Employment law is ever changing. We’ve assembled a good list of changes for 2019. Take a moment to make sure you’re up-to-speed on the changes in your state.
California Anti-Sexual Harassment Law Overview
California now provides even greater protections against harassment to several individuals coming into the workplace. This includes not just protections against sexual harassment, but also harassment based on any characteristic: applicants, employees, unpaid interns, volunteers (including Boards of Directors), and contractors.
A new law that took effect on January 1, 2019, requires virtually all California employers to provide sexual harassment prevention training to all employees. Specifically, by January 1, 2020, employers with five or more employees must provide one hour of sexual harassment prevention training to nonsupervisory employees and two hours of such training to supervisors. To comply with the January 1, 2020 deadline, all employees must be trained during the 2019 calendar year. Employees who were trained in 2018 or before will need to be retrained. This new requirement reflects an expansion of the prior harassment training law that has been in place for over a decade, which requires employers with 50 or more employees to provide sexual harassment prevention training to supervisors in California.
New York Anti-Sexual Harassment Law Overview
The deadline for employers to complete the initial sexual harassment prevention training has been extended to October 9, 2019 (it was January 1, 2019).
Training now includes part-time, seasonal, and temporary workers. It also includes all workers, regardless of immigration status. Only employees who work or will work in the state need to be trained. Employees who are based in another state but work in New York for a portion of the time must receive training.
The definition of sexual harassment now includes “self-identified or perceived sex” along with sex, sexual orientation, gender expression, gender identity and the status of being transgender. Sex stereotyping is now included in the examples of sexual harassment.
Revised White Collar Pay Standards Update
Employers may not have to wait too much longer to see how much the U.S. Department of Labor will increase the minimum salary for executive, administrative, or professional employees must receive to be considered exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements. However, there is a delay because the proposal must still be reviewed by the White House Office of Management and Budget before it’s approved.
It’s our understanding that waiting for this decision has become frustrating for Washington State and Pennsylvania that are waiting for their states’ labor departments to present, and progress, their pay change proposals.
You can find additional employment law changes here. This list was compiled by our friends at Littler Mendelson.
(This information is an overview of some of the changes regarding employment laws that need to be adhered to. For further information, please call the HR Hotline, 1-800-358-2163, or email, firstname.lastname@example.org.)