X
GO
Legislative Updates provided by Underberg & Kessler LLP

Get Aggregated RSS

Paid Family Leave 2019 Update

Friday, September 07, 2018

Employees will pay more of their paycheck towards the Paid Family Leave benefit program in 2019 - 0.153% of gross wages up to a yearly maximum of $107.97 (up from 0.126%/$85.56 in 2018). Moreover, as per the original provisions of the Paid Family Leave law, employees will be permitted to take up to 10 weeks of paid family leave in 2019, and receive 55% of their average weekly wage, up to a maximum of $746.41.  

Deadline for New Sexual Harassment Prevention Requirements Fast Approaching

Tuesday, August 28, 2018

In April, we wrote about new steps New York State is taking to prevent harassment in the workplace, including requiring New York employers to comply with policy and training requirements.

Lululemon Employees Likely to be Conditionally Certified for Allegations of Unpaid Wages

Thursday, August 16, 2018

Earlier this month, a New York Federal Court magistrate recommended conditional certification of a class of Lululemon employees who allege they were expected to take yoga classes at studios to promote Lululemon apparel, and perform other work related tasks off the clock.  Lululemon paid the fee for the classes but did not pay the employees to attend, calling it “community work.”  The employees allege they spent approximately five hours each week in fitness classes and another five hours per week performing other tasks.

Court Holds that USC Cannot Force Employees/Investors in its Retirement Plan to Arbitrate their Breach of Fiduciary Duties Claims

Monday, August 06, 2018

Employers with retirement plans subject to the Employee Retirement Income Security Act (ERISA) often seek to reduce their potential class action liability for breach of fiduciary duty claims by including mandatory arbitration clauses in employment agreements. University of Southern California (USC) workers challenged the school's management of its plans in federal court several years ago, despite the arbitration clauses in their agreement.

Changes to Taylor Law

Friday, July 27, 2018

This year, Governor Cuomo signed a law making changes to the Taylor Law to strengthen public unions.  The Taylor Law, officially the Public Employees Fair Employment Act, defines the rights and limitations for public employees in New York.  The major changes to the existing law include the following:

Arbitration Agreements as a Condition of Employment are Enforceable

Monday, July 16, 2018

The US Supreme Court recently upheld mandatory arbitration clauses in employment contracts that waived an employee’s right to bring class or collective actions.

NON-UNION PUBLIC PROFILE EMPLOYEES NO LONGER CAN BE FORCED TO PAY UNION AGENCY FEES

Tuesday, July 10, 2018

For approximately 40 years, public sector employee unions could collect union “agency fees” from the paychecks of even those employees who chose not to join the union.  The premise was that even non-members benefitted from the contracts the unions negotiated with public entities, so should have to pay at least something for that benefit.  Many of the non-member employees objected because the unions at times took positions on political or other issues with which they disagreed, but were forced to pay to support.  The U.S.

Bereavement Leave Likely to Be Added to NY Paid Family Leave

Tuesday, June 26, 2018

The NYS Legislature has passed a bill which would add bereavement leave to the list of permissible reasons to take paid family leave.  The bill would allow employees to use paid family leave after the death of a family member.  It would also allow those who have already been using paid family leave to care for a family member to use any remaining time for bereavement.

New Guidance for Handbooks from NLRB

Monday, June 18, 2018

Earlier this month, the NLRB issued a guidance on employee handbook rules, which follows its landmark decision in The Boeing Company last December.  The Boeing case established a new standard when evaluating whether a work rule violates the law, and focused on the negative impact on the employees’ ability to exercise their rights and the policy’s connection to the employer’s right to maintain discipline and productivity in the workplace.  The guidance signals that the new General Counsel will take a more employer friendly approach than the Obama NLRB did in interpreting federal la

U.S. Supreme Court Ruling in Favor of Baker Refusing to Create Cake for Same-Sex Couple Does Not Change Law for Employers

Friday, June 08, 2018

In a narrow recent Decision, the U.S. Supreme Court held that the Colorado Civil Rights Commission illegally found against a baker who claimed his religious beliefs prevented him from creating a wedding cake for a same-sex couple.   The key was that the Commission allowed other bakers to refuse to create cakes that demeaned gays and same-sex marriages.

Governmental Affairs
26

Please e-mail your U.S. Senators and urge them to support the Employment Verification Amendment!

The Senate is currently considering its immigration reform proposal, the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). SHRM and our strategic affiliate, the American Council on International Personnel (ACIP), are actively engaged on behalf of the HR profession in advocating for changes to the bill.  Senators Rob Portman (R-Ohio) and Jon Tester (D-Mont.) have introduced an amendment (SA 1634), supported by SHRM and ACIP that would strengthen the employment verification system, along with streamlining its efficiency, while importantly reducing the risk of identity theft.  Read Senator Portman’s press release regarding SA 1634 HERE. SHRM and ACIP have worked with Sens. Portman and Tester to develop the proposed amendment language.

Specifically, the Portman -Tester amendment would make the following changes to the current employment verification process:

  • Creates a fully electronic verification system that integrates the paper-based Form I-9 into the E-Verify system and moves toward a more secure system that authenticates identity and verifies employment eligibility providing better certainty that the person being hired is authorized to work in the U.S.
  • Provides employers with a voluntary option, to use a Knowledge - Based Authentication system if they use it for 100 percent of their new hires to assure the highest level of certainty, significantly improving the prevention of identity theft in the employment verification process.
  • Strengthens the safe harbor for employers using E-verify for employment decisions made on the basis of information generated from the system.

SHRM and ACIP support the Portman -Tester amendment and we believe this new approach to identity authentication is critical to the creation of a 21st century verification system that eliminates paper-based recordkeeping and moves toward a fully electronic, secure system to better authenticate identity and verify employment eligibility.

As the Senate considers comprehensive immigration reform this is an opportunity for employers and HR professionals to have their voice heard in helping to shape effective workplace policy.

The Senate is considering amendments to S. 744 TODAY AND TOMORROW (June 26 and 27).  It is critically important that both employers and HR professionals express support for the Portman -Tester amendment. 

Contact Your Senators in Support of the Portman-Tester Amendment TODAY:
Write your Senators using SHRM’s HRVoice program, follow these steps:

1.    Log onto the SHRM Advocacy Action Center by clicking HERE

2.    Personalize your message with your own story

3.    Include your home mailing address.

Should you have any questions regarding S. 744 and the Portman -Tester amendment, you may contact Mike Aitken, vice president, Government Affairs at SHRM at Mike.Aitken@shrm.org  or Rebecca Peters, Director and Counsel for Legislative Affairs at ACIP at Rebecca_peters@acip.com.

Post Rating

Comments

There are currently no comments, be the first to post one!

Post Comment

Only registered users may post comments.