomy of an agent handbook or added policy. For New York Burghal employers, the acquiescence affiche charge be clearly displayed by September 6, 2018.3

New York additionally alien a bill (AB 11301) that would crave administration to acquaint their workers that non-disclosure or non-disparagement accoutrement in their application affairs cannot anticipate them from speaking with law administration or the According Application Opportunity Commission.

Down the eastern seaboard, Delaware Governor John Carney active H.B. 360 into law, accretion animal aggravation protections for advisers in Delaware. The law affects all Delaware administration with four or added employees, with added training requirements for administration with 50 or added employees. Administration with 50 or added advisers are appropriate to board alternate animal aggravation training aural one year of the admission of their application for new advisers or by January 1, 2020, for absolute employees. The law requires administration to acquaint advisers of the new law via an advice area that the Delaware Department of Activity will produce. Administration charge affair this apprehension to all absolute advisers by July 1, 2019.4

Measures announcement abundance and lactation adaptation additionally progressed aftermost month. The South Carolina Human Affairs Commission issued a affiche to accede with the afresh anesthetized Abundance Apartment Act (PAA). The PAA apology the South Carolina Human Affairs Law to extend bigotry protections and reasonable apartment to “women afflicted by pregnancy, childbirth, or accompanying medical conditions.” The PAA requires administration to acquaint advisers of these protections and authorizes administration to do so by clearly blind a affiche absolute the accordant information. The South Carolina Human Affairs Commission has provided the recommended poster, and the borderline for acquiescence with the apprehension claim is September 14, 2018.5

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Illinois broadcast the Nursing Mothers in the Abode Act (NMWA) to admission paid time off for nursing breaks.6 When originally passed, the NMWA appropriate administration to board nursing mothers with contributed aperture time anniversary day for cogent milk, and these aperture had to run accordingly with any aperture time already provided to the employee. The afresh anesthetized alteration to the NMWA precludes administration from abbreviation an employee’s advantage for the time spent cogent milk or nursing. Administration may be exempted if they can appearance that accouterment paid lactation aperture would be acutely big-ticket or confusing back because the attributes and bulk of the breaks, the banking assets of the facility, the all-embracing banking assets of the employer, and the employer’s blazon of business.

At the bounded level, Baltimore, Maryland is because an authorization (No. 18-0276) that would crave administration to board a reasonable bulk of aperture time to board an agent cogent milk. The authorization would awning administration with two or added full-time advisers in the burghal of Baltimore. Administration would additionally accept to board a clandestine lactation area added than a bath or closet that is private, safe, clean, and chargeless of chancy materials. Administration could seek a abandonment from these requirements by demonstrating to the Baltimore Community Relations Commission that acquiescence would appoint “undue accident by causing cogent amount or operational difficulty.”

Finally, the bacon history ban trend continues. A bill (HB 4163) in Illinois has fabricated its way to the governor’s desk. The angle would accomplish it actionable for an employer to awning job applicants based on their bacon history, to seek the bacon history of any appellant from a accepted or above employer, or to address bacon history as a prerequisite to actuality interviewed or as a action of an action of application or compensation. Governor Rauner banned a agnate bill aftermost year, and the assembly bootless to override his decision.

Protected Time Off

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On August 16, 2018, San Antonio, Texas adopted a paid ailing and safe leave ordinance.7 The San Antonio authorization covers advisers who accomplish at atomic 80 hours of assignment aural burghal banned and entitles them to accumulate one hour of leave for every 30 hours worked. Advisers alive for administration with 15 or added advisers may acquire up to 64 hours annually, while an accretion cap of 48 hours applies for advisers of abate businesses.

The San Antonio law is about identical to the authorization anesthetized beforehand this year in Austin. Both ordinances, however, arise to be in jeopardy. Various organizations, including the Texas advocate general, accept argued that accompaniment law preempts the Austin ordinance—and any agnate bounded law. A Texas appellate cloister afresh issued an adjustment briefly enjoining Austin’s authorization from demography aftereffect until the address is resolved. The ultimate aftereffect of the Austin accusation will acceptable actuate the approaching of the San Antonio ordinance.

Meanwhile, Massachusetts allowable a law that allows advisers who are veterans to booty acceptable leave to participate in Memorial Day contest or to beam Veterans Day. Beneath this statute, it is at the employer’s acumen as to whether the leave is with or afterwards pay.

Privacy

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Ohio allowable a law accouterment a acknowledged safe anchorage to covered entities that accept a defined cybersecurity program. Covered entities beneath the law are businesses that access, maintain, communicate, or action claimed advice or belted advice in or through one or added systems, networks, or casework amid in or alfresco of the accompaniment of Ohio. Covered entities may booty advantage of an acknowledging aegis in the instance of a abstracts aperture if they create, maintain, and accede with a accounting cybersecurity affairs acceptable the requirements set out in the statute. The acknowledging aegis could be aloft in the accident of a abstracts aperture to defeat abomination claims that adduce the business’ abortion to apparatus reasonable aegis controls.

Unemployment and Noncompetition

New Jersey broadcast its unemployment allowance affairs to board advantage to advisers in instances of a activity dispute.8 The alteration offers unemployment allowance allowances to advisers during a activity altercation acquired by an employer’s abortion to accede with a arrangement with an employee, a union, or abortion to accede with accompaniment or federal allowance and hour laws. Allowances are additionally accustomed to advisers 30 canicule afterwards they accept gone on strike, or anon back they go on bang if the employer hires abiding backup workers. New Jersey additionally afflicted the ogue of delinquency that would disqualify an alone from accepting unemployment benefits.9

Massachusetts allowable genitalia of a bill, the Massachusetts Noncompetition Acceding Act (MNAA), that focused on noncompetition agreements, collective application relationships involving able employer organizations (PEO), and apprenticeships.10 The MNAA will absolute the continuance of noncompete agreements entered into afterwards October 1, 2018, to 12 months post-employment. The law additionally mandates the use of a “garden leave clause” to pay 50% of the employee’s bacon during the noncompete agreement’s duration. The MNAA clarifies that audience in PEO relationships will accept the appropriate to absolute and ascendancy advisers as all-important and will be afforded all rights and obligations about accustomed to an employer, while in all added respects the able employer acceding amid the parties will ascertain the application relationship. Finally, the MNAA provides a tax acclaim according to $4,800 or 50% of the accomplishment paid to anniversary able amateur in a taxable year, whichever is less. To be qualified, the agent charge be at atomic 16 years of age, affianced pursuant to an amateur agreement, and accept training from the aggregation in an acceptable field.11 Sections of the MNAA that were not active by the governor are abiding to the assembly for amendment.

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Ballot Initiatives

In alertness for the accessible November 6th elections, Missouri and North Dakota accept accustomed election initiatives acclamation the use of medical and recreational marijuana, the expungement of biologic aesthetics accompanying to marijuana, and accretion the minimum wage. The North Dakota election action would aish marijuana from the state’s agenda 1 listing. The action would amerce a minor’s control of marijuana in the aforementioned address as a minor’s control of alcohol. It would ogously alter the amends for administration of marijuana to individuals beneath the age of 21 to accommodate with the abuse for auction of booze to a minor. Finally, the action would crave that annal of accompaniment biologic aesthetics accompanying to marijuana control be expunged and sealed.

Missouri accustomed two election initiatives (available here, and here) that would alter the accompaniment architecture to board for the use and administration of medical marijuana. Both initiatives would accredit the prescription, sale, and ysis use of medical marijuana for patients diagnosed with assertive medical conditions, including cancer, epilepsy, and any terminal illness. Both measures actualize agnate licensing, taxation, and advertisement requirements on medical marijuana providers. The aberration amid the two is that one action (2018-041) would actualize the Biomedical Analysis and Biologic Development Institute (Institute) to ysis cures for anon cureless diseases.

Missouri has accustomed addition election action that would access the minimum allowance to $8.60 an hour on January 1, 2019, or the prevailing federal minimum allowance for jobs in artery commerce, whichever is higher. The minimum allowance would again be added by $0.85 per hour on January 1 of anniversary of the afterward four years, extensive $12.00 on January 1, 2023. Subsequent anniversary adjustments would be based on increases or decreases to the bulk of living.

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What’s Next?

As abounding accompaniment legislatures are closing their doors, we will accumulate a aing eye on California, as the September 30th borderline for Governor Brown to assurance legislation looms. We will abide to adviser aldermanic and authoritative movements at the accompaniment and bounded levels, and address on any cogent developments.

Footnotes

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