Tag Archives: Rhode Island

With A New Year Comes New Rules! Here’s Your State Employment Law Update

Contributed by Heather Bailey

California: Effective January 1, 2015, the required paid for rest periods are considered “hours worked” by the employee, and, consequently, are not subject to wage deductions by the employer.  (California also has special requirements for making any deductions from their paychecks that you should be aware of before making any).

Colorado: Minimum wage rose to $8.23 per hour on January 1 

Connecticut: As of the first of the year, CT’s minimum wage went to $9.15 per hour.  Are you aware there is a paid sick leave law in CT?  If not, be sure to contact your employment counsel or the blog author as some changes were made beginning January 1st.

DCAs of December 17, 2014, employers cannot ask applicants certain information about their criminal backgrounds and any rescinding of a conditional offer of employment must be backed up with a legitimate business reason.  Moreover, employers are required to reasonably accommodate pregnant women when their workload is affected by pregnancy, child birth and child-related medical conditions (i.e., breast feeding).

Massachusetts:  Effective January 1, minimum wage increased to $9 per hour.  July 1, 2015, employers with 11 or more employees will be required to offer up to 40 hours of paid sick leave to employees.

MarylandMaryland’s minimum wage rose to $8.00 as of January 1st.

Missouri: Effective January 1, all equal-priority garnishments should now be prioritized by date of receipt.

New Jersey: NJ joined the other states starting March 1, 2015 to “Ban the Box” and prohibits job advertisements from stating only those without a criminal past can apply.

New York Effective December 31st this past year, minimum wage increased for NY to $8.75 per hour.  Effective immediately, employers will not be required to notify their employees in writing by February 1 about pay rates, pay days, etc. and get signed acceptance.  Employers do still need to abide by their obligation to notify employees of the same at time of hire.

Ohio:  Ohio has now given employers the ability to seek out protective orders when dealing with employees’ stalker or menacing issues when the conduct is directed at the employer.

Rhode Island: Your minimum wage increased to $9 an hour beginning this month.

Vermont: Your minimum wage increased to $9.15 an hour beginning this month.

Please keep in mind that the majority of states increased their minimum wages and you should contact your employment labor counsel or the blog author to confirm you are in compliance.

A LOT Is Happening In Your State Employment Laws!

Contributed by Heather Bailey

ArizonaMinimum wage raises to $7.90 per hour on January 1, 2014.

CaliforniaEffective January 1, 2014, employers may no longer ask applicants or employees about any sealed conviction records, unless they get the individual’s consent first to use. Generally, it is best to stay away from any such sealed records when making any employment determinations.  Also effective this same date, employers may not discriminate against veterans or those with a military status.

Moreover, computer software employees are now exempt from overtime if they make at least $40.38 per hour and their annual salary is at least $84,130.53.  As always, you want to make sure these employees are also considered exempt under the FLSA as well.  If they are not, then they remain non-exempt.

Minimum wage = $9.00 per hour effective July 1, 2014 and $10 effective January 1, 2016.

ColoradoLooks as if Minimum Wage Order 30 will be approved, raising minimum wage to $8.00 per hour and to $4.98 for tipped employees effective January 1, 2014.  Stay tuned.

FloridaMinimum wage is increased to $7.93 per hour and $4.91 for tipped employees on January 1, 2014.

Illinois:  Effective January 1, 2014, medical marijuana becomes legal for certain uses – but as employers, you don’t necessarily have to accommodate employees for this use.

Montana:  Minimum wage = $7.90 starting January 1, 2014.

New Jersey:  As of October 21, NJ now recognizes the marital status of those employees and applicants who have entered into same-sex marriages.  Also, it is pretty much a done deal that minimum wage is going to $8.25 per hour effective January 1, 2014, with yearly cost-of-living increases, once the unofficial election votes are made official.

New YorkHaving payroll problems with paying employees too much and want to recoup that money?  In NY, you can do so now.  These regulations have changed for reimbursement and should be consulted when making such pay back deductions.

OhioOH’s minimum wage reaches $7.95 per hour and $3.98 for tipped employees on January 1, 2014.

OregonEmployees’ and applicants’ marital status of same-sex marriages from other jurisdictions will now be recognized effective October 16.

Rhode IslandEffective July 15, 2014, employers can no longer be liable to employees or applicants for civil damages, demands or claims when the employer relies upon a criminal background check when making an employment decision based upon a conviction.

VermontVT’s minimum wage is going to $8.73 per hour and $4.23 for tipped employees on January 1 2014.

Washington:  Minimum wage increase to $9.32 an hour as of January 1, 2014 as well.

Multi-State Employers: It’s Time for Your State L&E Update!

Contributed by Heather Bailey

ColoradoEmployees must be allowed to take FMLA leave for their domestic partner or civil union partner who has a serious health condition.

Connecticut: Here, homeless applicants and employees are now a protected class from discrimination.  Effective January 1, 2014, minimum wage increases to $8.70 per hour and to $9 on January 1, 2015.

Illinois: Employers can now stop reporting projected monthly wages on the new-hire reports.

Maryland:  Effective October 1, 2013, employers have a new posting requirement for tipped employees stating that employer cannot require tipped employees to reimburse employer for unpaid customer charges.  If an employer does not offer health insurance, employees’ minimum wages are $8.25 per hour.

NevadaNevada has become the next state prohibiting employers from compelling employees to give up their personal social media account log-ins and passwords, effective October 1, 2013.

New Hampshire: Effective August 24, 2013, employers cannot ask applicants and employees regarding certain annulled records, as well as, medical marijuana is now legal but employers may not need to accommodate this (be prepared on how you handle this in the workplace).

New YorkMinimum wage increase to $8 an hour on December 31, 2013, to $8.75 on December 31, 2014 and $9 on December 31, 2015.

Rhode IslandMinimum wage rises to $8 per hour on January 1, 2014, as well as, same-sex marriages and civil unions from other jurisdictions are now recognized.

State laws change every day.  Make sure you are aware of them all for the states in which you have employees!

Multi-State Employers: It’s Time For Your State L&E Update!

Contributed by Heather Bailey

California:  Effective January 2013, in governmental cost cutting efforts, the California Fair Employment and Housing Commission will be eliminated and the employment regulatory functions will be handled by the Fair Employment and Housing Council, which should prove to be interesting.

Louisiana: Beginning in August, employers may not discriminate against those employees who lawfully participate in working with law enforcement when reporting co-workers’ sexual abuse of minors.

MarylandEmployers, effective October 1, employers cannot ask employees for their personal user name and passwords for personal social media accounts, electronic devices, etc., nor can you retaliate if they refuse to comply with that request.  

Rhode Island: It is now illegal to discriminate against those applicants or employees who are homeless and seeking or maintaining employment because such individuals lack a permanent mailing address or because their mailing address is for a shelter or social service provider.  Penalties can include paying for actual damages, attorneys’ fees and costs.

Minimum Wage increases to $7.75 per hour on January 1, 2013.

South CarolinaIn June, SC joined the ranks of a right-to-work state whereby employees – with their employers’ permission – can post SC’s right-to-work notice in a conspicuous place. 

Tennessee:  Employers can now post right-to-work notices. 

ALERT – Many States Are Enacting Their Own Versions Of The Following:

  • New Hire Procedures: Many states are updating and amending what employers need to report when hiring new employees (e.g., in Illinois, employers must now report new hires’ anticipated monthly wages).  Know your state’s requirements!
  • Health Continuation Coverage for Small Employers: Many states are now requiring that smaller employers must give continuation coverage for health insurance in certain circumstances, such as when a covered employee passes away.  It is best to confirm whether your size company has obligations as COBRA may not be your only benchmark anymore.  
  • Using Handheld Devices While Driving: Lastly, many states are taking a stance on talking and texting on cell phones – especially while driving for work purposes.  You need to know what to do when your employee gets the ticket because sometimes the employer could be left paying the bill.  Having a solid cell phone policy in place is a plus to reducing such liability.