August Law Alerts

Illinois Employment Law Alerts: August 2019

Posted on August 12, 2019September 11, 2019 by try HRIS

Illinois was subject to two employment law changes in August 2019. The first law change is in regards to the Equal Pay Act and includes the Salary History Ban, mirroring New York’s law change a few days prior.

The second law alert is in regards to Healthcare Workers Background Check Act Work Force Intermediaries and Organizations providing pro bono legal services..

tryHRIS’s membership includes the Regulatory Compliance Database, which alerts you the moment Federal & State laws, regulations or requirements change.

Download a PDF of these Law Alerts.

IL Employment Law Alert 1: Equal Pay Act & Salary History Ban

On July 31, 2019, Illinois Governor J.B. Pritzker signed legislation amending the state’s Equal Pay Act (IL H.B. 834) where a wage differential is permitted based on any factor other than one that would be unlawful discrimination under the Illinois Human Rights Act.

However, this factor:

May not be based on or derived from a differential in compensation based on sex or another protected characteristic;
Must be job-related with respect to the position and consistent with a business necessity; and
Must account for the differential.

The law also makes it unlawful for employers to:

Require that employees sign a contract or waiver prohibiting discussion or disclosure of their wages, including information about their salary, benefits, or other compensation. Employers may prohibit certain employees from disclosing information about other employees without prior written consent from the employee whose information is sought or requested.
Screen applicants based on their current or prior wages or salary histories, including benefits or other compensation, by requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria.
Request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, or as a condition of an offer of employment or an offer of compensation.
Request or require that an applicant disclose wage or salary history as a condition of employment.
Seek the wage or salary history, including benefits or other compensation, of an applicant from any current or former employer, unless:
- The applicant’s wage or salary history is a matter of public record; or
- The applicant is a current employee and is applying for a position with the current employer.

The law permits employers to provide information about the wages, benefits, compensation, or salary offered in relation to a position and engage in discussions with an applicant about wage or salary, benefits, and other compensation expectations. Additionally, an employer is not in violation of the law and its protections if an applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosure as a factor in determining whether to extend a job offer, in making a compensation offer, or in determining future wages, salary, benefits, or other compensation.

The law is effective August 29, 2019.

Read IL H.B. 834

IL Employment Law Alert 2: Healthcare Worker Background Check Act and Workforce Intermediaries

On July 31, 2019, Illinois Governor J.B. Pritzker signed legislation (S.B. 1965) permitting workforce intermediaries and organizations providing pro bono legal services to initiate a fingerprint-based criminal history record check if a conditional offer of employment has not been made and a background check has not been previously conducted for an individual who has a disqualifying conviction and is receiving services from such organizations.

Workforce Intermediaries are organizations that function to provide job training and employment services and include institutions of higher education, faith-based and community organizations, and workforce investment boards.

Organizations providing pro bono legal services are those providing legal services at no cost or at a significantly reduced cost to the recipient. These services are designed to help individuals overcome statutory barriers that would prevent them from entering positions in the healthcare industry.

The law took effect July 31, 2019.

Read IL S.B. 1965

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California Law Alerts: August 2019

Posted on August 12, 2019September 18, 2019 by try HRIS

California Occupational Safety and Health Board adopted an emergency regulation for California Employers that took effect July 29, 2019.

tryHRIS’s membership includes the Regulatory Compliance Database, which alerts you the moment Federal & State laws, regulations or requirements change, keeping you informed.

Download a PDF of this Law Alert for record.

California August Law Alert: Outdoor Workers and Protection from Wildfire Smoke

This emergency legislation adds protections for outdoor workers exposed to wildfire smoke.

On July 18, 2019, the California Occupational Safety and Health Board adopted an emergency regulation to add protections for outdoor workers exposed to wildfire smoke. Specifically, the regulation requires that employers check the Air Quality Index (AQI) and forecasts, before each shift and periodically thereafter, for workplaces where:

The current AQI for PM2.5 is 151 or greater, regardless of the AQI for other pollutants; and
The employer should reasonably anticipate that employees may be exposed to wildfire smoke.

The regulation also contains mandatory employer-provided training and instruction requirements for employees to protect against wildfire smoke, along with employee rights. For example, employers must:

Allow employees who show signs of injury or illness due to wildfire smoke exposure to seek medical treatment and not punish affected employees for seeking such treatment.
Have effective provisions made in advance for prompt medical treatment of employees in the event of serious injury or illness caused by wildfire smoke exposure.

The regulations took effect on July 29, 2019 and expire on January 18, 2020.

Read the regulation.

If you have questions regarding these law alerts or other HR related issues, our advisors can help your company navigate every new change, requirement, legislation, law and regulation. Give us a call to see how we can help streamline HR for professionals or office managers.

Additional California Employment Law Alerts

July Law Alerts for California

September Law Alerts for California

New York Law Alert: August 2019

Posted on August 12, 2019June 22, 2022 by try HRIS

The month of August brought about four Law Alerts, further defining protections and legislation. New York Governor, Andrew Cuomo, signed legislations with further stipulations regarding Discrimination.

tryHRIS’s membership has an exclusive Regulatory Compliance Database, which alerts you the moment Federal & State laws, regulations or requirements change.

Download the full details of this Law Alert Here.

NY Law Alert: Discrimination Against Victims of Domestic Violence

On August 20, 2019, New York Governor Andrew Cuomo signed legislation (NY S.B. 1040) revising the state law from January 10, 2019. This revision adds the status as a victim of domestic violence to the protected classes under the state’s Human Rights Law and thereby prohibiting employers from discriminating against victims of domestic violence. Specifically, it is an unlawful discriminatory practice for an employer, because of any individual’s status as a victim of domestic violence, to:

Refuse to hire, employ, or license;
Bar or discharge from employment; or
Discriminate against in compensation or in terms, conditions, or privileges of employment.

The law includes prohibitions against inquiring, generally or within a job application, about an individual’s status as a victim of domestic violence, reasonable accommodation protections, notice requirements, certification provisions, and informational confidentiality.

The law is effective November 18, 2019.

NY Law Update: Increased Anti-Discrimination Protections

On August 12, 2019, New York Governor Andrew Cuomo signed legislation (A.B. 8421) increasing protections under the state’s anti-discrimination law as follows:

Effective August 12, 2019: every employer must provide employees, in writing in English and in the language identified by each employee as their primary language, at the time of hire and at every annual sexual harassment prevention training provided, a notice containing the employer’s sexual harassment prevention policy and the information presented its sexual harassment prevention training program.
Effective October 11, 2019:
- A private employer is defined as any person, company, corporation, labor organization, or association.
- Mandatory arbitration clauses related to discrimination are prohibited and nondisclosure agreements related to discrimination are prohibited. Any nondisclosure agreement entered into on or after January 1, 2020 that prevents the disclosure of factual information related to any future claim of discrimination is void and unenforceable unless it notifies the employee or potential employee that it does not prohibit them from speaking with law enforcement, the federal Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney.

The state’s harassment provisions are expanded as follows:

It is unlawful for an employer to subject any individual to harassment because of their age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status (protected status), for opposing illegal behavior, or for filing a complaint, regardless of whether the harassment would be considered severe or pervasive under precedent applied to harassment claims. Domestic workers are afforded these protections as well.
Such harassment is an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions, or privileges of employment because of the individual’s membership in one or more of those protected categories. Unlawful discriminatory practices relating to non-employees are expanded, as well, as opposed to only protecting non-employees against sexual harassment.
The fact that the individual did not complain about the harassment to the employer is not determinative of whether the employer is liable.
An employee is not required to demonstrate the existence of an individual to whom the employee’s treatment must be compared.
It is an affirmative defense to liability that the harassing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences.

Effective February 8, 2020, the state’s Human Rights Law (at N.Y. Exec. Law § 292) extends its coverage to all employers within the state, as opposed to excluding those with fewer than four employees.

Effective August 12, 2020, complaints of sexual harassment in employment must be filed within three years after the alleged unlawful discriminatory practice.

Read NY A.B. 8421

New York Law Update: Discrimination Against Religious Attire

On August 9, 2019, New York Governor Andrew Cuomo signed legislation (A.B. 4204) prohibiting employers from discriminating against any person based on their attire, clothing, or facial hair that is worn in accordance with their religion’s requirements.

The law is effective October 8, 2019.

Read NY A.B. 4204

New York Law Alert: Discrimination Penalties

On July 29, 2019, New York Governor Andrew Cuomo signed legislation (S.B. 5791) amending N.Y. Lab. Law § 215 (penalties and civil action; prohibited retaliation) to add discrimination or retaliation against immigrant employees within the penalty provisions. Specifically, the law adds that to threaten, penalize, or in any other manner discriminate or retaliate against any employee includes both:

Threatening to contact (or contacting) U.S. immigration authorities; and
Otherwise reporting (or threatening to report) an employee’s suspected citizenship, immigration status, or that of an employee’s family or household member to a federal, state, or local agency.

The law is effective October 27, 2019.

Read NY S.B. 5791

If you have questions about this newest law alert or other HR issues, our advisors can help your company navigate every new change, requirement, legislation, law and regulation. Give us a call to see how we can help streamline HR for professionals and office managers alike.

Texas Law Alerts: August 2019

Posted on August 12, 2019September 12, 2019 by try HRIS

Texas Governor, Greg Abbott, signed two pieces of legislation that will both go into effect in the next few months.

These law changes regard Data Breach Disclosures and Immunity for Disclosure for those within Charitable Organizations barring specifications.

tryHRIS’s membership includes the Regulatory Compliance Database, which alerts you the moment Federal & State laws, regulations or requirements change, keeping you informed.

Download details of Texas Law Alerts for August.

Law Alert: Data Breach Update

This legislation requires anyone conducting business in Texas in regards to computerized data that includes personal information notification of any breach be made without delay and within 60 days of discovery.

On June 14, 2019, Texas Governor Greg Abbott signed legislation (H.B. 4390) amending the state’s data breach law by requiring that, when any data breach disclosure is made by a person who conducts business in Texas who owns or licenses computerized data that includes sensitive personal information, notification be made without unreasonable delay and no later than 60 days after its discovery. Disclosure must also be made to the Attorney General within 60 days if the breach involves at least 250 Texas residents.

Disclosure must include:

A detailed description of the breach’s nature and circumstances or the use of sensitive personal information acquired as a result;
The number of Texas residents affected by the breach at the time of notification;
The measures taken regarding the breach and any measures that will be taken after the Attorney General is notified; and
Whether law enforcement is investigating the breach.

The law is effective January 1, 2020.

Read TX H.B. 4390

Law Alert: Immunity For Disclosure

On June 10, 2019, Texas Governor Greg Abbott signed legislation (H.B. 4345) granting charitable organizations, or an employee, volunteer, or independent contractor (employee) of a charitable organization, when acting in good faith, immunity from civil liability for disclosure to a current or prospective employer about a former employee when the information is reasonably believed to be true and involves an allegation that while employed, the employee:

Engaged in sexual misconduct;
Sexually abused another individual;
Sexually harassed another individual; or
Committed the crime of sex trafficking of persons, continuous tracking of persons, aggravated sexual assault, or public indecency.

This immunity from civil liability only applies to allegations that were reported to the appropriate agency at the time of disclosure. Additionally, an individual is not immune from civil or criminal liability for disclosing their such own conduct or acting in bad faith or with a malicious purpose in making a disclosure.

The law is effective September 1, 2019.

Read TX H.B. 4345

If you find you have more questions about these law alerts than answers the above links provide, our advisors can help your company navigate every new change, requirement, legislation, law and regulation. Give us a call to see how we can help streamline HR for professionals or office managers.

Tag: August Law Alerts