18 States Consider Limits on Use of Credit Reports in Screening

March 30th, 2011 Posted by Amelia

, and recently joined 15 states that are considering limits to employers’ use of credit reports in and other employment decisions.

 

Similar bills are being considered by state legislatures in California, Georgia, Connecticut, Indiana, , Kentucky, Missouri, New Jersey, Nebraska, New York, New Mexico, Ohio, Texas, Pennsylvania and Vermont. Check back frequently for the latest updates on those bills.

 

By contrast, New Jersey is currently considering a that would allow employers to share an employee’s or former employee’s credit history, work evaluations and other information in the personnel file with prospective employers or government agencies.

 

In the last three years Washington, , and Illinois have passed laws limiting the use of credit reports in hiring. A similar bill failed to pass in Colorado.

 

In most of these states, the limits to an employer’s use of credit checks apply to all employment decisions. However, the Florida and Michigan bills would only restrict use of credit history in hiring. An employer could still use a for employment decisions regarding current employees.

 

In Florida, Senate Bill 1562 would make use of credit scores an “improper employment practice” unless (more…)

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California Arbitration Update

March 25th, 2011 Posted by Jolie

courts continue to limit employers’ use of agreements. This time, the Fourth Appellate District Court has determined that the new limits on agreements with employees also apply to independent contractors.

 

A previous California ruling in  Armendariz v. Foundation Health Psychcare established that an arbitration with an is only enforceable if it is mutual and does not require employees to waive rights they have under state . Previously, many employers believed waiver of rights was the main purpose of an arbitration agreement.  

 

The Supreme Court ruled that the employer’s “take it or leave it” attitude toward the items in the arbitration agreement made it invalid. Employees must be permitted to negotiate items in the arbitration agreement individually, without it affecting the job offer.

 

In order to be enforceable, a California arbitration agreement must provide for :

 

·         A neutral arbitrator (more…)

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New Maryland Break Law

March 23rd, 2011 Posted by Cara

The Maryland Healthy Retail Employee Act is the state’s first requiring meal and rest breaks for workers in certain occupations. The went into effect on March 1, 2011 and covers stores with 50 or more workers. It does not cover restaurants or wholesale dealers. The also excludes mail-order or Internet sales businesses when more than 50% of sales occur without the customer physically present in the store.

 

Under the new law, employees are entitled to a 30-minute on a shift of 6 consecutive hours or more. This can be unpaid, but employees must be relieved of all work duties.

 

The law also requires shorter 15-minute breaks under some conditions. A Maryland retail who works a shift of 4 to 6 hours is entitled to a non-working break of at least 15 minutes, but is not entitled to a 30-minute break.

 

An employee who works 8 or more hours must be given the 30-minute break plus a non-working break of 15 minutes for every four additional consecutive hours. For example, an employee who works 16 consecutive hours must be given the 30-minute break, plus two 15-minute non-working breaks.

 

Under the federal FLSA, employees are entitled to payment for any break that is less than 20 minutes, so the 15-minute breaks must be paid.

 

Corporate employees or office employees who do not work on the sales floor are not included in the total number of employees. A company that had 49 sales clerks and one office manager would not be covered by the law. However, stores that have several locations must count all the employees in the state to determine if they have 50 retail employees.

 

The new break law is enforced by the Maryland Department of Labor, Licensing and Regulation or DLLR, with fines starting at $300 per employee.

 

There are two exceptions under the new Maryland : (more…)

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California May Expand Employee Rights

March 18th, 2011 Posted by Amelia

The California legislature is considering several bills that would impact employers, including a increase and extension of family leave rights. Another bill would protect employees who smoke medical marijuana.

 

The California Assembly is considering AB 10, a bill that would increase the state minimum wage from $8.00 to $8.50 per hour. Even more importantly, the bill includes a provision to increase the minimum wage each year based on inflation.

 

Currently at $8.00 per hour, the California minimum wage is tied with Massachusetts for the seventh highest in the nation, after , , Connecticut, Illinois, Nevada and Vermont. About a dozen states have annual cost-of-living increases to the minimum wage, including , Arizona and Colorado.  

 

Expanded Family Leave

A bill before the Assembly would expand the California Family Rights Act or to allow employees to take unpaid, job-protected leave in many more situations.

 

If passed, the expanded CFRA would permit employees to take time off to care for an adult son or daughter, a mother- or father-in-, grandparent, sister or brother, grandson or granddaughter, or a domestic partner with a serious health condition.

 

The federal was modeled after the CFRA, one of four current California family rights laws. Currently both and CFRA permit an to take time off to (more…)

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Hawaii Legalizes Civil Unions

March 16th, 2011 Posted by Derrick

has become the seventh state to recognize civil unions between same-sex partners, just one month after a similar law was signed in Illinois.

 

The Hawaii Civil , signed by Governor Neil Abercrombie on February 23, 2011 goes into effect on January 1, 2012. It permits same-sex or opposite-sex couples to enter into civil unions. The Hawaii Civil Unions provide many of the same as marriage under state law, although they are not recognized by federal law.

 

Hawaii joins Illinois, , Nevada, New Jersey, and in offering civil unions to same-sex couples. Wisconsin has a domestic law that confers some benefits.

 

Although specifics on the bill are sketchy, it appears that employers will have to extend the same benefits to civil partners as to spouses of employees in Hawaii.

 

Currently same-sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia. California recognizes (more…)

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