Friday, December 21, 2012

The following state Labor Law Posters have been released with Major changes:
Colorado - Major change to Minimum Wage posting
Oregon - Major change to Minimum Wage posting
California - Major changes to Notice A, Notice B, Discrimination & Harassment posting, and Notice to Employees
Washington - Major changes to Minimum Wage, Workers' Compensation,  Job Safety & Health, and Worker Rights
Ohio - Major change to Minimum Wage posting

Also the following state posters have been released and include any Minor changes for 2013:
Wisconsin
Michigan
Utah 
Virginia
Georgia
New Mexico
New Hampshire

The following state posters have been released for 2013 and did not have any changes:
North Carolina
Washington DC

Remember that the Major changes reflect a posting or postings that have required mandatory information that changed for 2013 that requires employers to post new, updated posters.  The minor changes are usually contact information, or other changes that do not reflect a law change.  Major and Minor changes are incorporated to the 2013 Labor Law Posters put forth by National Safety Compliance.

More state Labor Law Posters for 2013 will be released shortly.

Wednesday, December 19, 2012

More state Labor Law Posters released for 2013

The following state Labor Law Posters have been released with Major changes:
Texas was released with the Workers' Compensation change(s)
Vermont was released with the new Minimum Wage posting
Rhode Island was released with the new Minimum Wage posting
Montana was released with the new Minimum Wage posting

Also the following state posters have been released and include any Minor changes for 2013:
Massachussettes
Connecticut
Maryland
West Virginia
New Jersey
Nevada

The following state posters have been released for 2013 and did not have any changes:
New York
Pennsylvania
Wyoming

Remember that the Major changes reflect a posting or postings that have required mandatory information that changed for 2013 that requires employers to post new, updated posters.  The minor changes are usually contact information, or other changes that do not reflect a law change.  Major and Minor changes are incorporated to the 2013 Labor Law Posters put forth by National Safety Compliance.

More state Labor Law Posters for 2013 will be released shortly.

Tuesday, December 11, 2012

2013 Labor Law Posters Released

The time has finally come.  National Safety Compliance has started releasing state posters to be shipped.  They have started with Florida and Arizona, which both have a Major change to the Minimum Wage postings.  This requires anyone in Florida or Arizona to ensure they are posting the new Minimum Wage poster effective January 1, 2013.  For more details regarding what is also required for these states, visit florida.laborlawposter.us or arizona.laborlawposter.us

Also to be released was Idaho and Delaware.  Neither of these states had any changes for 2013 to mandate a new poster for companies in these states.

Alaska, Hawaii and Maine have also been released for 2013 with Minor changes.  These Minor changes to not mandate a change of posters, for those who currently display the 2012 labor law posters.  If you are in need of some additional posters, this would be a great time to purchase, since they would be the most up-to-date accurate posters.

Check back soon for additional posters that will be released.

Friday, November 30, 2012

States to be released

As we approach December, National Safety Compliance will be releasing 2013 labor law posters as they are released from the different government agencies.  National Safety Compliance releases posters based on a couple different criteria including geographic location of the state, significance of change(s), and also quantity of posters already ordered.  This criteria is also dependent on whether the agency has released the new changed posting.

This early in the Labor Law "Season" we expect California and Oregon to possibly be a late release. Neither state has released the changed posting, and they are both 4 business days in shipping transit from Springfield, MO.  We still anticipate these posters along with the others to be delivered by January 1, 2013.  The only exception to the January delivery date is Louisiana.  They always release the EIC posting lat January because it is dependent on data from the previous year.

Stay tuned for continual updates to the 2013 Labor Law Poster releases.

Thursday, November 15, 2012

Labor Law Posters on Hold Status

National Safety Compliance has officially placed all Labor Law Posters on hold to ensure the capture of any changes for January 2013.  As noted previously, we are aware of 13 different states that already have released Major changes for January 1, 2013.  In addition to these states, legistlation is still possibly in session and changes may arise.

In addition to placing all Labor Law Posters on hold, National Safety Compliance has now developed a subscription program at a very reasonable rate.  This is to provide customers with the most accurate complete state & Federal posters and to provide the ease of compliance for a 1 year period, 2 year period or 3 year period.  For more information please visit Labor Law Poster Subscription Details page.

Please follow us here at blog.laborlawposter.us to ensure you are up-to-date with all the labor law changes for 2013.

Friday, November 9, 2012

Major Changes 2013: California, New Jersey, Texas

In addition to Minimum Wage changes in the 10 states mentioned in my previous post, there are expected to be Major Changes for 2013 to other postings and states.  The following are 3 different states expected to have Major Changes for 2013:

California - Changes to the Discrimination and Harassment Poster
New Jersey - Gender Equity posting, update for employers with 50 or more employees
Texas - Workers' Compensation postings

National Safety Compliance continues to monitor all the state and federal mandated posters for employers, to ensure their customers receive the most comprehensive posters to comply with federal and state laws.

We will continue to update this blog to ensure you are kept "in the loop" regarding any changes to the federal posting requirements and your state required postings.

Tuesday, November 6, 2012

Minimum Wage Changes for 2013

There have been several states that have made Major changes to their Minimum Wage posting. This includes states that have changed the Minimum Wage rate, or who have updated any significant law to the Wage posting. The states that have made a Major change to the Minimum Wage posting are the following:
  • Arizona
  • Florida
  • Montana
  • Ohio
  • Oregon
  • Rhode Island
  • Washington
We also expect the following states to have a Major change to their Minimum Wage posting, but they have not released the change(s) yet:
  • Colorado
  • Missouri
  • Vermont
Please check back regularly to find out about any other changes for 2013.
You may also visit us online to see all states and their Major changes.

Thursday, October 25, 2012

NJ New Poster Requirement - Gender Equity in Pay

UPDATE - NEW POSTER REQUIREMENT – GENDER EQUITY IN PAY,
COMPENSATION, BENEFITS OR OTHER TERMS OR CONDITIONS OF
EMPLOYMENT

P.L. 2012, c. 57, becomes effective on November 19, 2012 and requires that every employer in
New Jersey, with 50 or more employees, must conspicuously post notification in a place or
places accessible to all workers in each of the employer’s workplaces, in a form issued by
regulation promulgated by the Commissioner of Labor and Workforce Development, detailing
the right to be free of gender inequity or bias in pay, compensation, benefits or other terms and
conditions of employment under pertinent state and federal laws.
P.L. 2012, c. 57, also requires that the employer must provide to each worker of the employer a
written copy of the notification: not later than 30 days after the form of notification is issued by
the Commissioner; at the time of the worker’s hiring, if the worker is hired after the issuance of
the form of notification; annually, on or before December 31 of each year; and at any time, upon
the first request of the worker.
The law does not require that the notification be posted or distributed on the November 19,
2012 effective date.

The law does not require that the notification be posted or distributed within 30 days of the
November 19, 2012 effective date.

The posting and distribution requirements contained in the law are not triggered until the
Commissioner of Labor and Workforce Development issues the form of notification “by
regulation.”
The regulatory process takes months and involves (1) the publication of a notice of proposal in
the New Jersey Register and on the Department of Labor and Workforce Development website,
which would contain a proposed form of the notification, (2) a 60-day comment period during
which members of the public may submit written comments regarding the proposed form of the
notification, and (3) the publication of a notice of adoption in the New Jersey Register, which
would contain the final form of the notification.
It would only be upon publication in the New Jersey Register of a notice of adoption
containing the final form of the notification that the posting and distribution requirements
within P.L. 2012, c. 57, are triggered.
The Department will be posting regular updates on its website as to the status of the rulemaking.

If you would like to keep updated on any or all states of the Labor Law Posting requirements, feel free to opt-in to email notifications at www.nationalsafetycompliance.com/POS/LLPSubscribe.htm

Wednesday, October 10, 2012

Minor vs. Major Changes

The Summer is usually quite slow regarding changes to Labor Laws and their corresponding required postings.  As we approach the new year, we are making sure that we are ready to make any necessary changes to the required postings by the Federal agencies and each state agency.  We have over the course of this year made several minor changes to existing postings.  Hawaii had a minor change to the occupational safety posting in April, Indiana had a minor change to the Equal Employment Opportunity posting in June and South Carolina had minor changes just recently to the LLR Abstract and the Safety & Health postings.  These are a few examples of minor changes that do not mandate an updated poster because they are not reflective of changes in the law.  Major changes are changes that occur in the posting(s) because of a change in the law.  When there is a Major change, an employer is required to post the new required information, usually within 30-60 days of the law change.  National Safety Compliance does an excellent job of posting any Major changes to their web site.  Most assuredly, they will provide the same accurate Major labor law changes for 2013.  Knowledge of these changes are usually released after legislation is complete in November.  Look for these changes at the end of November, or early December.  I will also be attempting to keep you informed on this blog.

Thursday, May 24, 2012

EEOC: Consideration of Arrest and Conviction Records in Employment Decisions

  • An employer’s use of an individual’s criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended.
  • The Guidance builds on longstanding court decisions and existing guidance documents that the U.S. Equal Employment Opportunity Commission (Commission or EEOC) issued over twenty years ago.
  • The Guidance focuses on employment discrimination based on race and national origin. The Introduction provides information about criminal records, employer practices, and Title VII.
  • The Guidance discusses the differences between arrest and conviction records.
    • The fact of an arrest does not establish that criminal conduct has occurred, and an exclusion based on an arrest, in itself, is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question.
    • In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision.
  • The Guidance discusses disparate treatment and disparate impact analysis under Title VII.
    • A violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin (disparate treatment liability).
    • An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity (disparate impact liability).
      • National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin. The national data provides a basis for the Commission to investigate Title VII disparate impact charges challenging criminal record exclusions.
      • Two circumstances in which the Commission believes employers will consistently meet the “job related and consistent with business necessity” defense are as follows:
        • The employer validates the criminal conduct exclusion for the position in question in light of the Uniform Guidelines on Employee Selection Procedures (if there is data or analysis about criminal conduct as related to subsequent work performance or behaviors); or
        • The employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job (the three factors identified by the court in Green v. Missouri Pacific Railroad, 549 F.2d 1158 (8th Cir. 1977)). The employer’s policy then provides an opportunity for an individualized assessment for those people identified by the screen, to determine if the policy as applied is job related and consistent with business necessity. (Although Title VII does not require individualized assessment in all circumstances, the use of a screen that does not include individualized assessment is more likely to violate Title VII.).
  • Compliance with other federal laws and/or regulations that conflict with Title VII is a defense to a charge of discrimination under Title VII.
  • State and local laws or regulations are preempted by Title VII if they “purport[] to require or permit the doing of any act which would be an unlawful employment practice” under Title VII. 42 U.S.C. § 2000e-7.
  • The Guidance concludes with best practices for employers.

Wednesday, April 18, 2012

NLRB Posting Requirement - Not to be Implemented!

In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”

Wednesday, April 11, 2012

NLRB Employee Rights Poster Requirement Upheld!

A federal district court has upheld the National labor Relations Board (NLRB) requirement to post notice advising employees of their rights under the National Labor Relations Act (NLRA). This Employee Rights posting must be posted in a conspicuous place by April 30, 2012.

Even though the federal district court for the District of Columbia on March 2nd upheld the NLRB has authority to require the workplace poster, the court did assert some limits of the enforcement mechanisms. Although the District Court in the District of Columbia reached a decision, the decision can be appealed.

The district court ruled in effect that the NLRB “lawfully made” the rule that requires private employers to post the “Employee Rights Under the National Labor Relations Act” notice. Hence, the notice does not violate employers’ free speech rights. On the other hand the court did rule that failure to post the “Employee Rights” notice is not an unfair labor practice. The court did not rule out the possibility that failure to post could be considered evidence of an unfair labor practice. The court decision did not change the requirement to post the “Employee Rights” notice. National Safety Compliance has incorporated this posting in its Federal Labor Law Poster in October of 2011.

Monday, February 20, 2012

2013 DOL Budget Q & A

Many leaders from the US Department of Labor held a Questions & Answers session on February 13th. Included in the panel was Nancy Leppink, Deputy Administrator of the Wage and Hour Division (WHD). Below are the questions and Ms. Leppink's responses.

Could you comment further on the WHD efforts that will be funded by the increases mentioned earlier? ($10 million to address misclassificaton of employees and $6 million for increased FLSA and FMLA enforcement)

Elizabeth, thanks for the question. About $6.4 million will used be to hire investigators to enforce FLSA (overtime and Section 14(c)) and FMLA, and about $3.8 million will be used to hire investigators for increasing enforcement related to misclassificaiton of employees and to educate employers and employees about their rights and responsibilities.

For Tricia Smith: What trends are becoming apparent with the issue of worker misclassification regarding DBRA noncompliance, and is there anything good to report?

Steven, thanks for your question! In 2011, the Wage and Hour Division collected nearly $18 million in back wages related to DBRA violations for more than 8,000 workers.

Will this proposed budget have any impact on DOL enforcement efforts with respect to "Hot Goods"? If so, what do you see as the impact? And, what industries will be affected the most?

JMH, thanks for your question. The Wage and Hour Division has indicated that it will use all tools available, including the FLSA hot goods provision, to ensure compliance among violators and to deter violations among other employers. The division will continue to focus on low-wage industries that employ vulnerable workers, including agriculture and garment.

How many more inspectors would the WHD budget increases support?

Hello, Elizabeth. The WHD budget increases would support the hiring of about 92 additional investigators.

For Wage & Hour: What does the 2013 budget mean for Wage & Hour investigations? Will there be any additional investigators hired to combat FLSA violations?

Hi, Michell. Elizabeth had a similar question at 2:11. Please scroll up and see our response to her.

With the DOL's new investigators, is there a percentage that would focus on misclassification vs FMLA violations or is this a dual effort?

We've requested $3.8 million and 35 full time employers for increased enforcement related specifically to misclassified workers.

Will DOL be working with IRS on misclassification cases?

Pat, thanks for the question. In 2011, DOL and IRS signed a memorandum of understanding to improve coordination on misclassification. Information is available on our website, discussing the MOU with the IRS and similar MOUs with individual states: http://www.dol.gov/whd/

The majority of violations in wage and hour division falls between misclassification of employees, lack of payroll records keeping and overtime pay. what plan does this division has to minimize these problem areas- are planning outreach programs or training. would you be need private sector help in providing assitance in form of training, if so what provisions in budget would be use for such purpose

In response to the growing national problem of misclassification, WHD is employing a number of strategies including targeted enforcement and outreach to workers and employers. Additional information about our misclassification efforts is available online at http://www.dol.gov/whd/workers/misclassification/

What commitment does the DOL have for the enforcement of Davis Bacon in 2013?

Hi, Tyra. Thanks for your question. The Wage and Hour Division will continue its emphasis on enforcing the prevailing wage requirements of the Davis-Bacon program in 2013.

Friday, February 10, 2012

2012 Labor Law Posters

The state of Louisiana has released its updated Earned Income Credit posting. Louisiana is the last Major change anticipated to be made for January 2012. Now that we are in "full swing" of the new year. Employers must ensure they are in compliance with the many Federal and State government agencies that require a labor law posting. National Safety Compliance has compiled a comprehensive list of all the states and provided that list and any Major changes that would mandate an update to your poster.
State Changes Since January 2011 Affected Posting
Federal YES 01/09-USERRA
11/09-EEOC Posting (GINA Information)
09/11-NLRB Posting added
04/12-NLRB Posting required
Alabama

Alaska
07/09-Minimum Wage
Arizona YES 01/10-Discrimination Poster
01/11-Minimum Wage
01/12-Minimum Wage
Arkansas

California YES 01/09-Unemployment Insurance
01/12-Family Medical Leave Act
01/12-Discrimination & Harassment in Employment
Colorado YES
01/10-Discrimination Posting
01/11-Minimum Wage
01/12-Minimum Wage
Connecticut YES

01/09-Minimum Wage
01/12-Paid Sick Leave (new posting)

Deleware
07/09-Minimum Wage
District of Columbia
01/09-Fair Housing*
01/11-Accrued Sick & Safe Leave Act (new posting)
Florida YES 01/09-Minimum Wage
07/09-Minimum Wage
01/12-Minimum Wage
Georgia

Hawaii

Idaho

Illinois
06/08-Minimum Wage
09/08-Dept. of Labor Posting (NEW)
Indiana

Iowa

Kansas

Kentucky

Louisiana YES

01/10-Earned Income Credit
01/11-Earned Income Credit
01/12-Earned Income Credit

Maine
10/08-Minimum Wage
Maryland
07/09-Minimum Wage
Massachusetts
06/08-Minimum Wage
Michigan
07/09-Minimum Wage
Minnesota

Mississippi

Missouri
01/09-Minimum Wage
07/09-Minimum Wage
Montana YES 01/09-Minimum Wage
01/12-Minimum Wage
Nebraska

Nevada
07/09-Minimum Wage
New Hampshire YES 01/09-Criteria to Establish an Employee or Independent Contractor
01/12-Minimum Wage
New Jersey YES 07/09-Minimum Wage
01/12-Employer Obligation to Maintain & Report Records (new posting)
New Mexico

New York
02/09-Correctional Records (NEW)
07/09-Minimum Wage
North Carolina

North Dakota

Ohio YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
Oklahoma

Oregon YES 01/11-Minimum Wage
01/12-Minimum Wage
01/12-Family Leave
Pennsylvania

Rhode Island
01/09-Minimum Wage
South Carolina YES 01/09-Payment of Wages Act
01/12-Labor Licensing & Registration posting update (E-verify statement)
South Dakota
07/08-Unemployment Insurance
Tennessee

Texas

Utah

Vermont YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
Virginia
07/09-Earned Income Credit
Washington YES 01/09-Minimum Wage
01/11-Minimum Wage
01/12-Minimum Wage
West Virginia

07/08-Unemployment Insurance
01/11-Unemployment Insurance

Wisconsin

08/10-Fair Employment Law

Wyoming
02/10 - Minimum Wage posting
02/10 - Employee Notice posting
*Only applicable to certain business types, such as: property managers and real estate.
To ensure your compliance with state and federal regulations, please visit us at 2012 Labor Law Posters Laminated

Tuesday, January 24, 2012

2012 Hawaii Labor Law Poster Released

The Hawaii Civil Rights Commission has released the new Discrimination posting for 2012. National Safety Compliance has made all necessary changes to its #LP9HI - 2012 Hawaii Labor Law Poster - Laminated and it is now shipping. The following are the Major changes that the state of Hawaii has made to its required postings:

There have been several Minor changes to the postings to ensure it is the most accurate poster for the state of Hawaii.

Please remember this poster includes all required postings by the state of Hawaii, but employers must also post the #LP9FED - Federal Labor Law Poster to suffice Federal regulations. These posters, along with all state posters, are available for purchase from National Safety Compliance at a very reasonable price. The only 2012 State Labor Law Poster not released is Louisiana.

Wednesday, January 11, 2012

2012 Oregon Labor Law Poster Released

The Oregon Bureau of Labor and Industries has released the new Minimum Wage posting for 2012. National Safety Compliance has made all necessary changes to its #LP9OR - 2012 Oregon Labor Law Poster - Laminated and it is now shipping. The following are the Major changes that the state of Oregon has made to its required postings:

Minimum Wage has increased for 2012.
Agricultural Minimum Wage has also increased for 2012.
Family Leave Act has also had a Major change to its content - added text regarding same-gender domestic partner's children and parents.
There have been several Minor changes to the postings to ensure it is the most accurate poster for the state of Oregon.

Please remember this poster includes all required postings by the state of Oregon, but employers must also post the #LP9FED - Federal Labor Law Poster to suffice Federal regulations. These posters, along with all state posters, are available for purchase from National Safety Compliance at a very reasonable price. The only 2012 State Labor Law Posters not released are for Hawaii & Louisiana.

Tuesday, January 3, 2012

2012 State Labor Law Posters

As we start the new year it is wise for an employer to review all the Labor Postings at their workplace to ensure they are in compliant with all state and Federal mandated posters. Many states had Major changes to their poster effective this month. The following states had an increase in Minimum Wage, which requires an updated poster: AZ, CO, FL, MT, NH, OH, OR, VT & WA. Other states added new required postings - CT added the Paid Sick Leave posting and NJ added the Employer Obligation to Maintain & Report Records. Other states may have updated laws that dictated a change in the posting information, such as California's Discrimination & Harassment in Employment has been updated and California's Family Medical Leave Act has been updated for 2012.

These are several examples of Major changes that can happen in your state. To keep up to date you may Opt-In to Email Notifications of Major changes to your state and Federal required postings.

National Safety Compliance
has released all 2012 State & Federal Labor Law Posters for shipping, except LA, OR & HI - these state agencies have not released the updated information.